DC Police Get Training To Understand Sikh Community

Yesterday's Panthic Weekly reports on a cooperative program between the Sikh American Legal Defense and Education Fund (SALDEF) and the Washington, DC Metropolitan Police Department (MDP). The program is training all 3,000 MDC police officers to understand the Sikh religion and is making suggestions on how to interact with the Sikh community in non-emergency, non-crisis situations. SALDEF's training program has previously been used in other agencies and police departments as well.

Native American Religious Rights Pose Complexity In Massachusetts Case

The complexity in protecting religious rights of Native Americans is illustrated by a case heard in Famouth, Massachusetts yesterday, and reported on in today's Cape Cod Times. In January, the Mashpee Wampanoag Tribal Council "shunned" four tribe members who had filed a lawsuit against the Council charging financial mismanagement. This meant that the four were banned from the tribe's annual Pow Wow in July. However, they attended anyway, claiming that the Pow Wow is a religious activity and the Tribal Council was interfering with their religious exercise. Tribal leaders called Mashpee police who issued trespass complaints against the four. Those complaints were dismissed yesterday by a Falmouth District Court Magistrate after the defendants, while still asserting their right to attend the Pow Wow, agreed to obey an order not to trespass on tribal lands for the next three months. Meanwhile, the financial mismanagement lawsuit filed by the four dissidents has been dismissed because in February the Mashpee Wampanoag tribe received federal recognition, and a Superior Court judge held that this deprived state courts of jurisdiction over the lawsuit.

Ukraine Officials Accused of Failing to Prevent Anti-Semitic Attacks

In the Ukraine, chief-rabbi Azriel Chaikin has released a letter charging government and law enforcement officials with failing to prevent a series of anti-Semitic assaults in the country. Chabad.org News yesterday quoted Chaikin as saying that authorities "either don't have the desire or are incapable of preserving security".

Parent Loses Challenge To In-School Anti-Drug Speaker

Marion, Illinois parent Robert Marsh has failed to convince a federal court jury that his daughter's school district endorsed religion or fostered excessive entanglement when it permitted Texas evangelist Ronnie Hill to speak at school assemblies in November 2003. Yesterday's Houston Chronicle reports on the decision handed down last week. Originally Marsh sought an injunction against the evangelist's appearance. A judge permitted the secular in-school presentations to go on, but ordered the evangelist not to use the school talk to promote his later appearance at a local church. However, it turns out that tickets to Hill's evangelical church rally, which included a pizza party, were handed out at the school on the day Hill spoke. Then a judge dismissed Marsh's lawsuit as moot because the school assemblies had already taken place. Later, however, a second judge reinstated Marsh's claim for damages. After the jury last week found against Marsh, the court ordered him to pay the school district's court costs. (See prior related posting.)

Anonymous Airline Passengers Dropped From Imams' Civil Rights Suit

Now that a new federal law grants immunity from suit to individuals who, in good faith, report on suspicious activities of fellow airline passengers, a group of imams who are plaintiffs in a Minnesota case yesterday dismissed the "John Doe" passenger defendants from their lawsuit. (Dismissal Notice.) The Beckett Fund yesterday issued a release setting out its involvement in demanding that the plaintiffs drop the passengers as defendants in the civil rights suit alleging that six imams were wrongfully removed from a U.S. Airways flight last November.

Louisiana School Board Adopts New Prayer Policy for Meetings

Now that plaintiffs challenging the prayers that open school board meetings in Tangipahoa Parish, Louisiana have lost their case on standing grounds, the school board on Tuesday adopted a new policy, according to The Advocate. The Board will create a database of congregations with an established presence in the local community and will send out a letter once a year to them inviting their clergy to lead the prayers on a first-come, first-served basis. No individual may lead prayers more than three times each year, and the School Board will not review the prayers in advance. [Thanks to Melissa Rogers for the lead.]

Suit Claiming Dams Impede Tribal Religious Ceremonies Proceeds

A Northern District of California federal judge on Friday rejected a motion by PacifiCorp to dismiss the lawsuit filed against it by a number of plaintiffs including Yurok and Karuk Tribal members. The lawsuit seeks damages for toxic water conditions caused by PacifiCorp's dams on the Klamath River. The court also refused to delay the case while the Federal Energy Regulatory Commission completes long-running dam re-licensing proceedings. Plaintiffs allege, in part, that toxic blue-green algae thriving in reservoirs above the dams have seriously interfered with river-based tribal religious ceremonies. Yesterday's American Chronicle reports on the court's holding that the grant of a federal permit for the dams does not preclude the bringing of a nuisance claim against PacifiCorp.

Suit Challenging Removal of Prison Religious Books Refiled As Class Action

Two New York prisoners have refiled a lawsuit challenging the federal Bureau of Prisons policy that severely limits the number of books in prison chapel libraries, according to yesterday's International Herald Tribune. An earlier suit they filed was withdrawn after the court ruled that they had not exhausted internal prison channels to complain. The new suit seeks class action certification so that plaintiffs can sue on behalf of prisoners around the country. The Bureau of Prisons implemented the challenged policy after it concluded that prison chapel libraries were not being adequately supervised, fearing that radical religious books might fall into the hands of violent inmates. The rules now limit prison libraries to between 100 and 150 titles for each religion. Many books previously in the libraries were removed. The lawsuit claims that this had led to hundreds of religious books and media being removed from prisons since February, often without review to learn if they are objectionable. (See prior related postings, 1, 2 .)

Quebec Closes Down Mennonite School-- Families Move Away

In Canada, Quebec's Education Ministry is threatening to take the province's only Mennonite community to court if it does not close down its faith-based school. The school that enrolls eleven children is operating without a permit, employs uncertified teachers and does not follow required curriculum standards. In response, according to Today's Family News, several Mennonite families with young children are planning to move to another province. Roxton Falls Mayor Jean-Marie Laplante has asked the Education Minister to allow the Mennonite school to continue to operate.

Germans Concerned Over Proposed New Mosque In Cologne

In Cologne, Germany, unexpectedly strong opposition has arisen to plans for the building of a new $20 million mosque on the site of a current one that is housed in a refurbished factory. The design for the new mosque-- a combination of classical and modern architecture-- came from a design competition held by the Turkish-Islamic Union. Today's Detroit Free Press (reprinting an article from last week's Chicago Tribune) says that German politicians and religious leaders have both expressed concerns. Criticism spread after Ralph Giordano, a respected German-Jewish writer, said the mosque demonstrated the creeping Islamization of Europe. Joerg Uckermann, deputy mayor of the Ehrenfeld district, said: "The mosque is not a symbol of integration, it's a symbol of isolation, the symbol of an isolated enclave of Oriental culture." And Germany's Cardinal Joachim Meisner said that the plans for the mosque give him an "uneasy feeling." The comments reflect growing concern in Germany over its failure to fully integrate the country's 2.7 million Turkish immigrants, at the same time that Turkey is pressing for admission to the European Union.

9th Circuit Voids Settlement In Synagogue's RLUIPA Case

In League of Residential Neighborhood Advocates v. City of Los Angeles, (9th Cir., Aug. 21, 2007), the U.S. Ninth Circuit Court of Appeals overturned a lower court's approval of a settlement agreement in a RLUIPA case that would have permitted a synagogue to operate in an area zoned for residential use. The appellate court agreed with neighbors of Congregation Etz Chaim that the settlement process cannot be used to evade state law requirements for notice and a hearing for the affected community before a conditional use permit is granted. Merely a potential violation of federal law is not reason enough. "Before approving any settlement agreement that authorizes a state or municipal entity to disregard its own statutes in the name of federal law, a district court must find that there has been or will be an actual violation of that federal law." Today's Los Angeles Times reports on the decision.

Florida Hebrew Language Charter School Has New Problems With Curriculum

A controversial Hebrew language Charter School in Hollywood, Florida has encountered new problems. (See prior posting.) Today's South Florida Sun Sentinel reports that yesterday thee Broward County School Board told the Ben Gamla school to stop teaching Hebrew until its curriculum was approved as being totally secular. After having two previous programs rejected for being based, in part, on traditional Jewish texts, the program presented to the Board yesterday contained only a "curriculum map" that outlined the skills that students would develop at each level. However the Board objected to the content of some of the websites the "map" listed as teacher resources. So now the Board has hired Nathan Katz, a professor in Florida International University's religious studies department, to review the curriculum. The Board will not meet again for three weeks.

UPDATE: An August 23 report by the New York Times reports that school founder Peter Deutsch wants to start similar charter schools in Los Angeles, Miami and New York and hopes to eventually open 100 Hebrew-English charter schools around the country. He is already seeking four more charters in Florida.

Michigan Church Sues Over Permission To Run Counseling Program

Tomorrow a Michigan federal district court will hear arguments in a dispute between a Lennox Township (MI) church and township officials over the church’s residential counseling program. According to today’s Macomb Daily, Grace Community Church (GCC) has taken over 54 acres of land containing a former Catholic church and monastery that housed 25 people. The Township forced GCC to stop operating its Discipleship Training Center in the former monastery building, claiming that GCC was offering substance abuse counseling in addition to the religious counseling that is allowed under its land use permit. GCC’s pastor, Bill Pacey, says that is not so, even though he is a licensed substance abuse counselor. GCC’s lawsuit claims that the Township is violating RLUIPA by preventing it from operating its program.

Australian Law Student Suspended For Religious Interruptions

A student at Australian National University (ANU) in Canberra was forcibly removed from campus and suspended for 28 days after he continued to interrupt lectures by shouting his religious beliefs. AAP today reports that the incidents, which apparently involved a Muslim law student, took place last week.

Rhode Island Policy Banning Religious Group Use of State House May Be Changed

In Rhode Island, a recently appointed state official has discovered a long-ignored formal state polciy that prohibits religious functions or functions held by religious groups from taking place at the State House, even though other non-profit groups may use the State House for events and fundraisers. Today's Providence Journal reports that Department of Administration official Marco Schiappa has recommended that an application by Hispanic Protestant congregations to hold a day of prayer on the State House lawn be approved because the policy has been ignored for so long. Regularly, events like a Catholic group's recitation of the rosary to pray for an end to legalized abortion and a menorah lighting by a Jewish group have been permitted. Religious and civil liberties groups and state officials, including Governor Donald Carcieri, have all called for the policy to be changed. Rev. Eliseo Nogueras, resident of the Hispanic Ministerial Association of Rhode Island, pointed out that Rhode Island was founded by Roger Williams who left Massachusetts because of religious persecution.

8th Circuit Upholds Injunction Against Bible Distributions In School

Yesterday, in Doe v. South Iron R-1 School District, (8th Cir., Aug. 21, 2007), the U.S. 8th Circuit Court of Appeals upheld a lower court's preliminary injunction prohibiting a Missouri school district from allowing the Gideons to hand out Bibles to elementary schoolers on school property during the school day. (See prior posting.) In the appeal, the school district argued that the injunction required it to impose a content-based restriction on speech. The court said that this argument was without merit, since Establishment Clause cases always make content-based distinctions when they prohibit government from endorsing religion. Yesterday's Kansas City Star reports on the case.

Suit Challenges Graduation Prayer Policy of Texas High Schools

On Monday, six parents and a former student sued the Round Rock (TX) Independent School District, alleging that its policy on prayer at high school graduation ceremonies is unconstitutional. The Texas school district allows a yearly vote by seniors on whether there should be prayer at their graduations. The suit, filed by Americans United for Separation of Church and State, argues that the vote is an official school-sponsored event in which the district makes clear that they want students to vote in favor of prayer. In one case, the school district ordered a re-vote when students voted against prayer. The complaint in Does v. Round Rock Independent School District was filed in federal district court for the Western District of Texas. (Press release).

ADA Held Not Applicable To State Prisons- Free Exercise Issues Discussed

An interesting decision in Chase v. Baskerville, 2007 U.S. Dist. LEXIS 60640 (ED VA, Aug. 2, 2007) may have an impact on religious freedom issues in prisons. The case invovles a claim by a deaf inmate under the Americans with Disabilities Act and the federal Rehabilitation Act. He argued that a Virginia prison should have provided him with an interpreter to assist him in his school work. Much of the decision focused on whether the ADA could be applied constitutionally to state prisons. That in turn, under the U.S. Supreme Court's test developed in City of Boerne v. Flores, depends on whether applying the ADA in this context is an attempt to redefine the substantive meaning of the 14th Amendment, or is merely a congruent and proportional response to identified unconstitutional conduct.

The court ultimately concluded that Title II of the ADA is not tailored to remedy likely constitutional violations in state prisons. In the course of its opinion considering whether the ADA is an appropriate response to potential prison problems the court included this observation:

Admittedly, there is some congruency between an inmate's right to the free exercise of his religion and Title II's reasonable accommodation requirement and certain due process protections. For example, the lack of a handicap accessible chapel may substantially burden a disabled inmate in the free exercise of his religion. Thus, the imposition of an accessibility requirement is facially congruent and proportional in that context with the inmate's underlying free exercise rights. Nevertheless, the strict liability imposed by the ADA in this context is not entirely congruent with the jurisprudence that "negligent acts by officials causing unintended denials of religious rights do not violate the Free Exercise Clause."

Baptisms In Prisons Face Hurdles

A recent article in the Christian Chronicle discusses the problems encountered by Christian ministers in accommodating prison inmates who wish to be baptized. Staff prison chaplains often deny the request on security grounds. William Crossman, of the Church of Christ Prison Ministry in Leavenworth, Kan., says: "There are many, many chaplains that do not believe in baptism, and they're not going to go out of their way to see that it’s done." However, as the article chronicles, in a number of institutions, hundreds of inmates have been baptized, sometimes under the threat of litigation if prison officials do not permit it. Often portable baptisteries or inflatable kiddie pools are used for the ceremony.

Romania Considering Compulsory Religion Classes In Schools

Romania's Education Ministry is considering introducing compulsory religion classes in grades 1 through 10 in public schools. HotNews.ro reports today that the move is endorsed by all recognized religious groups in the country. Currently, non-compulsory religious education classes are offered in schools. Students have a choice of enrolling in them, or instead taking a course in the history of religions.

British Columbia Agency Mediates Settlement In Complaints By FLDS Women

In Canada on Monday, the British Columbia Human Rights Tribunal released an agreement that it had mediated in order to settle a complaint brought by several women charging that the government had discriminated against women members of the Fundamentalist Church of Jesus Christ of Latter Day Saints in the community of Bountiful by failing to enforce the province's law against polygamy. (See prior posting.) The complaint also claimed that the province had failed to provide girls and women in the community with equal access to government services.

Today's Vancouver Sun reports that the settlement gives a partial victory to the complainants. One part of it deals with government-funded schools operated by the FLDS under the Independent School Act. Government officials will be advised that the Act does not prohibit discrimination on the basis of gender, but it does prohibit the schools from teaching doctrines of racial or ethnic superiority or persecution, or religious intolerance. Also under the agreement, the government will provide funds for basic crisis intervention training and an information package on all available government services, including counselling and safe houses. Finally, the government will work to refine the way in which its current level of services are delivered to residents of the closed community.

Indiana Reps Want Churches To Pay For Basic Government Services

Sunday's Indianapolis (IN) Star features an article on the large amount of tax revenues being lost because of property tax exemptions for churches. It estimates that church properties in Marion County, Indiana are worth $1 billion. Two state representatives, Bill Crawford and Thomas E. Saunders, are suggesting that religious groups begin to pay some fees to cover basic services such as police and fire protection. [Thanks to Blog from the Capital for the lead.]

USCIRF Delegation Visiting Turkmenistan

A delegation from the U.S. Commission on International Religious Freedom yesterday began a 6-day visit to Turkmenistan where they will meet with government officials and be greeted by the country's president. Turkmenistan.ru reports that the group is headed by USCIRF Chairman Michael Kromartin. In May, USCIRF recommended that Turkmenistan be added to the U.S. list of "countries of particular concern", a compilation of nations with the most egregious records of trampling on religious rights. (See prior posting.) Last January, USCIRF issued a long release on conditions in Turkmenistan, emphasizing the possibility for human rights reform with the death of former president Saparmurat Niyazov.

Iraqi Christians In Mosul Face Difficulties

Yesterday's Boston Herald reports on the particularly difficult problems being faced by Christians in the Iraqi city of Mosul. Their churches have been bombed and clergy have been murdered. Many have fled to Kurdish controlled territory in the north, or to Syria. The city's 23 churches have stopped functioning publicly, and many Christian women have been forced by militants to wear Islamic dress.

Deportation of High-Profile Immigrant Focuses Attention On Sanctuary Movement

On Sunday night, federal officials arrested and deported high-profile immigration activist, Elvira Arellano, to Mexico. Part of the growing "sanctuary movement", Arellano had taken refuge in Chicago's Adalberto United Methodist Church for the last year, and had become a symbol for immigrant rights activists. Today's Los Angeles Times reports on the arrest and deportation, and the Chicago Tribune reports on Arellano's difficult decision on whether her 8-year old son (who is a U.S. citizen) will stay with her in Mexico or remain in the U.S. Interestingly, officials did not arrest Arellano until she left her sanctuary church in Chicago and went to Los Angeles to attend a rally.

This series of events poses the question of the extent to which government officials are de facto respecting churches as a place of sanctuary, even though it is fairly clear that they have no legal obligation to do so. Arellano said she left Chicago because she thought authorities were preparing to enter the church to arrest her. However, U.S. immigration enforcement officials said that it was her decision to leave the church that led to her arrest. They said it was safer to arrest her outside the church. Rev. Walter "Slim" Coleman, pastor of the Chicago church where Arellano had lived for the past year, said: "I think they obviously didn't want the embarrassment of breaking into a church and separating a mother from her son in front of the cross."

Today's Long Beach (CA) Press Telegram runs an article discussing the sanctuary movement more broadly, with a focus on Los Angeles County. It quotes Chicago's Rev. Coleman who says that the movement is "based on faith, not fear. It's not a place to hide, it's a place to bear witness that this country is destroying families."

Recent Articles of Interest

From SSRN:
Sandeep Gopalan, From Darfur to Sinai to Kashmir: Legalization and Ethno-Religious Conflicts, (August 18, 2007).

Paul E. McGreal, Social Capital in Constitutional Law: The Case of Religious Norm Enforcement Through Prayer at Public Occasions, SUI School of Law Research Paper No. 2007-1 (Aug. 15, 2007).

Belinda M. Smith, From Wardley to Purvis - How Far has Australian Anti-Discrimination Law Come in 30 Years?, Sydney Law School Research Paper No. 07/55.

Free Exercise Defense Being Raised To Smuggling Charges

The New York Sun today reports on a free exercise case that is moving toward trial in federal court in the Eastern District of New York. At a hearing earlier this month, a judge ruled that a New York woman-- originally from Liberia-- has standing to raise a free exercise of religion defense to charges of smuggling monkey meat into the United States. The defendant, Mamie Manneh, says that the monkey parts were imported for use in religious ceremonies. Supporting her claim are the pro bono efforts of a major New York law firm and potential testimony from a Harvard Divinity School faculty member.

Losing Plaintiff Gives His Arguments In Church Polling Place Controversy

The unsuccessful plaintiff in a recent Florida lawsuit challenging the use of a Catholic church as a polling place, gives his side of the argument in an op-ed piece in today's South Florida Sun-Sentinel. Jerry Rabinowitz, plaintiff in the federal court case of Rabinowitz v. Anderson, says:

As I approached my polling location I passed a large, anti-abortion banner put there by the host, Emanuel Church. Inside the religious classroom that served as the voting location, I was presented with religious iconography in every direction, including directly above the voting booths.... Although abortion, stem cell research, and gay rights weren't on that ballot, they are issues candidates run on and use to receive support. And they are religious concerns. Thus religion is, in that sense, on the ballot, making a church polling place inappropriate in any fair election.

CNN To Present Series On Religious Radicals

CNN is giving extensive publicity to its 3-part documentary, God's Warriors, scheduled for this week. Produced by Christiane Amanpour, the special will run two hours on three successive evenings beginning tomorrow. Tuesday's program is on Judaism, Wednesday's is on Islam and Thursday's is on Christianity. CNN says the series will explore "the intersection between religion and politics and the effects of Christianity, Islam and Judaism on politics, culture and public life," and it is asking viewers to submit questions ahead of time to Amanpour. David Yonke of the Toledo Blade describes the series this way:

For those who follow the news closely, there will be few major revelations in this series. Most of God's Warriors centers on pivotal events of recent history that have religious connections.... Around this historical framework, however, Amanpour and her crew expand on the events by interviewing extremists and their families and getting insights from political, cultural, and religious experts, seeking to understand the reasons behind the headlines.

The series has been extensively reviewed in newspapers and online forums across the country. Here is a sampling of the reviews from AP, the San Diego Union-Tribune, the Toledo Blade, and Variety. A summary of each episode is at Digital Home.

Thais Approve New Constitution by Divided Vote- No State Religion In It

Thailand voters approved its new Constitution yesterday by a divided vote-- only 57% voting in favor of it. (Bangkok Post). Early on the Constitution was controversial because of its failure to make Buddhism the state religion. That issue, however faded after a speech by Queen Sirikit earlier this month. (See prior posting).

Recent Prisoner Free Exercise Cases

In Quintana v. Edmond, 2007 U.S. Dist. LEXIS 58213 (D CO, Aug. 9, 2007), a Colorado federal district court permitted an inmate to move ahead with his claim that he was singled out for additional experimental urinalysis tests because he was permitted to smoke tobacco for religious reasons. The court said this could amount to a violation of plaintiff’s equal protection rights based either on his religion or his status as a Native American heritage. UPDATE: The Magistrate Judge's recommendations in the case are reported at 2007 U.S. Dist LEXIS 62203.

In Kay v. Friel, 2007 U.S. Dist. LEXIS 58205 , (D UT, Aug. 7, 2007), a Utah federal district court dismissed a prisoner’s complaint after he failed to amend it to adequately state a claim. Plaintiff’s allegation of interference with his free exercise rights was merely conclusive, and did not allege facts about the nature of his religious beliefs or about the items and rituals allegedly denied to him.

In Mustafa-Ali v. Irvin, 2007 U.S. Dist. LEXIS 58477, (SD MI, Aug. 9, 2007), a Mississippi federal Magistrate Judge rejected an inmate’s equal protection and free exercise claims. Plaintiff complained that the warden had denied him a hardback copy of the Quran, a prayer rug, special toiletry and shower facilities and a pork-free meal during Ramadan.

A case from several months ago, not previously discussed, is David v. Giurbino, 2007 U.S. Dist. LEXIS 19179 (SD CA, March 16, 2007), in which a federal judge accepted a Magistrate’s Report and Recommendation, 2007 U.S. Dist. LEXIS 59160,(SD CA, Jan. 22, 2007), that plaintiff’s complaint be dismissed. The case involved a Native American prisoner’s challenge to grooming regulations that did not permit him to wear his hair long enough to extend below his shirt collar. The complaint stems from action before changes in prison policy in response to a 2005 decision by the 9th Circuit. The Magistrate Judge found that prison officials were entitled to qualified immunity because before 2005 it would not have been apparent that the prison’s policies violated RLUIPA.

In Oram v. Hulin, 2007 U.S. Dist. LEXIS 60264 , (D ID, Aug. 16, 2007), an Idaho federal district court permitted a Seventh Day Adventist inmate to proceed with his claim that his First Amendment free exercise rights were violated when he was denied a religious diet. However, the court dismissed plaintiff’s equal protection claim.

Indian Tribe Seeks To Preserve Sacred Items Far From Reservation

The Day (New London, CT) today reprints a New York Times News Service story on the legal battle being waged by Arizona's Quechan Indians. They are attempting to force Arizona Clean Fuels, developers of a planned $4 billion refinery located 40 miles away from the Quechan reservation, to conduct an archaeological and cultural inventory to look for sacred Quechan remains. At issue is how far beyond the borders of their reservations Indian tribes can extend their demands for cultural preservation. The Quechans have already stopped a planned gold mine and a planned nuclear waste dump in California beyond the borders of their reservation. However in June a federal district court refused to issue a preliminary injunction to stop the land transfers involved in the refinery project. Quechan Indian Tribe v. United States DOI, 2007 U.S. Dist. LEXIS 47974 (D AZ, June 29, 2007), and the case is on appeal to the 9th Circuit. Meanwhile, last month the district court completely dismissed a portion of the complaint in the case, 2007 U.S. Dist. LEXIS 50776 (D AZ, July 12, 2007).

Sri Lankan Buddhists Concerned About New Movie, "Music and Lyrics"

The February 2007 Warner Bros. film, Music and Lyrics, has created a legal and religious controversy in Sri Lanka. Colombo's Sunday Times reports that the film has offended Buddhists who have seen it because of the final scene in which film character Cora Corman (played by Haley Bennett) emerges, scantily clad, from a figure of Buddha. Sri Lanka's Secretary of Religious Affairs and Moral Uplift, P. Kodituwakku , said that currently there is no law on the books that allows the government to take action against the film, though the Cabinet has been considering new legislation that would prohibit the misuse of religious symbols. Last year, Ven. Daranagala Kusaladhamma Thera, Chief Incumbent of Sri Sambodhi Viharaya, filed a suit in the Supreme Court challenging misuse of religious symbols in another case, and, while the Court has not yet decided the case, it did order that no religious image should be used in a manner that insults a religion until its decision is handed down.

Connecticut Episcopal Diocese Sues Break-Away Parish

Another lawsuit joins the long list of those involving property disputes between break-away Episcopal congregations and their former Diocese. This time it is the Episcopal Diocese of Connecticut suing Trinity Episcopal Church in Bristol. In May, the parish affiliated with the conservative Anglican Church of Nigeria in a dispute over the ordination of an openly gay man as the Episcopal Bishop of New Hampshire. Yesterday's Hartford Courant reported the lawsuit claims that by doing so, Trinity's leaders gave up the right to control parish property. Trinity and five other parishes are already appealing a case they lost last year in which they challenged the Diocese's attempt at that time to remove their priests and take over parish property. [See prior posting.] [Thanks to Nick Uva for the lead.]

NYT Magazine Explores the Politics of God

This morning's New York Times Magazine carries a long cover story by Columbia University professor Mark Lilla titled The Politics of God. Here is an excerpt:

A little more than two centuries ago we began to believe that the West was on a one-way track toward modern secular democracy and that other societies, once placed on that track, would inevitably follow. Though this has not happened, we still maintain our implicit faith in a modernizing process and blame delays on extenuating circumstances like poverty or colonialism. This assumption shapes the way we see political theology, especially in its Islamic form — as an atavism requiring psychological or sociological analysis but not serious intellectual engagement. Islamists, even if they are learned professionals, appear to us primarily as frustrated, irrational representatives of frustrated, irrational societies, nothing more. We live, so to speak, on the other shore. When we observe those on the opposite bank, we are puzzled, since we have only a distant memory of what it was like to think as they do. We all face the same questions of political existence, yet their way of answering them has become alien to us. On one shore, political institutions are conceived in terms of divine authority and spiritual redemption; on the other they are not. And that, as Robert Frost might have put it, makes all the difference....

Even the most stable and successful democracies, with the most high-minded and civilized believers, have proved vulnerable to political messianism and its theological justification. If we can understand how that was possible in the advanced West, if we can hear political theology speaking in a more recognizable tongue, represented by people in familiar dress with familiar names, perhaps then we can remind ourselves how the world looks from its perspective.

Hindu Priest To Open California Senate Session

Later this month, a Hindu priest will deliver the opening prayer before the California state Senate. India-West reports that the invocation, scheduled for August 27, will be delivered by Rajan Zed, who last month became the first Hindu clergy member to deliver the invocation in the United States Senate. That milestone was accompanied by protests in the U.S. Senate Gallery by a group of conservative Christians. (See prior posting.) [Thanks to Alliance Alert for the lead.]

Court Dismisses Suit Over Expulsion of Student From Catholic School

In Connor v. Archdiocese of Philadelphia, (PA Super. Ct., Aug. 16,2007), a Pennsylvania state appellate court upheld the dismissal of claims alleging defamation and intentional infliction of emotional distress brought by the parents of a 7th grade Catholic school student who had been expelled from school. The claims grew out of a letter sent to other school parents by school personnel , allegedly falsely accusing their son of bringing a penknife to school. The trial court dismissed the claims under the First Amendment-based "deference rule" which denies civil courts jurisdiction over ecclesiastical issues. The appellate court agreed that "it is not within the purview of the courts of this Commonwealth, under the guise of a tort action, to review a decision to expel a student from a parochial school." It went on to say that, "if our civil courts may not review an action that challenges the legitimacy of a disciplinary decision of a parochial school, then, in like fashion, they may not review an action that challenges the dissemination of information regarding that decision, at the very least within the narrowly circumscribed limits of the parish community."

Indian State to Ban Non-Hindu Activities Near Temple

Bowing to the wishes of the board that administers the Sri Venkateswara Temple (see prior posting), the government of the Indian state of Andhra Pradesh has announced that it plans to impose a ban on non-Hindu religious activities in a 110 sq. km. area surrounding the shrine. Christian Today reported on Saturday that the Global Council of Indian Christians has asked the governor of the state not to approve the legislation imposing the ban. They fear the ban will be used to harass non-Hindu residents in the area. The law will also require federal government approval before it can go into effect.

UPDATE: Apparently this new legislation is in addition to legislation enacted in June that permits the Andhra Pradesh government to prohibit propagation of religion in places of worship other than the religion traditionally practiced there. That law, the Andhra Pradesh Propagation of Other Religions in the Places of Worship or Prayer (Prohibition) Ordinance, 2007 was implemented by Government Order 747 that applies the prohibtion to 20 Temples in the state. (Persecution Update India.) The Aug. 20 Times of India says that Christian groups will file suit in the High Court challenging the constitutionality of that Order, and arguing that it is being misapplied to also ban social work by non-Hinud groups in the 20 towns involved.

Utah Judge Interviews Candidates For FLDS Trust Advisors

In St. George, Utah on Friday, a state district judge held a hearing to interview eight individuals who have been nominated to serve on the advisory board for the United Effort Plan, the trust that holds the property of the Fundamentalist Church of latter Day Saints, formerly led by Warren Jeffs. The court took control of the trust in 2005 and appointed Bruce Wisan as special fiduciary to manage the trust’s $100 million in assets. Today’s Deseret Morning News and Salt Lake Tribune both report on the hearing and on the complexities involved in determinations the board will need to make in allocating businesses and homes to individuals who are or were FLDS members. (See prior related posting.)

NY Court Decides Standing Issues In Challenge To Yeshiva Housing

Last Tuesday, a New York State appellate court issued a complicated decision on various parties’ rights to bring suit to challenge an enactment by the Town of Ramapo that permitted the construction in residential areas of adult married-student housing for students attending Orthodox Jewish educational institutions in the town. Four villages located within the Town, as well as two residents of the Town, challenged the ordinance on various grounds.—including the procedures used in enacting the law, its compliance with the State Environmental Quality Review Act (SEQRA), and constitutional challenges based on alleged discrimination against unmarried students, on favoritism of one religious group and on alleged improper exercise of the Town’s police powers.

In In re Village of Chestnut Ridge v. Town of Ramapo, (App. Div., 2d Dept., Aug. 14, 2007), the court concluded that the Villages have standing to assert the environmental claims and claims regarding required reviews of the proposed zoning law. The individuals have standing to assert these, plus claims that the law was inconsistent with provisions on municipal home rule, that it was inconsistent with the Town’s comprehensive plan, and that its enactment exceeded the Town’s police powers. None of the parties have standing to raise the other constitutional claims being asserted.

Covering the decision, today’s Lower Hudson Journal News quoted Dennis Lynch, attorney for one of the developers involved, who said the appeals court decision "is a lawyer's delight because everyone can sue everybody."

Church Appeals RLUIPA Eminent Domain Decision

In Rocky Mount, North Carolina, Life United Pentecostal Church filed an appeal Friday of a trial court's decision that allows the Board of Education to take the church’s property through eminent domain. The church had invoked the federal Religious Land Use and Institutionalized Persons Act to prevent the taking. (See prior posting.) The Rocky Mount Telegram says that the parties, however, are scheduled to meet on Thursday to discuss the price that the Board is willing to pay for the land. The church wants $1.8 million. The Board says the land is worth $788,400.

11th Circuit Rejects Dismissal of Free Exercise Claim By MSW Student

The 11th Circuit Court of Appeals today issued an interesting split opinion in a First Amendment speech and free exercise case-- Watts v. Florida International University, (11th Cir., Aug. 17, 2007). The case arose when John Watts, a Master of Social Work student at Florida International, a state university, could not graduate because he had been terminated from participating in a required practicum in which he was enrolled at a private psychiatric hospital. His dismissal came after he advised a patient that she join a bereavement support group. When the patient asked where she could find such a group, Watts, noting that her record showed she was Catholic, indicated that "church" was one of the options. The hospital said that this was "inappropriate behavior related to patients, regarding religion."

The Court of Appeals upheld the lower court's dismissal of Watts free speech claim, finding that, under the Supreme Court decision in Connick v. Myers, the government as Watts' employer could dismiss him even though it was based on speech. He was not here speaking as a citizen on matters of public concern. The court assumed, without discussing the matter, that the Connick test does not apply to a dismissal of an employee for exercise of religious beliefs.

The majority (Carnes, J. with Hill, J. concurring in his opinion) then held that, at least on the pleadings, Watts stated a valid free exercise claim when his complaint alleged: "Mr. Watts' religious beliefs include the belief that a patient who professes a religion is entitled to be informed if the counselor is aware of a religious avenue within the patient's religion that will meet the appropriate therapy protocol for the patient. Mr. Watts' termination for his 'religious speech' evidences Defendants' intent to compel Mr. Watts to act contrary to his religious beliefs and constitutes a substantial burden on the exercise of his religious beliefs."

Judge Tjoflat dissenting argued that while Watts had adequately plead that his beliefs were sincere, he had not adequately plead that they were religious as opposed to philosophical or professional. The majority responded to this argument, saying that Supreme Court precedent indicates that Watts need only "plead that he believes his religion compels him to take the actions that resulted in his termination. He need not plead now, or present later, 'objective' evidence that his belief is of the type that a judge would generally consider to be religious in nature. Watts is not on the hook for our inability to understand his religious system." [Thanks to Joel L. Sogol via Religionlaw listserv for the lead.]

New British Law Could Impose Faith-Based Probation Programs

Britain's National Secular Society says that under the country's new Offender Management Act 2007, faith-based organizations will be among those that can be used to provide probation services in local communities in England and Wales. Under the new law, the National Offender Management Service (NOMS) can contract with private providers to offer service that can be made part of an offender's community service or release on license from prison. The public probation service will remain the only "lead provider" of services for the next three years, but after that, private providers, including faith-based ones, could be appointed as lead providers alone or as part of a consortium. Providers though will have to meet national standards, and offenders have an appeal to NOMS if they are unreasonably found in breach of their conditions of release.

NY Judge Orders Mosque Reopened While Dispute Is In Court

In Suffern, New York, a lawsuit has been filed in state court in an internal disagreement over finances and administration between factions in a local mosque. The board of Masjid Darul Ehsan had changed the locks on the mosque's doors, leading congregants to have to pray in the mosque's parking lot and in the village of Suffern's gazebo. After a hearing on Wednesday, Justice William Sherwood ordered the mosque be reopened for daily prayers under the leadership of Imam Mohammad Abdul Rehman Shah, who had been fired by the board earlier this month. However the order does not call for the mosque's summer school to be resumed. The lawsuit asks for an accounting of the mosque's income and expenditures, including the use that has been made of donations. The Lower Hudson Journal News yesterday reported on the developments, saying that another hearing in the case is scheduled for Sept. 14.

Court Rejects Mother's Demand For Christian Therapist In Custody Case

In Alameda County Social Service Agency v. K.H., (CA 1st Dist. Ct. App., Aug. 15, 2007), a California court of appeals rejected a mother's claim that her Free Exercise rights, as well as her statutory rights to "reasonable" reunification services, were infringed when a juvenile court failed to provide her with a Christian therapist after the mother's children were removed from her custody because of physical abuse. The court said: "Given mother’s varied and numerous objections to the referrals and her failure to attend her own appointments or to take her children to all of their appointments, the record supports a finding that this new request [for a Christian therapist] was nothing more than another tactic by mother to evade therapy...." The court said that her First Amendment argument "borders on the frivolous".

Turkmenistan Sentences Conscientious Objector To Jail

Forum18 reported this week that in Turkmenistan, a conscientious objector-- Suleiman Udaev-- who adheres to the Jehovah's Witness faith has been sentenced to 18 months in jail for evading military service. Last month, three other Jehovah's Witnesses received suspended sentences for refusing military service. Ten others have not at this point been prosecuted.

Cub Scout Working To Develop Native American Emblem

A Cub Scout who engages in special projects can be awarded a special emblem from his religious organization that he can wear on his scout uniform. Now a Clermont, Florida, Cub Scout is working to establish Scouting's first Native American religious emblem. Earlier this week, the AP reported that 9-year old Kinlichiinii John, along with his family and Navajo medicine men, are working on a design for the emblem and the guidelines for earning it. Religious emblems earned by scouts are issued by religious organizations, but must be approved by the Boy Scouts. At least 25 scouts must be members of the Native American church for the scouts to approve the emblem. [Thanks to Alliance Alert for the lead.]

Louisiana College Plans To Open a "Biblical Worldview" Law School

TheAdvocate reports today that Louisiana College in Pineville, LA, has announced that it plans to open a "biblical worldview" law school in 2009. The newspaper reports that:

[College president, Joe] Aguillard said the law school will "unashamedly embrace" the nation’s "biblical roots" but still prepare graduates to pass the bar exam and practice law in Louisiana or nationwide. "We teach our students to have a passion to change the world in the name of Christ," he said.

Some anti-Christian courts have improperly interpreted the U.S. Constitution on issues involving religious liberties and family values, Aguillard said....

Louisiana College requires all of its faculty to "accept Jesus Christ" and was the scene of protests over an alleged lack of academic freedom as the college became more fundamentalist and conservative in recent years....

[Thanks to Melissa Rogers for the lead.]

Military Stops Group from Sending Apocalyptic Video Game To US Troops

ABC News yesterday reported that the Department of Defense has stopped plans by a Christian evangelical group to send soldiers in Iraq a video game in which Christian believers fight the Antichrist in the Battle of Armageddon. (See prior posting.) Operation Straight Up, an evangelical group that offers faith-based entertainment to military families, had been planning to include the games in care packages to troops. Troy Lyndon, producer of the game "Left Behind: Eternal Forces" says the game encourages players to recruit believers instead of killing the forces of the Antichrist.

Christian Groups Proposing Code of Conduct For Seeking Converts

The Associated Press reported yesterday that the World Evangelical Alliance has endorsed a move initiated last year by the World Council of Churches (WCC) and the Vatican to create a common code of conduct to govern proselytizing. The move comes in response to increasing concern over Christian evangelization expressed by Muslim and Hindu adherents in various countries. The WCC said the code of conduct could be an "advocacy tool in discussions with governments considering anti-conversion laws".

Group Urges IRS To Investigate California Church For Political Endorsement

On Tuesday, Americans United for Separation of Church and State wrote the Internal Revenue Service (full text of letter) urging it to investigate a Buena Park, California church for possible violations of Internal Revenue Code provisions that prohibit non-profits from endorsing political candidates. (AU press release.) AU says that on August 11 Dr. Wiley S. Drake, pastor of the First Southern Baptist Church, issued a press release on church letterhead endorsing Republican presidential candidate Mike Huckabee, and urging other Southern Baptists to support him also. The endorsement was also broadcast on an August 13 Internet radio show.

Issues of Secularism Remain In Turkey's New Presidential Election

In Turkey, now that Prime Minister Recep Tayyip Erdogan has indicated that he will again nominate Foreign Minister Abdullah Gul for President, secular parties are again questioning whether the nomination is consistent with Turkey's tradition as a secular state. (See prior posting.) In Gul's previous run for President, much attention was focused on the fact that his wife wears an Islamic headscarf. Gul says that the country's constitution guarantees his wife the right to wear her religious symbol, and that he does not expect that this will become an issue with the Turkish military this time. Last time Gul ultimately withdrew and new Parliamentary elections were held. Yesterday, both Reuters and the Associated Press ran long articles on the background of the upcoming presidential selection by Parliament and the religious-secular clash posed by Gul's candidacy.

Woman Arrested After Disturbing Neighbors With Wicca Ritual

Waukesha, Wisconsin resident Brenna Barney, a practicing witch, told police they were infringing her free exercise of religion when they arrested her for disturbing her neighbors just after midnight on Tuesday. WISN-TV reports that Barney, engaging in a Wicca ritual marking the new moon, chanted and threw a doll into a bonfire she had lit. Barney, now out on bail, was charged with resisting arrest and disorderly conduct.

Agreement Furthers Proper Burials For Jewish Military In Russia

In Russia, the Federation of Jewish Communities (FJC) recently signed a cooperation agreement with VMK, the Russian company that is in charge of military funerals in the country. The agreement is designed to assure that Jewish religious law is followed in burying Jewish soldiers. A news release issued yesterday by Chabad.org says that FJC and VMK will also develop a new gravestone appropriate for Jewish military members, and will work on other problems faced in burying Jews, especially those who are indigent.

Indiana State Agency Ends Controversial Chaplaincy Program

The Associated Press reported yesterday that Indiana's Family and Social Services Administration (FSSA) has decided to end its new program of creating a network of volunteer clergy to work with its employees. Rev. Michael Latham, the Baptist minister who had been hired by the agency to implement the program, has been ill and recently went on disability leave. His job performance had become the subject of criticism. Also in May, the Freedom From Religion Foundation had filed suit challenging the constitutionality of using state funds to pay Latham's salary. (See prior posting.) The FSSA said that its decision to end the program was not a result of the pending litigation.

Canadian Company Settles Complaint On Muslim Cabbies and Guide Dogs

In the Canadian province of British Columbia, a taxi company has settled a complaint that had been filed with the B.C. Human Rights Tribunal by Bruce Gilmour, a blind man who was refused service in West Vancouver by a Muslim cab driver. Driver Behzad Saidy considered Gilmour's guide dog "unclean" under Muslim law. According to yesterday's Toronto Star, the taxi company agreed to pay $2500 in damages, and to adopt a policy that would require Muslim drivers refusing passengers for religious reasons to call for another cab and stay with the blind person and guide dog until that cab arrives.

Texas State School Board Offers Narrow Policy On Student Religious Speech

Earlier this year, the Texas legislature passed and the governor signed the Religious Viewpoint Anti-Discrimination Act that requires schools to establish "a limited public forum for student speakers at all school events at which a student is to publicly speak". The law goes on to set out a model policy that schools may adopt to meet the requirements of the law. (See prior posting.) However, today's Austin (TX) American-Statesman reports that the Texas Association of School Boards (TASB) has furnished its members with a different-- and narrower-- model policy that they could use to meet the requirements of the statute. Unlike the statutory model, the TASB policy does not require schools to have student speakers introduce football games and school announcements. More importantly, perhaps, the TASB policy says that public speech to which the new law applies is only speech in the student's own words-- and not speech that is first approved by school officials. Proponents of the law are concerned that schools adopting the TASB model could avoid the law's thrust by requiring all student remarks to first be approved by school officials.

Vermont Policy On Religious Vanity Plates Upheld Again

A Vermont federal Magistrate Judge has concluded that a challenge to the state Department of Motor Vehicles policy on vanity licence plates should be rejected. The policy prohibits the issuance of plates displaying religious references. Today's Rutland (VT) Herald says that the magistrate's report concluded that "The DMV has the right to prohibit religious messages on license plates provided it does not discriminate based on the particular message or viewpoint." Shawn Byrne, who applied for plates with the number "JN36TN" (referring to the biblical verse John 3:16), already lost his attempt to obtain a preliminary injunction when he first filed the case in 2005. (See prior posting.) Attorneys have until Aug. 27 to file objections to the recent Magistrate's report. Lawyer Jeremy Tedesco said Byrne will continue to press his claim that the state's policy amounts to unconstitutional discrimination against religious viewpoints.

Report On White House Faith-Based Conference In Minneapolis

The Minnesota Monitor this week carried a two-part series (part 1, part 2) on the White House Conference on Faith-Based and Community Initiatives held last week in Minneapolis. Monitor reporter Andy Birkey reported that over 1000 people were in attendance. He summarized the atmosphere as follows:

Inside the conference, the official message was that government partnering with faith-based services can make America a better place. Unofficially, the message was apologetic and sometimes persecutive. Faith-based groups have been discriminated against in receiving grant money, many argued. The initiative is a way to "level the playing field."

Many presenters pointed to 'Minnesota Nice' as the ideal of the initiative, and the recent bridge collapse became a narrative for how faith-based groups and government can work together, particularly in Minnesota....

Perhaps the most important part of the conference was teaching the attendees, as well as state officials, the legal responsibilities that faith-based groups face in accepting government funds.

Despite those concerns, Minnesota Governor Tim Pawlenty began his remarks by reading from the Bible.

Canadian University To Install Footbaths Without Controversy

In Canada, the University of British Columbia is planning to install foot baths in the men's and women's washrooms in the University's Brock Hall where a prayer room used by Muslim students is located. The decision seems to have been made without the controversies that similar decisions have generated in the United States. Vancouver's The Province yesterday quoted a university spokesperson who said: "It's no different from upgrading washrooms to accommodate transgender students or students with disabilities."

Role of Non-Profits In Election Campaigns Debated

Last week, the Hudson Institute sponsored a discussion between author Robert Egger and Georgetown University fellow Pablo Eisenberg titled Should Nonprofit Organizations Play an Active Role in Election Campaigns? A transcript of the discussion, an audio recording of it and opinion pieces from the participants that appeared in the Chronicle of Philanthropy are all available from a page on the Hudson Institute's website. Melissa Rogers has a long posting about the exchange on her blog, and BNA's Daily Report for Executives [subscription required] covered the discussion last Friday.

Here is Egger's provocative challenge:

If most people have a choice between feeding a poor kid and fighting the reason the kids are poor, they’re going to opt, right now, historically, for the organization that feeds the kid. It's like the old line – and I forget which activist said it: When I fed the poor, they called me a saint. When I asked why they were poor, they called me a communist. That's to a certain extent what’s going on here. And I think that we have to challenge this. And I do want to be able to say, vote for Joe, or vote for Jane, openly.

Eisenberg however thinks that there is plenty for non-profits to do without endorsing political candidates:

There are so many issues on which nonprofits ought to be speaking out and putting their muscle into that they're not doing. For example, how many nonprofits have had the guts to challenge foundations, corporate donors, and United Ways throughout the country on the pattern of their giving, which has in fact neglected poor people, has refused to find advocacy, and has supported primarily established organizations. You can almost count the number of nonprofits on the fingers of both hands.... How many nonprofits have attacked the excesses of corporate America? .... They should focus on those issues and not try to get involved in politics, which at the same time would endanger their tax status.

Czech Official Suggests State Funding of Catholic Church End

In the Czech Republic, Government Legislative Council head Cyril Svoboda has suggested that the Catholic Church become independent of the government by all Catholics sending 1% of their monthly income to the Church. The Prague Daily Monitor yesterday said that the proposal does not reflect the official position of the Christian Democrat party leadership.

Tax Fraud Indictment Against Evangelist Dismissed For Prosecutorial Misconduct

In United States v. Cerullo, 2007 U.S. Dist. LEXIS 58142 (SD CA, Aug. 8, 2007), a San Diego, California federal district judge dismissed a tax evasion indictment against evangelist Morris Cerullo on the grounds of prosecutorial misconduct that misled the grand jury. The court found: "During the prosecutor's presentation, the grand jury asked at least three times about how to differentiate between earned income and gifts. Each time the prosecutor answered without mentioning the most critical factor: the donor's intent. And each time he told the grand jury to listen to the testimony of the Internal Revenue Service Agent." The testimony of the IRS agents however was incorrect and misleading. The court went on to say:

this case illustrates the specter of a federal tax prosecution that faces every clergyman, minister, rabbi, and cleric who receives money after delivering a sermon. Such tax cases must be considered by government prosecutors with great care lest the Government trench on rights afforded by the Free Exercise Clause and convert that which is a guaranteed liberty into a federal crime. In this case, the prosecutor did not exercise that necessary care before the grand jury. Consequently, the grand jury was misled on the law, was unable to correctly adjudge the evidence, and no longer operated as an independent body and buffer between the Government and the Defendant.

Today's San Diego Union-Tribune reports on the decision.

Buddhists Illegally Release Reptiles Into New Jersey River

Officials of the New Jersey Division of Fish & Wildlife are working with New York authorities to track down members from a New York sect of Amitabha Buddhists who released hundreds of live reptiles into the Passaic River on Sunday. The Buddhists are devout vegetarians who purchased the animals in New York's Chinatown in order to allow them to complete their natural life cycles and realize "their full karmic potential". NorthJersey.com reports that stocking fish or other species into the river without a permit can lead to a civil fine of up to $1000.

Kinghts of Columbus Will Shun Politicians Who Do Not Support Pro-Life Stance

LifeSite News reports that at its annual convention last week, the Knights of Columbus passed a resolution broadly reaffirming its pro-life stance, including its "long-standing policy of not inviting to any Knights of Columbus event, persons, especially public officials or candidates for public office, who do not support the legal protection of unborn children, or who advocate for the legalization of assisted suicide or euthanasia." The Resolution on Building a Culture of Life (full text) also said that candidates or public officials who do not have a pro-life agenda cannot use KofC facilities and will not be invited to serve as honorary chairpersons of KofC events or committees. The resolution also supported the Catholic Church's traditional teaching in opposition to the death penalty.

British Catholic School Cannot Fire Headteacher Who Entered Civil Union

Articles today in London's Daily Telegraph and yesterday in Britain's Pink News report that lawyers for the Catholic Archdiocese of Liverpool have advised it that it cannot legally fire Charles Coyne, the head of St. Cecilia's primary school, who has entered into a same-sex civil union with a man who is believed to also teach at another school nearby. The archdiocese said that Coyne's personal life had not interfered with his management of the school. Britain's Employment Equality (Sexual Orientation) Regulations provide only narrow exemptions for some religious positions outside the clergy. (See prior related posting.)

ACLU Sues Louisiana Over Unrerstricted Earmarks For Two Churches

An unusual earmarking of funds for two churches-- with no explanation of the purpose for which the funds are being granted-- has led the ACLU of Louisiana to bring suit against Louisiana's governor and state treasurer seeking a declaration that the state's budget bill (House Bill 1) violates the Establishment Clause and an injunction to prevent payment of the funds or obtain their return. (Full text of complaint.) In its press release and its Memorandum in Support of Its Motion the ACLU said that disclosure of the grants of $100,000 to Stonewall Baptist Church in Bossier City and $20,000 to Shreveport Christian Church came as a result of legislative reforms that require earmarks to be specifically listed. No restrictions are placed by the legislation on permissible use of the grants. The legislator who sponsored the earmarks did not respond to the ACLU's request for additional information about them.

San Diego Diocese Risks Dismissal of Its Bankruptcy Case After Misrepresentations

In the Chapter 11 bankruptcy proceedings of the Diocese of San Diego, a California federal district judge on Friday issued an order described by the San Diego Union-Tribune as "rare and blistering". In the order (full text), Judge Louise DeCarl Adler orders the parties to show cause why the bankruptcy proceedings should not be dismissed in light of a July 30 report by court-appointed expert R. Todd Neilson. The report concludes that (1) some parishes are hiding assets and not depositing cash with the Diocese, (2) the Diocese has failed to properly account for all its land and fully disclose its bank accounts, (3) the Diocese has reported its assets at assessed valuation instead of fair market value, and (4) the Diocese failed to disclose material facts about its cash management system. Meanwhile, a federal mediator is working this week with the Diocese and attorneys for abuse victims to attempt to reach a settlement in some 150 pending claims. The report was ordered in April after Judge Adler threatened the Diocese with contempt for misrepresentations and shifting of assets. (See prior posting.) [Thanks to Rachel Steamer for the lead.]

NJ Church Group Sues To Prevent Order To Open Its Facilities For Civil Unions

In New Jersey, the Ocean Grove Camp Meeting Association (OCGMA) filed suit last Saturday in federal court to prevent the New Jersey Division on Civil Rights from ordering it to open its Boardwalk Pavilion for use by a lesbian couple wishing to enter a civil union. The Pavilion, which is used for religious services and other activities, is also available for wedding ceremonies. OCGMA is affiliated with the United Methodist Church, whose doctrines specifically prohibit civil unions. Announcing the litigation, a release by the Alliance Defense Fund explains the state is investigating a complaint that contends the facility should be classified as a "public accommodation" subject to the state's anti-discrimination law. The lawsuit in Ocean Grove Camp Meeting Association of the United Methodist Church v. Vespa-Papaleo (full text of complaint) seeks a declaratory judgment and an injunction to insure that the New Jersey Law Against Discrimination is not applied in a way that prevents OCGMA from using its buildings only for purposes consistent with its religious beliefs. the complaint asserts that OCGMA's First Amendment rights have been violated by subjecting it to an investigation and threat of prosecution.

UPDATE: Today's New York Times reports on the lawsuit, saying that the Boardwalk Pavilion is viewed by many as a public facility because it is regularly used for rest or shade by members of the public. The Times also reports that OCGMA has stopped using the Pavilion for weddings in order to avoid the kinds conflicts that are presented in this lawsuit.

Justice Department Settles Religious Discrimination Suit Against Florida County

The U.S. Department of Justice yesterday announced that it had reached agreement with Palm Beach County, Florida in connection with a complaint that the county had refused to reasonably accommodate a park ranger's request that his work schedule permit him to attend church and refrain from work on Sundays. The agreement to reinstate the ranger, who resigned after accommodations were refused, will be incorporated into a consent decree in a Title VII religious discrimination lawsuit filed by the Justice Department in a Florida federal district court. The agreement also provides for back pay and retroactive pension contributions for the ranger, and for enforcement and training so that the county's existing religious accommodation policy is properly enforced.

Florida Defendant Will Dress As Satanist At His Murder Trial

In Florida, an accused murderer defending himself has been permitted by a Miami-Dade County judge to wear a Satanic outfit-- all black with a cap and special jewelry-- in court today as jury selection begins for his murder trial. Today's Miami Herald says that defendant Lazaro Galindo argues that the First Amendment gives him the right to wear the outfit that is related to his religion.

UPDATE: The Miami Herald reported that just before he began picking a jury on Monday, defendant Lazaro Galindo told the judge that he had found God and would not wear his Satanic garb in court.

Egypt To Stengthen Penalties Against Female Circumcision

MedIndia reports that Egyptian authorities plan to introduce legislation this fall to strengthen penalties against female circumcision after a 13-year old died while undergoing the procedure. The International Herald Tribune said that this is the second such death within the last two months. After the first death, Egypt's health minister banned all members of the medical professions from performing the procedure, currently punishable by up to 3 years in prison. Egyptian religious leaders have begun to speak out against the practice which many Egyptian Muslims and Christians think is religiously mandated.

Church Says Zoning Forcing Social Service Clients Into Church Violates RLUIPA

Yesterday's Washington Post reports that in Calvert County, Maryland-- generally seen as part of the Bible Belt-- the Chesapeake Church has filed an interesting RLUIPA claim against county officials. At issue is a food pantry and counseling center next to the church building. The county wants the church to close a driveway entrance from an adjacent highway to the social service areas. The church says this will essentially require it to integrate the counseling center and food pantry with the church-- forcing those who have different religious beliefs to go through the church itself to gain access to food or counseling. That will likely drive away social service clients with different religious beliefs. The church, however, has complicated its burden by refusing to file a site plan at all-- saying that the Planning Commission will likely not overrule the recommendation of its staff that the driveway be closed. Instead the Church sued in federal district court in Greenbelt, Maryland. The Church's website has an FAQ page regarding the lawsuit.

High Execution Rate In Texas Attributed To Conservative Christian Influence

A Reuters article yesterday focuses on the large number of executions carried out by the Texas penal system-- almost 400 so far this year. It attributes this emphasis on capital punishment in large part to "the influence of the state's conservative evangelical Christians." SMU political science Professor Matthew Wilson says: "A lot of evangelical Protestants not only believe that capital punishment is permissible but that it is demanded by God. And they see sanction for that in the Old Testament especially."

Indonesians Rally In Support of Caliphate

In Jakarta, Indonesia on Sunday, some 80,000 people attended a rally in support of re-establishing the Islamic Caliphate. Today's CNS News reports on the gathering, organized by the Sunni organization, Hizb ut-Tahrir (Party of Liberation). More mainstream Muslim leaders in Indonesia reject the call for recreating a single Islamic state. Government authorities at Indonesian airports denied entry to a British and and Australian supporter who were to speak at the rally.

Thailand's Queen Calms Protests Over New Constitution

Sirikit, Queen of Thailand, seems to have calmed the protests over the country's proposed new Constitution that does not recognize Buddhism as the country's official religion. NNN-TNA today reports that the queen, in an address marking her 75th birthday, said that Buddhism should be held in high esteem as a guiding light for all Thais, but that the religion should not be mixed with politics. Following this pronouncement, Gen. Thongchai Kua-sakul, chairman of the Buddhist Organisation of Thailand, said his organization would not organize additional protests even if next Sunday's national referendum approves the new constitution. (See prior related posting.)

Recent Articles and Book on Law and Religion

From SSRN:
Frederick M. Lawrence, Memory, Hate, and the Criminalization of Bias-Motivated Violence, (to appear in Breaking the Cycles of Hatred: Memory, Hate and the Criminalization of Bias-Motivated Violence, Martha Minow, ed., Princeton University Press, Forthcoming.)

Jody Lynee Madeira, The Execution as Sacrifice, (Aug. 2007).

From SmartCILP:
Kristi L. Bowman, An Empirical Study of Evolution, Creationism, and Intelligent Design Instruction in Public Schools, 36 Journal of Law & Education 301-380 (2007).

Robert A. Kahn, The Headscarf As Threat: A Comparison of German and U.S. Legal Discourses, 40 Vanderbilt Journal of Transnational Law 417-444 (2007).

Julie F. Mead, Preston C. Green & Joseph O. Oluwole, Re-Examining the Constitutionality of Prayer in School in Light of the Resignation of Justice O'Connor, 36 Journal of Law & Education 381-406 (2007).

Ronald L. Nelson, Social Instrumentalism in the Jacksonian Decade: State High Court Decisions Regarding Marriage and Religion, 1828-1837, 48 American Journal of Legal History 1-38 (2006).

Marah Carter Stith, Immigration Control: a Catholic Dilemma?, 84 University of Detroit Mercy Law Review 73-98 (2007).

Bradley S. Tupi, Religious Freedom and the First Amendment, 45 Duquesne Law Review 195-267 (2007).

Joseph Vining, Legal Commitments and Religious Commitments, (Reviewing Steven D. Smith, Law's Quandary), 44 San Diego Law Review 69-84 (2007).

Recent Book:
Ibrahim Warde, The Price of Fear: Al Qaeda and the Truth Behind the Financial War on Terror (IB Tauris, March 2007), reviewed by Pakistan Daily Times.

ECUSA and Virginia Diocese Enjoy Initial Win In Property Dispute

Episcopal News Service reports that yesterday in Fairfax, Virginia, a state Circuit Court judge gave a preliminary victory to the Episcopal Church and the Diocese of Virginia in their suits against eleven break-away congregations. (See prior postings 1, 2, 3.) The court rejected motions made by the individual congregations to prevent the court from considering the Episcopal Church’s Constitution and Canons in resolving the property dispute between the parties. Those documents provide that congregational property is held in trust for the diocese and the Church.

Also yesterday the parties reached an agreement that the litigation would proceed only against the congregations themselves, and not against individual clergy or vestry members. However those individuals agreed that they would be bound by any ruling regarding ownership of real or personal property that the court makes, and that they would implement an orderly transition if the congregations lose their bids to keep the properties. The Church and the Diocese reserved the right to bring the individuals back into the litigation in order to obtain an accounting of funds spent by the break-away churches. Finally, the court dismissed—apparently on procedural grounds -- a claim that the individual congregations had committed a trespass by holding onto the property.

Spanish Leader, Church, Spar Over Education Reforms

In Spain, Catholic bishops have attacked the public schools’ new "Education for Citizenship and Human Rights" curriculum. Kath.net says that the curriculum’s goal is to encourage students to reject "racist, xenophobic, sexist, and homophobic social prejudices." The bishops say that the program violates Sec. 27(3) of Spain’s Constitution that provides "The public authorities guarantee the right which will assist parents to have their children receive the religious and moral formation which is in keeping with their own convictions." However a leading socialist party figure who was one of the drafters of the constitution, Gregorio Peces-Barba Martínez, published an op-ed this week accusing the Bishops of "extreme arrogance" and threatening a "new status", presumably a less privileged one, for the Church in Spain if it does not stop attacking the Education for Citizenship program.

Egyptian Gets 3rd Lawyer In Suit For Recognition of Conversion

In Egypt, the case of Mohammed Ahmed Hegazy—suing to change his national identity card to reflect his conversion from Islam to Christianity-- has become more complicated. As previously reported, Hegazy’s first lawyer withdrew from the case. But now, according to Christian Today, his second lawyer, Dr. Adel Fawzy Faltas, president of the Middle East Christian Association in Egypt, is being held by Egyptian police after the lawyer held a high-profile online conversation with Hegazy. So now a third lawyer, Ramses Raouf el-Nagar, has stepped in as Hegazy’s counsel.

Another City Hall Will Display "In God We Trust"

In 2002, a Bakersfield, California councilwoman, Jacquie Sullivan, founded "In God We Trust America", an organization that encourages every city hall in America to display the national motto, "In God We Trust." Last Monday, Sonora, California became the 26th city in the country to agree to display the motto. Friday’s Modesto (CA) Bee reports that Sonora City Council voted unanimously to display the motto. Reactions to the vote were predictable. Supporter Jacquie Sullivan praised council, saying: "Patriotism is love of God and love of country. I feel this is one of the most important things going on in our country now. It's important to retain our national identity." On the other hand, Rev. Barry Lynn, executive director of Americans United for Separation of Church and State said: "Cities ought to fill potholes, pay police well and leave religion alone."

Malaysian Authorities Continue To Deal With Religious Issues

In Malaysia, religious issues continue to raise legal controversies. Selangor state Islamic authorities have freed a Muslim woman after she was held for four months for marrying a Hindu man. However, according to today’s Economic Times of India, the couple was ordered to live separately because their marriage is not legal under Islamic law.

Meanwhile, in the Malaysian state of Penang, a Syariah High Court has postponed for four months a ruling in a suit brought by Chinese-born Siti Fatimah who wants the state Islamic Affairs Council to declare that she is no longer a Muslim. She also wants the court to order that her national identity card be changed to indicate that she is Buddhist—her religion until her 1998 conversion to Islam. Today's Star reports the court said that Fatimah should get counseling from the Penang Islamic Affairs Department, and that the Department’s ukhwah unit should report back to the court.

Recent Prisoner Free Exercise Cases

In Shaheed Allah v. Jordan-Luster, 2007 U.S. Dist. LEXIS 56631 (CD IL, Aug. 3, 2007), an Illinois federal district court rejected an inmate's claim that his free exercise rights under RLUIPA were violated when authorities refused to supply him with a Halal diet. The court relied both on the difficulty of accommodating the request and the plaintiff's failure to present verification from a spiritual leader of his need for the accommodation.

In Berryman v. Granholm, 2007 U.S. Dist. LEXIS 56581 (ED MI, Aug. 3, 2007), a Michigan federal district court rejected claims by two inmates claim that their rights under RLUIPA were violated when he was temporarily removed from the kosher meal program because they had ordered non-kosher food items from the prison store.

In Al Ghashiyah v. Frank, 2007 U.S. Dist. LEXIS 57060 (WD WI, Aug. 1, 2007), a Wisconsin federal court permitted an inmate to proceed with claims that by prohibiting him from using his religious name on his grievances, authorities violated his rights under the 1st and 14th Amendments and RLUIPA.

Tremayne v. Crow, 2007 U.S. Dist. LEXIS 57121 (ED WA, Aug. 6, 2007), a Washington federal district court rejected a religious freedom challenge to an order confining an inmate to his cell for ten days. Prison authorities claimed the inmate was teaching others martial arts; the inmate claimed he was sharing his religious beliefs.

In Byrd v. L.C.S. Corrections Services, Inc., 2007 U.S. Dist. LEXIS 57286 (WD LA, April 27, 2007), a Louisiana federal Magistrate Judge recommended rejection of an inmate's claim that a prison's failure to provide a "faith-based honor dorm" violated the inmate's free exercise rights and denied him equal protection of the laws. In a July 23, 2007 opinion, the court accepted the magistrate's recommendations, 2007 U.S. Dist. LEXIS 53530.

In Dean v. Blum, 2007 U.S. Dist. LEXIS 57419 (D NE, Aug. 6, 2007), a Nebraska federal district court rejected free exercise of religion claims by a prisoner who practices and worships in the Ma'at faith. He was fired from his position at the prison's law library for refusing to work on a Monday night in conflict with a Ma'at religious service. UPDATE: The remaining claims were dismissed at 2007 U.S. Dist. LEXIS 80057 (D NE, Oct. 29, 2007).

Appeal Filed In Conviction of Catholic Priest For Killing Nun

Now that 4000 pages of a trial transcript have become available, attorneys in Toledo, Ohio have filed an appeal in last year's murder conviction of Catholic priest Gerald Robinson. (See prior posting.) Robinson was found guilty of the 1980 murder of a nun, Sister Margaret Ann Pahl, whose body was found in the sacristy next to a chapel at Toledo's Mercy Hospital. Today's Toledo Blade says that one ground for the appeal is the introduction of evidence at trial relating to Satanism that "invited the jury to speculate on the issue of guilt, and sensationalized the entire proceeding". Prosecutors say that Satanism was not a key part of the evidence against Robinson.

Bishop's Endorsement of Obama Criticized

New Hampshire Episcopal Bishop Gene Robinson, the Church's first openly gay bishop, last week endorsed Sen. Barack Obama for president according to today's Washington Blade. Reacting to the endorsement, Rev. C. Welton Gaddy, president of the Interfaith Alliance, said that Robinson was misusing religion for political gain. Gaddy said: "While endorsements like today's raise the possibility of legal action against religious leaders, our concerns are rooted more in the impact on the sanctity of religion and the integrity of government." Robinson, however, responded that his endorsement, announced in a teleconference, was made as a private citizen, not as a religious leader.

London Synagogue Named National Monument

Britain last Tuesday declared London's new West End Synagogue a national monument, according to Haaretz. English Heritage, the body making the decision, said that the new status is justified both because of the synagogue's architecture and its historical importance. The upgrading of the building from an historic site to a national monument means that the British government will be responsible for the building's maintenance, and that the congregation can request state funding for any needed renovations. In total, Britain has about 15,000 national monuments.