Ohio Supreme Court Asked To Rule On Religious Evidence In Support Proceeding

Spero News reports on a petition for writs of prohibition and mandamus filed with the Ohio Supreme Court of Sept. 12 by Marie Macfarlane, a family law activist who has conducted a campaign against no-fault divorce. The petition in Macfarlane v. Tanner (full text) challenges a ruling made by a Cuyahoga County magistrate in a child support proceeding brought against Macfarlane by her former husband who was awarded custody of their four children. Magistrate James Tanner refused to permit Macfarlane introduce evidence that she and her husband agreed to follow the teachings of the Catholic Church in their relation to each other, including the belief that women should not be required to work outside the home. Tanner’s ruling said: “This court is constitutionally forbidden from evaluating the religious convictions of either party…. For this court's decision to be motivated by a conviction that either party's religious belief is in the best interest of the children would implicate the First Amendment of the United States Constitution and the Religious Freedom Provision of the Ohio Constitution.”

Cert. Filed In Faith-Based "Teen Ranch" Case

SCOTUS blog reports that a petition for certiorari (full text) has been filed with the U.S. Supreme Court in Teen Ranch v. Udow, (cert. filed 9/13/2007). In the case, the U.S.6th Circuit Court of Appeals upheld Michigan's decision to cut off placement of abused, neglected and delinquent children with Teen Ranch, finding its program coerces religious participation by the youths by failing to give them a true private choice to opt out of religious activities.

Hebrew Curriculum Finally OK'd For Florida Charter School

Hollywood, Florida’s Broward School Board finally approved the Hebrew language curriculum of the Ben Gamla charter school, according to the Sept. 12 Miami Herald. Church-state issues have dogged the school’s attempt to become the first Hebrew-English dual language charter school in the nation. (See prior posting.) After raising questions about the school’s curriculum, the Board hired a consultant, religious studies professor Nathan Katz. Now Katz has reported back that “this new proposed curriculum is thoroughly within the acceptable boundaries for public education and in no way constitutes advocating or promoting religion.”

Presidential Greetings On Beginning of Ramadan

The Muslim holy month of Ramadan began Sept. 12. On that day, the White House released a Presidential Statement sending greetings to Muslims in the U.S. and around the world who are observing the month of fasting and prayer. The statement said in part: “America is a land of many faiths, and our society is enriched by our Muslim citizens. May the holy days of Ramadan remind us all to seek a culture of compassion and serve others in charity.”

Ohio Inspector General Reports On Governor's Faith-Based Office

In March, Ohio's new Democratic Governor Ted Strickland asked the state's Inspector General to investigate the administration of the Governor's Office of Faith Based and Community Initiatives (GOFBCI), and particularly its contract with We Care America (WCA) to administer grants. (See prior posting.) The Inspector General's Report was released on Sept. 12. It found no evidence that the selection of WCA was the result of any political pressure or improper influence. However it did conclude that GOFBCI should have done a better job of monitoring WCA's activities and of reviewing the invoices WCA submitted. An audit disclosed overcharges and improperly documented costs. Melissa Rogers blog has covered this story closely and has more on the release of the report.

India's Archeological Agency Creates Religious Stir In Supreme Court Affidavit

An affidavit filed last Wednesday by the Archaeological Survey of India (ASI) in a case pending before India’s Supreme Court has stirred up a religious controversy, according to reports by the Canadian Press, Reuters and the Times of India. At issue is a challenge to the government’s plans to dredge a shipping canal between India and Sri Lanka in order to reduce sailing time between India’s coasts by 30 hours. However, the channel goes through limestone shoals known as Adam’s Bridge or Ram’s Bridge that Hindus believe were built by the God King Rama.

Defending the project in the court challenge against it, ASI’s affidavit said that the shoals were the result of "several millennia of wave action and sedimentation" and "the issue cannot be viewed solely relying on the contents of mythological text." It added that there is no historical evidence to prove the "existence of the characters or occurrence of events" in Ramayana (the epic tale of Rama). Quickly, a leader of the Hindu BJP party charged that the language in the affidavit was "an insult to millions of Hindus all over the world."

By Saturday the government had agreed to withdraw the controversial parts of the ASI affidavit. Culture Minister Ambika Soni suspended two officials over the matter and offered her own resignation. Meanwhile BJP leader L.K. Advani said the affidavit amounts to blasphemy that is punishable under Sec. 295 of the Indian Penal Code as a defilement that insults the Hindu religion.

"Equal Access" For High School Groups Under Federal Law Interpreted

In ALIVE v. Farmington Public Schools, 2007 U.S. Dist. LEXIS 65326 (ED MI, Sept. 5, 2007), a Michigan federal district judge granted a permanent injunction to a Christian student group in a case that interprets what is meant by “equal access” under the federal Equal Access Act and under Michigan's similar law. The court found that ALIVE is entitled to all the privileges granted by Farmington High School to any other student group, including meeting under the same terms and conditions as other noncurriculum-related groups; advertising its meetings over the public address system, internal TV network and on bulletin boards; listings on the school’s website and in its yearbook; and use of photocopying machines. LifeSiteNews reported on the case on Sept. 12.

Survey Shows Some Surprising Views on Religion and the Constitution

A survey released today by the First Amendment Center shows some surprising views held by Americans on First Amendment religious issues. (Press release; full survey results). 65% either mildly agree or strongly agree that the nation's Founders intended the United States to be a Christian nation. 55% mildly agree or strongly agree that the Constitution establishes a Christian nation. Only 56% 56% believe that the freedom to worship as one chooses extends to all religious groups, regardless of how extreme. 50% mildly or strongly agree that a public school teacher should be able to use the Bible as a factual text in a history or social studies class. Only 56% believe that freedom of worship applies to all religious groups, regardless of how extreme their beliefs are, while 28% say freedom of worship was never meant to apply to religious groups that a majority of the people consider extreme or on the fringe.

Presidential Greetings On Rosh Hashanah That Begins Tonight

Tonight begins the Jewish holiday of Rosh Hashanah. Last week, the White House issued a Presidential Message sending greetings form the President and Mrs. Bush to those around the world celebrating the holiday. It said in part: "The enduring traditions of Rosh Hashanah remind us of the deep values of faith and family that strengthen our Nation and help guide us each day."

6th Circuit Rejects Challenge To Admission Of Religious Journal Entries Into Evidence

In Varner v. Stovall, (6th Cir., Sept. 11, 2007), the U.S. 6th Circuit Court of Appeals rejected the Establishment Clause and Free Exercise claims raised by Janniss Varner who had been convicted of assault with intent to commit murder after she hired someone to shoot her abusive boyfriend. Varner objected to the trial court's decision to admit into evidence her journal entries that included prayers and acknowledgements that she had tried to kill her boyfriend.

The court rejected Varner's argument that Michigan's clergy-penitent privilege law "improperly favors religions that encourage their members to seek guidance through intermediaries, such as a pastor or priest, over faiths that have no such tradition." It also held that the limitation of the privilege to communications addressed to a spiritual counselor did not restrict Varner's ability to practice her religion. The court held that "Michigan's privilege rules do not discriminate between denominations but distinguish between the methods of communication that the individual--any individual of any faith or no faith--chooses to pursue."

Belfast High Court Upholds Equality Law, But Not Harassment Provisions

In Application for Judicial Review by the Christian Institute, et. al., (No. Ireland High Ct, Sept. 11, 2007), Belfast's High Court has rejected a broad challenge to Northern Ireland's Equality Act (Sexual Orientation) Regulations, but did strike down the harassment provisions because of an absence of proper consultation before they were adopted. The court held that claims of interference with the right to manifest religious belief must be made in the context of particular applications of the rules, so that a court can balance justification for them with the interference involved. Finally the court rejected the argument that that the regulations treat evangelical Christians less favorably than others because they are subject to civil liability for expressing their religious beliefs about homosexuality. Reporting on the decision today, the London Telegraph says the decision will have widespread importance because the government has begun consultations on whether to include harassment prohibitions in the proposed Single Equality Bill that would apply to the rest of Britain.

Indian Judge Issues Opinion Questioning Country's Secular Principles

In India, controversial Allahabad High Court Justice S.N. Srivastava has provoked widespread criticism by including a sentence in a recent decision declaring: "it is the duty of every citizen of India under Article 51-a of the Constitution of India, irrespective of caste, creed or religion, to follow dharma [the right way of living] as propounded by the [Bhagvad] Gita." The judge's statement came in the context of a case in which a Varanasi priest challenged the sale of temple property by his brother. A broad spectrum of experts say that the statement is inconsistent with India's constitutional secularism. The controversial decision was handed down just days before the justice who authored it retired. Calcutta's Telegraph reported on the decision yesterday.

Canadian Court Delays Deportation So Man Can Complete Conversion

Canada's Federal Court last week issued a decision delaying implementation of a removal order against a Brazilian immigrant to Canada so that the deportee can complete his conversion from Christianity to Judaism while he is still in Canada. In Cichaczewski v. Minister of Citizenship & Immigration, (Fed. Ct., Sept. 4, 2007), the court cited Article 18 of the International Covenant on Civil and Political Rights that provides: "No one shall be subject to coercion which would impair his freedom to have or to adopt a religion or belief of his choice." Today's National Post reports on the decision.

Chechen Leader Requires Women Civil Servants To Wear Islamic Headscarf

According to Reuters yesterday, Ramzan Kadyrov, president of Russia's Chechnya region, has decreed that women working for state institutions must wear the Muslim headscarf in order to retain their jobs. The order by the conservative Muslim leader appears to be contrary to Russian law that calls for separation of church and state, and equality of the sexes.

Settlement Reached By Episcopal Diocese and Syracuse Breakaway Congregation

On Aug. 28, a New York trial court approved a settlement in a lawsuit brought by the Episcopal Diocese of Central New York against the breakaway St. Andrews Episcopal Church in Syracuse. (See prior posting.) Under the settlement reported yesterday by Episcopal News Service, the diocese will be given title to the church property, but members of the breakaway church can use it rent-free for up to one year. More specifically:

The diocese will lease the building to the breakaway members at no charge for six months. The lease can be extended at their request on a month-to-month basis, for a maximum of six months if the court finds that the members have complied with all terms and conditions of the settlement, including making good-faith efforts to relocate. The breakaway members have to maintain the property and insure it, and they cannot remove any Episcopal symbols or signs.

At the end of the lease, the breakaway congregation will vacate the building and the former rector, Robert Hackendorf, will leave the rectory.

The members were also ordered to account for the parish's financial assets, which can later be transferred to any new church formed after the dissolution of St. Andrew's. The settlement says those assets amount to less than $50,000.

During the time that the building is being used by the members that changed their affiliation from ECUSA to the more conservative Anglican Mission in America, no Anglican bishop can visit or officiate there.

Intelligent Design Activist Loses California Challenge

In Caldwell v. Roseville Joint Union High School District, 2007 U.S. Dist. LEXIS 66318 (ED CA, Sept. 7, 2007), a California federal district court dismissed claims by intelligent design activist Larry Caldwell that he was unconstitutionally denied access to various forums to promote his "Quality Science Education" proposals. Caldwell alleged free speech, establishment clause, due process and equal protection violations because his proposals were not placed on the School Board's agenda, his complaints about the school district's biology textbook were rejected, and his proposals were not placed on the agenda of of the Curriculum Instruction Team in his daughter's and son's high school. In granting summary judgment to the school district, the court emphasized that "this case is not about whether a theory of intelligent design can or should be included in the science curriculum.... Rather, this case is about whether Larry Caldwell was denied access to speak in various fora or participate in certain processes because of his actual or perceived religious beliefs."

Bar Exam Taker Wants His Free Exercise Suit Dismissed

Law school graduate Stephen Dunn who challenged the February Massachusetts bar exam in federal court on Free Exercise grounds has now filed a motion asking the court to dismiss his lawsuit. (Full text of motion to dismiss.) Bay Windows reported yesterday on dthe most recent evelopments. Dunn's lawsuit (see prior posting) claimed that by asking him to answer an essay question on gay marriage, the bar examiners were calling on him to promote views that violate his religious beliefs. Dunn's motion to dismiss says that by excluding questions on gay marriage on the most recent bar exam, bar examiners have assured that future exam takers will not be forced to promote a "liberal ideology". However the state, in its response said:

Defendants wish to make clear that they have not agreed to limit the content of any future examination questions.… That Defendants elected not to ask the same questions ... merely reflects their standard practice of not repeating questions on successive bar examinations. Defendants maintain that the question to which Plaintiff objects was a legitimate question regarding the current state of law in the Commonwealth. The Board of Bar Examiners maintains its right to test bar applicants on that same subject matter in future examinations.

En Banc 9th Circuit Finds Juror's Bible Notes Did Not Impact Death Penalty Decision

In an en banc decision in Fields v. Brown, (9th Cir., Sept. 10, 2007), yesterday the U.S. 9th Circuit Court of Appeals in a 9-6 decision agreed with a 2005 decision of a 3-judge panel upholding the death sentence of Stevie Lamar Fields, who has been on death row since 1979. The majority held that the jury foreman's notes setting out Biblical arguments for and against the death penalty had no substantial effect on the jury's decision, so the court need not decide if the bringing of this extraneous material into the jury room amounted to juror misconduct. Two dissenting opinions were filed, each on behalf of three judges. Both strongly challenged the majority's statement that the Biblical quotations were merely "notions of general currency that
inform the moral judgment that capital-case jurors are called upon to make." The 99 pages of opinions involve other challenges to Fields sentence as well-- all of which were rejected. Today's Los Angeles Times reports on the decision.

American Legion Blasts 9th Circuit's Mojave Cross Decision

American Legion National Commander Marty Conatser has issued a strong statement criticizing the U.S. 9th Circuit Court of Appeals' recent decision in Buono v. Kempthorne. The 9th Circuit concluded that Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW did not eliminate an Establishment Clause violation. According to the Legion's press release, Conaster said:

This is one more prime example of wrong-headed political correctness and one more critical reason why the current Congress must pass the Public Expression of Religion Act.... Today it’s a memorial. Tomorrow, these same judges can order the removal of crosses on veterans gravestones, the dismissal of military chaplains and the closure of base chapels.

Roman Catholic Foundation Files New Suit Against Univeristy of Wisconsin

Last May, a lawsuit brought against the University of Wisconsin (UW) by the Roman Catholic Foundation (RCF) was settled. In the settlement, UW agreed to recognize RCF and recommend funding for it, while RCF agreed it would not seek University funding for events requiring the direct control of ordained clergy. (See prior posting.) Yesterday, RCF filed a new lawsuit against the University. (ADF press release.) The complaint (full text) in Roman Catholic Foundation, U-W Madison, Inc. v. Planton, (WD WI, filed 9/10/2007) alleges that the University has:

refused to fund any religious expression of RCF because Defendants believed that doing so gave state funds to "the Church." ... Defendant ... told RCF that the [settlement] Agreement was inapplicable.... UW-Madison officials ... stated that they will not fund any of RCF’s religious expression that involves "worship," "prayer," and/or "proselytizing...." Essentially, Defendants assumed a line-item veto power—in direct contradiction of the Agreement—over RCF’s previously approved budgets. Defendants have not applied this same level of scrutiny to other student organizations at UW-Madison.

By treating RCF differently than other similarly situated student organizations, and announcing that RCF cannot receive segregated fee funding for religiously expressive activities, Defendants have repudiated the Agreement, [and] violated RCF’s constitutional rights for a second time in a year....

Yesterday's Rhinelander Daily News reports additional details of the lawsuit.

Focus on Family Cleared By IRS of Political Endorsement Charges

The AP reported yesterday that James Dobson has been cleared of charges that he used resources of Focus on the Family to endorse Republican political candidates in 2004. Citizens for Responsibility and Ethics in Washington and the Citizens Project complained that Dobson's actions were inconsistent with Focus on the Family's non-profit tax status. The IRS, however, apparently agreed that Dobson was not speaking for the non-profit pro-family Christian group in making his endorsements.

China Appoints Bishop Supported By Vatcan

The government of China appears to have taken a step toward improving relations with the Vatican. BBC News reports that China's state-controlled Catholic Church ordained Paul Xiao Zeijiang as assistant bishop in Guizhou province on Sunday. The first ordination since a June letter from Pope Benedict XVI calling for closer relations, this appointee reportedly had approval from both the Vatican and supporters of the Pope in China. In the past, unilateral appointments by China led to the excommunication of two bishop seen by the Vatican as illegally appointed.

Canadian Politicians Criticize Deference To Muslim Women In Vote ID Rules

Canada's Prime Minister Stephen Harper and other Canadian politicians are criticizing the decision by Marc Mayrand, head of Elections Canada, to permit Muslim women to be identified at the polls in upcoming Quebec elections without removing their full-face veil. (See prior posting.) Maynard said the women would be asked to voluntarily remove their face covering, but they cannot be required to do so under current law. They have the alternative of taking an oath and being identified by someone else. Parliament members critical of Maynard say they will press for an amendment to require voters to show their face for identification purposes. Some Canadian Muslim groups say the controversy has been blown out of proportion and that the small number of women who wear the niqab are used to removing it for identification purposes. These developments were reported yesterday by Jurist and by the Prince George Citizen.

More On Prison Chapel Library Book Limitations

A New York Times article today offers new details about the federal Bureau of Prisons restrictions on titles that are permitted in prison chapel libraries. The limitations are the subject of a pending lawsuit. (See prior posting.) The Times discloses that the titles selected by the Bureau of Prisons for inclusion are apparently far from balanced. 80 of the 120 permitted Jewish titles are from the same Orthodox publishing house. Wheaton College Professor Timothy Larsen says that the Christian materials "show a bias toward evangelical popularism and Calvinism" and do not include materials from early church fathers, liberal theologians and major Protestant denominations.

Indian Governor Vetoes Anti-Conversion Bill

The Governor of the Indian state of Chhattisgarh has refused to consent to an anti-conversion bill passed last year by the state assembly. IANS reports today that the Chhattisgarh Religious Freedom (Amendment) Act, 2006, would have required individuals to obtain approval from a district magistrate 30 days in advance of converting to another religion. The BJP that supported the bill argued that Christian missionaries were bribing poor tribals and low caste Hindus into changing their faith.

San Diego Diocese Reaches Settlement With Abuse Victims

On Friday, a settlement was reached in the sexual abuse claims of 144 people against the Catholic Diocese of San Diego. The San Diego Union-Tribune yesterday reported that the settlement will total $198.1 million. It also includes an agreement on release of documents regarding abusive priests and employees, and records of how the Church dealt with them. The agreement was mediated by a federal magistrate. The Diocese is in contentious bankruptcy reorganization proceedings. (See prior posting.)

Court Modifies Judgment Against Postal Service Prohibiting Proselytizing

A Connecticut federal district court has granted a motion by the U.S. Postal Service to amend a declaratory judgment and injunction issued in April prohibiting contract postal units from posting displays that involve religious proselytizing. (See prior posting.) In Cooper v. United States Postal Service, 2007 U.S. Dist. LEXIS 65507 (D CT, Aug. 28, 2007), the court limited its ruling to the contract postal unit operated by Sincerely Yours, Inc. (SYI), eliminating broader language applying to all other contract postal units as well. It also modified its injunction to more specifically indicate the proselytizing activities of SYI that are to be prohibited.

Recent Articles Of Interest

From SSRN:

• Bernadette A. Meyler, The Limits of Group Rights: Religious Institutions and Religious Minorities in International Law, (Sept. 2007).

From Bepress:

• Asher Maoz, Religiously Oriented Universities in Israel, (Sept. 2007).


• Asher Maoz, Religious Freedom As A Basic Human Right – The Jewish Perspective, (Sept. 2007).


• Eduardo M. Peñalver, Is Public Reason Counterproductive?, (April 2007).

From SmartCILP:

• Haider Ala Hamoudi, Muhammad's Social Justice or Muslim Cant?: Langdellianism and the Failures of Islamic Finance, 40 Cornell International Law Journal 89-133 (2007).


• Paul J. Heald, Meeting of the Minds, part II: A Dark and Angry God Arises, 41 Georgia Law Review 849-865 (2007).

Maryland Town May Enact New Zoning Law In Response To Ahmadi Group

In Walkersville, Maryland, the town commission is considering a new zoning ordinance in response to a proposal by a group of Ahmadiyya Muslims to acquire 224 acres of farmland to use for the group's 3-day annual convention that would attract up to 10,000 people. The property would also be used for prayers and meetings by local members on weekends and occasionally for other activities. Chris Weddle, sponsor of the zoning amendment, said it is part of a larger plan to preserve agricultural and open space. If enacted, it would require town council approval to rezone the farmland. Yesterday's Boston Globe says that the Ahmadis have launched a public relations campaign to calm local fears about their plans. [corrected]

Church of England Raises Objections to Proposed Equality Bill

In Britain last week, the Church of England filed formal comments opposing a proposed Single Equality Bill that would harmonize and simplify a number of existing anti-discrimination laws. (See prior posting.) In its submission during the government's consultation on the bill, the Archbishops' Council complained that the Church could be forced to marry people who have undergone gender reassignment, and that faith schools might be required to "promote" same-sex relationships. PinkNews.uk reports on these developments.

Another Study Ordered On Prosecution of FLDS In Canada

Despite a recommendation last August by independent prosecutor Richard Peck that Canadian prosecutors not file charges against the polygamous FLDS community in Bountiful, BC, another review has been ordered by British Columbia's Attorney General. This time lawyer Leonard Doust will examine whether there is sufficient evidence to prosecute for sexual exploitation offenses. Peck had recommended against such prosecutions and suggested instead that the BC government ask the courts to rule on advance on the constitutionality of Canada's ban on polygamy. BC Attorney General Wally Oppal wants Doust to take a more aggressive approach to possible prosecution, according to Saturday's Vancouver Sun.

2nd Religious Freedom Moot Court Competition Announced

George Washington Univeristy Law School has announced that its Second Annual Religious Freedom Moot Court Competition will be held Feb. 22-23, 2008. Registration deadline for law school teams is Oct. 12, 2007.

Federal Court Approves Jesus Portrait In Larger Display In Slidell Courthouse

The New Orleans Times-Picayune reports that a Louisiana federal district court on Friday refused to order a picture of Jesus removed from the lobby of the Slidell (LA) City Court now that the pictures of 15 other people who were important in the development of legal history have been added.. A copy of the U.S. Constitution has also been hung in the center of the display. (See prior posting.) U.S. District Judge Ivan Lemelle said he would have ordered the picture removed if it the additional portraits had not been added. A challenge to the portrait of Jesus which has been in the courthouse for many years was filed by the ACLU. Apparently the former judge who purchased the portrait did not realize that it had religious significance, despite the halo around the head of the portrait's subject. Retired Judge James R. Strain Jr. said he thought it was merely a picture of a lawgiver.

Town Passes Permit Law In Reaction To Street Preachers

Last Tuesday, Walnut Cove, North Carolina’s town council enacted a new ordinance requiring a permit for parades and public assemblies on town streets, sidewalks or public property. (Text of ordinance as proposed). Today’s Winston-Salem Journal reports that the ordinance is a response to members of the Baux Mountain Baptist Church who have been preaching on city streets every Saturday for over four months. Reporting on the proposal last month, CBN News said Council is concerned about traffic, church members taking up parking spaces and the blocking business entrances. Church members say the new rules, which are scheduled to take effect in October, are unconstitutional.

No Immunity For Parole Officer Sending Offender To Religious 12-Step Program

In Inouye v. Kemna, (9th Cir., Sept. 7, 2007), the U.S. 9th Circuit Court of Appeals reversed the decision of a Hawaii federal district court and denied qualified immunity to a parole officer being sued for Establishment Clause violations. The Court of Appeals held that by 2001 it was clearly established that coerced placement of a convicted defendant in a religious-based drug or alcohol treatment program was unconstitutional. Today’s San Francisco Chronicle reported on the case that was brougth by a Buddhist who was required to attend the Salvation Army's treatment program, including Narcotics Anonymous. [Thanks to Robert H. Thomas for the lead.]

Catholic Retirement Community Entitled To Colorado Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo, (CO Ct. App., Sept. 6, 2007), a Colorado appellate court held that a continuing care retirement community operated by a Catholic religious organization qualifies for the sales and use tax exemption that is granted to charitable and religious organizations. Disagreeing with the trial court, the Court of Appeals concluded that the operation of the retirement community is a religious activity. While agreeing that an exemption is available, the Court disagreed with the argument made by Catholic Health that government officials cannot constitutionally examine the activities of a religious organization to determine which of its activities are or are not religious. The Court held that “a certain amount of inquiry into a religious organization’s activities is appropriate”. The organization’s motivation in conducting a particular activity is relevant, but other factors must also be examined.

Interim Rulings In Russian Orthodox Church Dispute In New Jersey

A New Jersey trial court judge made several rulings Thursday in a dispute between a Russian Orthodox diocese in New Jersey and the Sviato-Pokrovskiy Russian Orthodox Church in Buena Vista (NJ). Members of the parish oppose the reconciliation that has taken place between the Russian Orthodox Church Outside Russia and the Moscow Patriarchate in Russia. (See prior posting.) On Friday, Newsday reported that Superior Court Judge William C. Todd prohibited the parish from selling off its church building or land without permission of the diocese. However, Judge Todd refused to rule that parish members had no interest in the property. He also refused to require that the property be used only in accordance with the canons, rules and customs of the Orthodox Church Outside Russia. All of this leaves the ultimate dispute undecided,

Alaska Supreme Court Allows Churches To Intervene In Tax Challenge

In Anchorage Baptist Temple v. Coonrod, (AK Sup. Ct., Aug. 31, 2007), the Alaska Supreme Court permitted three churches to intervene in a citizens’ lawsuit that challenged the constitutionality of a state property tax exemption. The challenged law exempts teachers' residences owned by religious organizations. The lower courts had permitted the churches only to appear as amicus curiae. The Supreme Court reversed finding that the “churches have significant financial and potentially unrepresented constitutional interests in the litigation” and because there is at least an appearance of adversity between them and the state

Quebec Will Not Require Muslim Women Voters To Uncover Their Face

Jurist reported yesterday that in the upcoming elections in Quebec, Muslim women who have their faces covered with a niqab or burqa will still be able to vote so long as they can prove their identity. This is a change in policy after Muslim groups criticized election officials last March for requiring women to show their faces in order to vote.

9th Circuit: Transfer of Cross To VFW Did Not Cure Establishment Clause Violation

Congress' attempt to avoid Establishment Clause problems by transferring the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW has failed. In Buono v. Kempthorne, (9th Cir., Sept. 6, 2007), the U.S. 9th Circuit Court of Appeals first rejected the government's contention that the case was not ripe. Moving to the merits, the court focused on the government's ongoing oversight and maintenance of the property, the government's reversionary interest in the property, the unusual method of authorizing the land exchange with the VFW and the government's continuing efforts to keep the cross on the property. The court concluded that the land transfer would violate the district court's earlier injunction against display of the cross on government property. It concluded: "carving out a tiny parcel of property in the midst of this vast Preserve—like a donut hole with the cross atop it—will do nothing to minimize the impermissible governmental endorsement." Reuters yesterday reported on the decision. (See prior related posting.) [Thanks to Inverse Condemnation blog for the lead.]

Huckabee Explains Views On Church-State Issues

Yesterday's New York Jewish Week published an article detailing Republican presidential hopeful Mike Huckabee's views on church-state issues. The candidate-- a Baptist minister and former Arkansas governor-- generally opposes school voucher programs. As a strong supporter of public schools, he says that vouchers are often small so that they only empower affluent parents. However, he said, even if full tuition voucher were offered,: "Most of the people I know who have run religious schools do not want government vouchers for their religious schools, because they know that with government money comes control. The very reason they established their schools is to have an independence from that government control."

The paper also questioned Huckabee on a prior statement he made calling for taking the nation back for Christ. Responding to concerns Jews might have with the concept, Huckabee explained: "If you understand what that means, it means that if that were to happen, this is the Jesus who said 'love your neighbor as you love yourself.' What it means is that you wouldn't have children going hungry at night; you wouldn't have women having the daylights beat out of them by abusive, alcoholic husbands..... It doesn't mean everybody would go to the same church as I do and pay their tithe; it does mean there would be a civility, a stand against corruption."

Conservative Catholic Order Sues Website Over Posted Documents

In Alexandria, Virginia, the Legion of Christ has brought suit against former priest John Lennon to prevent him from disseminating letters and documents about the Legion through a website known as ReGain. The complaint in Legion of Christ, Inc. v. Regain, Inc. (full text) was filed in Alexandria's Circuit Court on Aug. 2. According to yesterday's Washington Post, the Legion-- a conservative Roman Catholic movement of 750 priests and 2500 seminarians with 70,000 supporters around the world-- accuses Lennon of posting letters and documents that were intended only for the group's internal use. Some of the documents set out the Legion's strict rules of conduct.

The court has ordered Lennon-- a former member of the Legion-- to return to the Legion any of its documents, computer disks and CDs. Lennon says he is exposing the dangerous and secretive group that is built around the "charism" of 87-year old Rev. Marcial Maciel Degollado who has been disciplined by the Vatican after its long investigation into charges against him of sexual abuse. The lawsuit is also seeking to discover the names of the individuals who write for ReGain and on a related discussion board. The corporation that owns Regain is also named as a defendant.

Obama Appearance Before UCC Generates IRS Complaint

The American Spectator reports that a June appearance by Democratic presidential hopeful Barak Obama before the United Church of Christ General Synod has led to the filing of a complaint with the IRS, asking it to investigate the UCC for possible violations of restrictions on political involvement by Section 501(c)(3) non-profit organizations. (See prior related posting.)

Europe Expresses Concern About Islamization

Press reports today from various parts of Europe reflect the continent's growing concern with its increasingly large Muslim population. Brussels Mayor Freddy Thielemans has banned a planned demonstration against the Islamization of Europe that had been scheduled for Tuesday to coincide with the sixth anniversary of the 9-11 attacks. CNS News reports that organizers from Denmark and Britain plan to go ahead with the demonstration anyway, while German organizers backed off when neo-Nazi groups threatened to appear.

Meanwhile, the McClatchy Newspapers report that Germany is considering a proposal to permit online surveillance on all German converts to Islam in the wake of recent arrests of individuals who were said to be planning a "massive" attack on American installations. Guenther Beckstein, the interior minister in the German state of Bavaria who has proposed the new law, says: "Germans converting to Islam should be watched because they tend to show particular fanaticism in order to prove worthy of their new religion."

Finally, in the Dutch Parliament, the Party for Freedom (PVV) submitted a no-confidence motion against Minister of Housing, Living and Integration Ella Vogelaar who welcomes the growth of Islamic culture in the Netherlands. Expatica reports that none of the major political parties supported the motion. The liberal VVD Party however has called for the closing of radical mosques and the eventual ban on imams trained outside of Europe.

9th Circuit OK's Death Penalty Despite Navajo Religious Opposition To It

In United States v. Mitchell, (9th Cir., Sept. 5, 207), the U.S. 9th Circuit Court of Appeals rejected a claim that the Federal Death Penalty Act violates the First Amendment and the American Indian Religious Freedom Act. The court held that despite the Navajo tribe's religious objections to capital punishment, the FDPA can be applied to a member of the tribe since the statute is a neutral law of general applicability. The court also rejected the claim by defendant Lezmond Mitchell that the Religious Freedom Restoration Act was violated by exclusion from his jury of individuals whose traditional Navajo views on the death penalty would substantially impair the performance of their duties. The case involved the appeal of a death sentence imposed for the brutal killing of two other members of the Navajo tribe in a carjacking that took placeon the Najavo reservation.

Law, Religion & Ethics Center Renamed For Donor

A $5 million gift to Pepperdine University Law School by Herbert & Elinor Nootbaar has been commemorated by adding the Nootbaars' names to the school's Institute on Law, Religion & Ethics. According to yesterday's Graphic, the official naming ceremony for the Herbert and Elinor Nootbaar Institute of Law, Religion, and Ethics will take place on Nov. 8.

President Proclaims Sept. 7-9 As National Days of Prayer and Remembrance

President Bush has issued a Proclamation declaring this week end, Sept. 7 through 9, as National Days of Prayer and Remembrance to honor those who died in the 9-11 attacks six years ago. The Proclamation requests "that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils." It also invites "the people of the world to share in these Days of Prayer and Remembrance".

Groups Ask FBI To Investigate Official's Appearance in Christian Fundraising Video

Veterans for Common Sense and the Military Religious Freedom Foundation have asked the FBI to investigate head of the Veterans Benefits Administration, Daniel L. Cooper. The groups allege that Cooper violated the Establishment Clause as well as ethics rules by appearing in a fund-raising video for the evangelical group Christian Embassy. In the video, Cooper says that Bible study is more important than doing his job. IPS reported yesterday that the groups went to the FBI after the Department of Veterans Affairs Inspector General cleared Cooper of any wrongdoing.

Christian Right Leader Rev. D. James Kennedy Dies

An important figure in the religious right, Rev. D. James Kennedy, died yesterday at the age of 76. Among those recounting his contributions are USA Today and ABP News. Broadcaster and leader of the 10,000-member Coral Ridge Presbyterian Church in Ft. Lauderdale (FL), Kennedy was an early board member of the Moral Majority. He created the Center for Christian Statesmanship that organized Capitol Hill Bible studies, and organized the Center for Reclaiming America for Christ to promote Christian values in "the modern-day culture war." He was a strong supporter of former Alabama Supreme Court Chief Justice Roy Moore who fought a high-profile battle to place a 10-Commandments monument in the Alabama Supreme Court building. Kennedy also was one of the co-founders of the Alliance Defense Fund. (ADF release).

Nepal Airlines Uses Goat Sacrifices After Plane Has Mechanical Problems

In Kathmandu, Nepal, officials of the state-run Nepal Airlines have sacrificed two goats to appease the Hindu sky god Akash Bhairab after electrical problems grounded one of its two Boeing 757's. Reuters reported yesterday that the plane is now back in operation. [Thanks to Matthew Caplin for the lead.]

Rastafarian's Marijuana Suit dismissed On Jurisdictional Grounds

In Brown v. United States, 2007 U.S. Dist. LEXIS 65015 (MD FL, Sept. 4, 2007), a Florida federal district court dismissed declaratory judgment action brought by a practicing Rastafarian who uses marijuana as a holy sacrament. Plaintiff asked to court to rule that Florida's exclusion of violations of its Drug Abuse and Prevention Law from the state's Religious Freedom Restoration Act amounts to favoritism of some religions over others. The court dismissed the case under the Rooker-Feldman doctrine, finding that plaintiff had lost virtually identical claims in Florida state courts. The court also found no case or controversy existed since "Plaintiff is simply seeking a declaration ... as to what legal analysis the Florida courts should use in the off-chance he is arrested for growing, using, and/or distributing marijuana..."

Israel Proposes New Rules On Citizenship For Recent Converts From Abroad

Israel's Interior Ministry on Monday circulated for comment to interested parties a draft of proposed new rules that would make it more difficult for those converting to Judaism outside of Israel to qualify for citizenship under the country's Law of Return. The Jerusalem Post reports that the proposed rules would apply to Orthodox as well as Conservative and Reform conversions abroad, and are aimed at preventing conversions motivated soley by a desire to gain Israeli citizenship. New rules would require significant ties to the Jewish community abroad where the conversion took place, including at least nine months of participation after conversion. Converts could also be rejected if, for example, they are attempting to join relatives in Israel or had stayed illegally for 6 months or more in the country. In 2005, Israel's High Court of Justice struck down Interior Ministry regulations that required converts to live in their home community abroad for at least a year before emigrating. The Court said that the Ministry had no authority to define religious conversions.

California Church Denied Preliminary Injunction In RLUIPA Case

On Wednesday, a federal district court judge in San Francisco denied San Leandro's (CA) Faith Fellowship Church a preliminary injunction in its land use dispute with the city, according to the Daily Review. The megachurch filed a lawsuit under RLUIPA after it was denied a zoning change that would have allowed it to occupy an industrial building it had purchased. The judge said that requiring the church to remain in its present location temporarily did not create immediate harm. Meanwhile Judge Phyllis J. Hamilton said the church should complete its most recent application for a conditional use permit before she would rule in the case.

Canada Not Amending Terrorism Law That Poses Religious Freedom Issues

Despite a 2006 decision by the Ontario Superior Court of Justice finding that a key provision in Canada's anti-terrorism law has a chilling effect on freedom of religion, belief, expression and association, the Canadian government has no current plans to amend the law. Yesterday's National Post reports that a government document quietly filed with the House of Commons in July says the government has no current intention of amending the provision that outlaws only terrorist activities that are undertaken "in whole or in part for a political, religious or ideological objective or cause".

Slidell Tries To Turn Jesus Portrait Into Historical Display

Apparently having some second thoughts about its defense of a portrait of Jesus -- as depicted in an Eastern Orthodox icon-- hanging in the lobby of its City Court, the city of Slidell, Louisiana has now expanded the courthouse display to include a copy of the Constitution and portraits of 15 "notable lawgivers in history," including Moses, Charlemagne, and Napoleon. Alliance Defense Fund lawyer Michael Johnson,who is defending the city said that the expanded display is modeled after one in the U.S. Supreme Court. Reporting on these developments, the Associated Press quotes the president of the Louisiana chapter of the ACLU who says that the new move is "creative" but "ultimately disingenuous". (See prior related posting .)

Fallout Continues From Swedish Paper's Muhammad Drawing

Fallout and response continue from the August 19 publication by the Swedish newspaper Nerikes Allehanda of an artist's drawing of the head of the Prophet Muhammad on the body of a dog. (See prior posting.) Turkey's Department of Religious Affairs issued a statement protesting the caricature, calling for "a legal arrangement and agreement that will determine the limits between freedom of press and speech and desecration of religious values." It added: "Desecration of religious values of Islam fuels a global crisis and tension between the two worlds and leaves behind deep sorrows." (Turkish Press.)

Meanwhile the youth branch of the Islamic Felicity Party staged a demonstration in front of the Swedish embassy in Ankara, the chairman of the Organization of Islamic Conference criticized the paper, and the Muslim Council of Sweden, filed a lawsuit against the newspaper and artist Lars Vilks who drew the illustration. (Today's Zaman).

Nerikes Allehanda plans to run an Arabic translation of an editorial it has already published defending its position on free speech grounds. (Crosswalk).

Muslim Woman Sues California Jail Officials Over Hijab Removal

In Orange County, California yesterday, a Muslim woman filed suit against the Orange County Sheriff's Department after jail officials forced her for security reasons to remove her headscarf. Today's Los Angeles Times reports that Souhair Khatib, represented by the ACLU, claims in her federal lawsuit that she was humiliated by the experience. Her 8-hour arrest came after a judge determined that she had not completed the number of community service hours to which she had previously been sentenced in a welfare fraud case. Khatib's attorney, Hector Villagra, said jail officials claim Khatib's hijab could have been used to choke someone.

Churches Continue To Clash With Communities Over Construction

Expansion of church facilities continue to create zoning clashes in various communities. The San Antonio Express-News today reports on the settlement of a long-running lawsuit between Castle Hills First Baptist Church and the city of Castle Hills, Texas that will permit the church to build softball and soccer fields, restroom, a pavilion and lighting on formerly residential lots across from the church. The settlement still needs court approval.

Meanwhile in Topeka, Kansas, environmentalists continue to oppose the construction of a parking lot by Grace Episcopal Cathedral, after the church cut down large trees to make way for the project. Today's Topeka Capital-Journal reports that parking lot opponents say that the entire church site is listed on the Register of Kansas Historic Places and that historic preservation requirements apply to vegetation on the land as well as buildings. Friends of Bethany Place filed suit, but most of the trees were cut down before the court issued a temporary restraining order. The church says that the preservationist group lacks standing, and that the church's free exercise rights entitle it to use its property to fulfill its Christian mission.

Hindu Group In UK Says Church Ban On Yoga Classes Violates Equality Law

The United Kingdom's Hindu Council has issued a press release yesterday questioning the ban imposed by two British churches on renting out space in their buildings for yoga classes. Reverend Tim Jones, Vicar of St James' and The Reverend Simon Farrar of the Silver Street Baptist Church argued that yoga is a "sham", a "false philosophy" and "unchristian". The Hindu Council-- saying those comments amount to a charge that Hinduism is a false religion-- is considering filing a complaint with the Commission for Equality and Human Rights claiming that the ban violates provisions in the Equality Act 2006 that prohibit religious discrimination in providing goods, facilities and services.

Article Profiles ACLJ and Its Leader, Jay Sekulow

Yesterday's Chicago Tribune features an article on the American Center for Law and Justice and its chief counsel Jay Sekulow. Describing ACLJ as "the conservative mirror image of the American Civil Liberties Union", it says the organization, founded by Pat Robertson, "has led the way in transforming the complaints of the religious right from raucous protests on the courthouse steps to polished presentations inside the highest courts in the land." The article describes Sekulow as: "a distinctive figure in the Christian legal fold, not just because he is a sharp legal strategist who eschews emotional or religious arguments but because he is a Brooklyn-born Jewish convert to Christianity, or a 'Messianic Jew,' as he puts it."

Islamic Society's Annual Convention Included Government Agencies

The Islamic Society of North America held its annual convention in suburban Chicago over Labor Day weekend. Speeches and exhibit booths by various federal officials and agencies provoked criticism from some sources. Melissa Rogers has a posting today that reviews these and other aspects of the 4-day meeting. The convention included a major address by Rabbi Eric H. Yoffie, president of the Union for Reform Judaism.

Sarkozy Wants French Schools To Teach About World's Religions

France's President Nicolas Sarkozy in a speech today said that there is a place for discussion of religion in French public schools, even though the country's Enlightenment values and secularism were critical to prevent religious confrontation . Christian Today quoted Sarkozy, who said: "The origins of the great religions, their visions of mankind and the world should be studied ... (in the spirit) of a sociological, cultural, historical analysis which would allow a better understanding of the fact of religion."

Belgian Prosecutor Wants To Indict Scientology On Fraud Charges

In Belgium, investigating prosecutor Jean-Claude Van Espen has recommended that 12 people connected with the Church of Scientology be indicted on charges of fraud and extortion. The AP today says that the recommendation follows a 10-year investigation into the U.S.-based group. Van Espen also recommended that Scientology be labeled a criminal organization, and concluded that its European office and its Belgian missions unlawfully practiced medicine, violated privacy laws and used illegal business contracts. It is now up to an administrative court to decide whether to proceed with the charges.

UPDATE: In response to a question, a U.S. State Department spokesman said on Tuesday: "If Belgian authorities have evidence that individuals violated Belgian law, they should take appropriate legal steps, consistent with Belgium's international obligations to protect freedom of thought, conscience, and religion. We would, however, oppose any effort to stigmatize an entire group based solely upon religious beliefs...."

Baptist Church Dispute Dismissed Under Ecclesiastical Abstention Doctrine

Anderson v. Matthews, 2007 Tex. App. LEXIS 7081 (14th TX Ct. App., Aug. 30, 2007), involved a dispute between various members of Houston's Missionary Baptist Church. A Texas state appellate court affirmed the dismissal of the case on the basis of the ecclesiastical abstention doctrine. It held: Although stated in terms of contract and tort claims, failure to abide by church bylaws, and various other legal 'emblemata,' the gravamen of the Members' complaint involves their dissatisfaction with Matthews's performance as pastor of New Birth and their desire to remove him from the pulpit, which is an ecclesiastical matter."

Recent Prisoner Free Exercise Cases

In a lengthy opinion after remand from the 4th Circuit Court of Appeals, in Lovelace v. Lee, 2007 U.S. Dist. LEXIS 62522 (WD VA, Aug. 24, 2007), a Virginia federal district court rejected free exercise and RLUIPA challenges to the Ramadan observance policy of the Keen Mountain Correctional Center. The challenged policy removed prisoners from the Ramadan program if they were observed taking meals during Ramadan from the regular diet line at regular mealtimes. Originally those removed were also unable to participate in group religious services, but changes in policy cured that by scheduling weekly Nation of Islam services-- both live and by video-- so that they were available during Ramadan. The court called on prison authorities to submit evidence that due process concerns over proper identification of inmates removed from the Ramadan program had been met.


In Saif'ullah v. Padaoan, 2007 U.S. Dist. LEXIS 62673 (ED CA, Aug. 24, 2007), a California federal Magistrate Judge recommended that plaintiff be permitted to move ahead with his claim that his free exercise rights were violated when rules regarding inmate work schedules were enforced to prevent plaintiff from attending Muslim religious services. However, the Magistrate Judge recommended summary judgment be granted for plaintiffs on claims regarding refusal to permit prayers in the day room prior to 5:30 a.m., and on disagreements regarding interpretation of Islamic religious doctrine.


In Bess v. Alameida, 2007 U.S. Dist. LEXIS 63871 (ED CA, Aug. 29, 2007), a prisoner challenged prison rules restricting the amount of religious material that inmates of a California state prison could receive by mail. A California federal Magistrate Judge recommended that the claim for an injunction be dismissed because changes in regulations made the complaint moot, but that other free exercise, RLUIPA and equal protection claims be permitted to move ahead. The Magistrate Judge held that since the prison's policy applied only to religious publications, it was an impermissible content-based regulation.


In Auleta v. Goord, 2007 U.S. Dist. LEXIS 63549 (ND NY, Aug. 28, 2007), a New York federal district judge found that a Wiccan prisoner failed to demonstrate that the exercise of his religion was substantially burdened by the denial of the tarot cards, a prohibition on in-cell burning, or alleged deficiencies in the holy day calendar.

Recent Articles Of Interest

From SSRN:

• Nelson Tebbe, Excluding Religion, (University of Pennsylvania Law Review, Forthcoming).
• Michael J. Perry, Morality and Normativity , (Legal Theory, Forthcoming).
• Nelson Tebbe, Witchcraft and Statecraft: Liberal Democracy in Africa, (Georgetown Law Journal, Forthcoming).

From SmartCILP:

• Katayoun Alidadi, The Western Judicial Answer to Islamic Talaq: Peeking Through the Gate of Conflict of Laws, 5 UCLA Journal of Islamic & Near Eastern Law 1-80 (2005-2006).
• Mousa Abou Ramadan, The Shari'a in Israel: Islamization, Israelization and the Invented Islamic Law, 5 UCLA Journal of Islamic & Near Eastern Law 81-129 (2005-2006).
• Col. (Ret.) Richard D. Rosen, Katcoff v. Marsh at Twenty-Two: The Military Chaplaincy and the Separation of Church and State, 38 University of Toledo Law Review 1137-1178 (2007).
• Rabbi Alan Mayor Sokobin, Rabbinic Confidentiality: American Law and Jewish Law, 38 University of Toledo Law Review 1179-1197 (2007).
• Aaron Tyler, Administering a Sacred Trust: The Place of Religious Tolerance in the State of Pakistan, 5 UCLA Journal of Islamic & Near Eastern Law 131-152 (2005-2006).
• Symposium: Islam and International Law. Articles by Mohammad H. Fadel, Sadiq Reza, Khaled Abou El Fadl, Amira El-Azhary Sonbol, Clark B. Lombardi and M. Cherif Bassiouni. 8 Chicago Journal of International Law 1-146 (2007).

Louisiana School Board Prayer Suit Finally Dismissed

The Advocate today reports that on August 22, a Louisiana federal district judge formally dismissed the ACLU's suit against Tangipahoa Parish School Board as she was ordered to do by the U.S. 5th Circuit Court of Appeals. (See prior posting.) Plaintiffs lost their challenge to school board invocations on standing grounds. This leaves the school board free to implement the new prayer policy that it adopted last month.

Conference Urges Malaysia To Appoint Women To Syariah Court

Bernama reports that a government-organized conference on Muslim Women in the Midst of Change that concluded yesterday in Kuala Lumpur is urging Malaysian authorities to appoint women as Lower Syariah Court judges. The National Fatwa Council decided in April that it was permissible to appoint women, but so far this decision has not been implemented.

Athieist Leader Profiled

Yesterday's Contra Costa Times profiles Pacifica, California resident Jim Heldberg, founder of San Francisco Atheists, and national affiliation director of American Atheists. Commenting on his affiliation efforts, Heldberg says: "The more the religious right takes over the government, the more people come to find us."

Local Indian Council Enforces Hindu Marriage Ban

An AP report from India on Saturday indicated that in the village of Oindh, the panchayat (local council) has enforced the Hindu ban on marrying within one's Gotra (assigned lineage or clan). Even though the marriage is not illegal under Indian civil law, the council took custody of a 10-day old baby of a couple from the same Gotra who married last year in Mumbai. The panchat ordered the couple to live separately and fined the husband 60,000 rupees that will be used to raise the couple's son.

Ontario Party Calls For Public Funding of Religious Schools

This week, Canada's Law Times reports that the platform of Ontario's Progressive Conservative Party calls for direct funding of the province's 100 private faith-based schools. Currently the only religious schools to receive government funding are Catholic ones. At an estimated cost of $400 million, proponents say this would integrate the province's diverse student body into the mainstream. (See prior related posting.)

Fiji Will Not Impose Sunday Closing Laws

Fiji's interim government says that it will not impose a Sunday closing requirement in the country despite a call by the Methodist church for a ban on commercial activities on Sundays and Christian holidays. FBCL News reports that Local Government Minister Jone Navakamocea said the country's Constitution protects the right to work on any day of the week.

Canadian Court Permits Suit Against Jehovah's Witnesses To Proceed

On Friday, the Alberta Court of Appeals held that a father can proceed with his wrongful death lawsuit against the Watchtower Society and its elders for allegedly misrepresenting the nature of chemotherapy and blood transfusion treatment to his 17 year old daughter, telling her that they would not cure her leukemia. In Hughes (Estate) v. Brady, (Alb. Ct. App., Aug. 31, 2007), the court held that the Charter of Rights and Freedoms provisions protecting religious freedom do not protect the right to impose religious beliefs on third parties. Refusing to dismiss the claims at the pleading stage, the court said:

Whether religious views provide a defence to or justification for misrepresentations that cause bodily harm or death should only be decided on a full factual record. It is not "plain and obvious" that a sincerely held religious belief would be an answer to a claim where application of the religious doctrine is said to have caused a death. In any event, the pleadings will not require any examination of the "truth" of the respondents’ beliefs about blood transfusions.... The record indicates that the respondents are opposed to transfusions as a matter of faith, not because they are experimental or ineffective.... [O]bjective validity of the belief of the respondents that blood transfusions are prohibited by scripture is not an issue in this litigation ... even though the respondents may raise their sincerely held religious beliefs as a defence or justification.

Yesterday's Calgary Sun in additional background on the case says that the trial court last year had held that the allegations were merely an attack on Jehovah's Witness beliefs.

Sikh Charges Discrimination After JP Forces Him To Remove Turban In Court

On Friday, the ACLU of Texas announced that it had filed suit in state court under the Texas Religious Freedom Restoration Act on behalf of Amardeep Singh, a member of the Sikh faith. In June 2006 Singh appeared in the courtroom of Justice of the Peace Albert Cercone to defend a speeding ticket. The bailiff told Singh he would need to remove his turban. Singh says he tried to explain the religious significance of the turban, but was ignored. According to yesterday's Dallas News, Cercone says that Singh made no mention of his religious concerns. Cercone argues that the request was necessary for security reasons since Justice of the Peace courts do not have metal detectors. The complaint in the case is available online. Singh has also filed with the State Commission on Judicial Conduct.

Tibet Criticizes China's New Order On Buddhist Reincarnates

Tibet's government today issued a lengthy statement criticizing China's recent Order on Management Measures for the Reincarnation of 'Living Buddhas' in Tibetan Buddhism. Phayul reprints the statement issued by the Kalon for Religion and Culture of the Central Tibetan Administration. The statement says that China's Order is "replete with contradictory statements and wild claims ... [and] will serve as a big tool for the Chinese government to brutally repress the innocent Tibetans under their tyrannical rule...."

Salt Lake City's New Mayor Will Need To Deal Wtih "Religious Divide"

Anticipating November's election, today's Salt Lake Tribune says that the next mayor of Salt Lake City will need to deal with the city's "religious divide". Salt Lake has become increasingly non-Mormon. The LDS Church will be seeking various permits as it enters a $1 billion development of City Creek Center on the city's downtown mall. Other issues, such as reform of the city's liquor laws, also pose tensions. David Richard Keller, associate professor of philosophy at Utah Valley State College says: "The mayor has to try to lay down a fundamental assumption: Is Salt Lake City going to reflect LDS values, or is it going to be a pluralistic American city that welcomes some things that may not be consistent with LDS morality? "

Virginia City Gives Temporary Permit To Buddhist Monks

Virginia Beach, Virginia's City Council last week voted to give a temporary 12-month permit to a three Buddhist monks to continue to hold services in their home in a residential area on Sundays and on three Buddhist holidays-- with numbers limited to 20 on Sundays and 50 on holidays. Today's Hampton Road Pilot reports that in January master monk Thanh Cong Doan asked the city to allow the Buddhist Education Center of America Inc. to operate out of his home. Another proposal to build a 6,000 square foot pagoda on their front lawn was dropped after neighbors complained. The monks hope to use the next 12 months to convince neighbors that they should drop their complaints.

USCIRF Chairman Says He Found Some Hopeful Signals In Turkmenistan

Radio Free Europe yesterday featured an interview with Michael Cromartie, Chairman of the U.S. Commission on International Religious Freedom following the visit of a USCIRF delegation to Turkmenistan. Cromartie said: "In Turkmenistan, you still have a repressive situation, but you at least have some signals that the government is aware of that and wants to do better. But their feet have to be held to the fire and it must be measure over time.... We heard the words, but we didn't see the evidence." (See prior related posting.)

Texas Seminary Wins Challenge To State Education Rules In State Supreme Court

HEB Ministries, Inc. v. Texas Higher Education Coordinating Board (TX Sup. Ct., Aug. 31, 2007) involved a challenge under the U.S. and Texas Constitutions to the state's regulation of post-secondary religious seminaries. Fort Worth's Tyndale Theological Seminary sued after it was ordered by the Higher Education Coordinating Board to stop issuing degrees, to change its name, to offer refunds of students' tuition, and to pay a $173,000 fine. The school's violations stemmed from its calling itself a "seminary" and its awarding recognition to graduates us words like "degree", "associate", "bachelor", "master" and "doctor".

The 8 justices hearing the case produced 3 separate and lengthy opinions—concurring and dissenting in different portions of the major opinion written by Justice Hecht. This created shifting pluralities and majorities for different portions of the primary opinion. Justices variously discussed establishment clause and free speech challenges, as well as free exercise issues.

Six of the 8 justices who heard the case held, in an opinion by Justice Hecht, that the state is incapable of determining what is "genuine" religious study and what is not, so that the statutory restriction on the use of the name "seminary" by schools offering only religious studies violates state and federal free exercise guaranties. Justice Wainwright joined by Justice Johnson would have gone further and struck down the restriction without regard to whether the curriculum of the religious institution was primarily religious.

Three justices joined with Justice Hecht in holding that restrictions on the words that a religious institution may use to refer to completion of religious programs of study is so broad that it violates state and federal Free Exercise guarantees. Justices Wainwright and Johnson held that these restrictions do not violate Free Exercise provisions, but do violate First Amendment protection of commercial speech.

Justices Jefferson and Green in their separate opinion took the position that regulating the titles used to recognize graduates is a legitimate attempt to prevent a seminary from issuing a degree that misrepresents the nature of the education provided. The Dallas News reported today on the case.

Court OK's Religious Exclusion In Military Community Service Program

Under federal law (10 USC 1143a and 32 CFR Part 77), former members of the military may earn additional service credit for retirement by working with public or community service organizations. However, work with religious organizations that involves religious instruction, worship services or proselytizing does not count. In Bowman v. United States, 2007 U.S. Dist. LEXIS 64203 (ND OH, Aug. 30, 2007), an Ohio federal district court rejected an equal protection challenge to the exclusion of religious service brought by a former member of the Air Force who later worked as a youth minister. The court held that the government's purpose of providing benefits to community and public service organizations and its concern with avoiding an establishment clause violation were rational reasons for the exclusion.

Group Asks Kenya's High Court To Declare Jesus' Crucifixion Illegal

Interfax today reports that in Kenya, a group called Friends of Jesus has filed a petition in Kenya's High Court asking it to declare Jesus Christ's conviction for blaspheming the Holy Spirit null and void and his crucifixion illegal. A spokesperson for the High Court suggested that the statute of limitations might not be a bar to the suit because it involves human rights matters. Some lawyers suggested that the suit should have been filed in the International Criminal Court in the Hague, while others say it should be dismissed because the conduct at issue did not take place in Kenya.

Christian Evangelists Permitted To Preach Inside Pentagon

Truthout reports today that another use of Pentagon facilities by evangelical Christian groups has been uncovered by the Military Religious Freedom Foundation. In 2005, in connection with its two-week "D.C. Crusade", the North Carolina-based H.O.P.E. Ministries International was permitted to conduct two services in the Pentagon courtyard where employees eat their lunch. Evangelist David Kistler was permitted to preach, but could not invite employees to openly respond to his invitation to them to accept Jesus. This past June, H.O.P.E. was invited to speak at a prayer breakfast at the Pentagon, and the next day in the Pentagon auditorium. Kistler wrote in his organization's newsletter that "three souls were saved among those who attended those events". Mikey Weinstein, president of the Military Religious Freedom Foundation, said H.O.P.E Ministries' presence inside the Pentagon was a violation of required church-state separation.

Swedish Paper Creates New Muhammad Caricature Controversy

SFGate reports today on a new Muhammad caricature controversy, this time in Sweden. The newspaper Nerikes Allehanda recently published a picture, drawn by artist Lars Vilks, of what was apparently the head of the Prophet Muhammad on the body of a dog, standing in the middle of a traffic circle. Both Pakistan and Iran have summoned Swedish diplomats to complain about the drawing. Pakistan's Foreign Ministry issued a statement saying: "Regrettably, the tendency among some Europeans to mix the freedom of expression with an outright and deliberate insult to 1.3 billion Muslims in the world is on the rise.... Such acts deeply undermine the efforts of those who seek to promote respect and understanding among religions and civilizations." Iran's President Mahmoud Ahmadinejad blamed "Zionists" for the drawing.

Australia's Herald Sun reported earlier this week that the drawing was part of a series that Swedish art galleries had declined to display. Nerikes Allehanda defended its publication of the drawing, criticizing the galleries for unacceptable self-censorship.

UPDATE: On Friday, some 300 Muslims in Sweden rallied outside the offices of Nerikes Allehanda to protest the cartoon publication. (AP).

More On Church's Tax Breaks In Italy and EU Competition Law

Yesterday London's Times Online published additional details on the demand by the European Commission that Italy justify the tax benefits it gives to the Catholic Church. (See prior posting.) The EU's Competition Commissioner has received complaints that the arrangements amount to illegal state aid to EU businesses. The problem stems from a decision in 2005 by then-Prime Minister Silvio Berlusconi to extend the Church's property tax exemptions to buildings the Church uses for businesses such as hostels and health clinics. Last year the Italian government backtracked somewhat by limiting the tax exemptions to activities that "are not exclusively commercial", but that still allows exemptions where the religious activity on a property in minimal. The EU request has led to political charges of "anticlericalism" from the Right, and to charges from the Left that the Italian government has given the Church a "privileged position".

Political Asylum Being Sought By Christians From Muslim Middle East

Petitions for asylum in the United States by Christians from Middle Eastern countries who fear persecution if they return seem to be a growing issue. Three cases have recently been in the news. WorldNetDaily reported yesterday on the campaign being organized to prevent the deportation of Onsy and Fadia Zachary, an elderly Christian couple from Egypt who have been in the United States since 1998. Supporters say that Onsy Zachary escaped from Egypt in 1970 after being imprisoned and tortured for refusing to convert to Islam. His ability to stay in the U.S. is complicated by an assault conviction here, for which he is now completing a jail term. The couple fears imprisonment and torture if they are returned to Egypt.

On Thursday, according to the AP, a Pennsylvania federal court heard arguments in the long-running legal battle by Sameh Khouzam to avoid deportation back to Egypt. The Coptic Christian says he fled Egypt eight years ago to avoid religious persecution. His lawyers say Egyptian authorities arrested, beat and sodomized him when he refused to convert to Islam. Egypt, however, says Khouzam is a convicted murderer. U.S. officials have obtained assurances from Egypt that Khouzam will be treated humanely when he returns, but Khouzam's lawyers say that such assurances are meaningless.

In Harlingen, Texas, an Iraqi Christian who illegally entered the U.S. from Mexico in 2006 has been granted political asylum by an immigration judge, according to an AP report yesterday. Amar Bahnan Boles-- who was arrested as he swam the Rio Grande-- told the judge that he faces physical brutality if he is deported to Iraq.

Las Vegas Policemean Sues For Right To Wear Yarmulke and Beard

Represented by the ACLU of Nevada, an Orthodox Jewish detective on the Las Vegas police force has sued in federal court for the right to wear a yarmulke (skullcap) and a close-cropped beard while on duty. Yestereday's Las Vegas Review-Journal reports that as Detective Steve Riback became more religiously observant, the Metropolitan Police Department seemed to change its rules. Riback began on the force as an undercover agent where he wore a beard and a baseball cap as part of his disguise. When he moved to his present non-uniformed desk job, the Metropolitan Police Department had a policy against beards, but would grant medical waivers. It did not have a policy against wearing head coverings, but in May it changed its civilian clothing policy to prohibit wearing of hats indoors. When Riback pointed out that officers were permitted to wear International Fellowship of Christian Police Officers pins that featured an open Bible,the Department banned wearing of the pins rather than expand permissible religious attire. The suit claims religious discrimination and retaliation for filing a discrimination complaint.

China Bans Religious Discrimination In Employment

China's legislature, the National People's Congress, yesterday adopted a new Employment Promotion law. Among its provisions is one that permits job applicants to sue if they have been discriminated against on the basis of religion, or on various other grounds. Yesterday's People's Daily Online reports that after January 1, job seekers can sue if they were subjected to discrimination because of sex, age, religion, race or physical disability.

Paper Carries Essays On "Islam and State"

Today's Christian Science Monitor carries four interesting essays expressing divergent views on "Islam and State". Author Abdullahi Ahmed An-Na'im writes an essay titled I Need a Secular State. Harvard professor Jocelyne Cesari's essay is Burqas and Ballots. From Damascus, Danish Institute Director Jorgen S. Nielsen writes The Leery Arab Street. Finally, Bill Warner, director of the Center for the Study of Political Islam, writes an essay titled Political Islam's Ethics.

10th Circuit Dismisses Challenge To Polygamy Laws On Standing Grounds

In Bronson v. Swensen, (10th Cir., Aug. 29, 2007), the U.S. 10th Circuit Court of Appeals dismissed on jurisdictional and procedural grounds a constitutional challenge to Utah's polygamy laws. After a Salt Lake County, Utah Clerk of Courts refused to issue a marriage license for a polygamous marriage, the couple, along with the husband's existing first wife, filed suit claiming that the denial violated their free exercise, associational and substantive due process rights. The court, however, held that plaintiffs failed to adequately raise a challenge to Utah's civil polygamy statutes, and that they lacked standing to challenge the state's criminal prohibitions on polygamy. Among other reasons for a lack of standing, the court held that the state's current policy of not enforcing its criminal laws against polygamy removed any credible threat of prosecution in the future. Today's Salt Lake Tribune reported on the decision.

New Jersey Rabbi Claims Unconstitutional Surveillance

A release from the Rutherford Institute says it has filed suit in a New Jersey federal district court on behalf of a Chabad Lubavitch rabbi who claims that police are conducting illegal surveillance of his home in retaliation for his filing a RLUIPA claim against the Township of Freehold. Rabbi Avrom Bernstein lives in an area zoned only for residential dwellings. On the Sabbath and certain holidays, Rabbi Bernstein and guests he invites hold worship services in the rabbi's living room. Earlier this year, the Township notified Bernstein that these gatherings violated zoning rules, and issued a summons charging him with illegally operating a house of worship. Bernstein responded with a state court lawsuit challenging the constitutionality of the Township's actions. Then, allegedly in retaliation, the Township set up a camera across from Bernstein's home to monitor the number of individuals who visit for Sabbath and holidays. The suit claims that the surveillance has chilled the free exercise rights of Bernstein and his guests, has impaired the use of property and interferes with Bernstein's access to the courts.

Wiccan Widow Not Invited To President's Meeting With Soldiers' Families;[Update- Bush Apologizes]

On Tuesday, President George W. Bush was in Nevada to address the American Legion Convention (full text of speech). While he was there, he met with family members of soldiers from northern Nevada who had been killed in battle. Yesterday's Las Vegas Review-Journal reports that one relative was conspicuously not invited to the meeting. Roberta Stewart, whose husband was killed when his helicopter was shot down in Afghanistan in 2005, was not asked to attend, even though her husband's parents and brother were. Roberta and her late husband Sgt. Patrick Stewart were Wiccans, and Roberta has battled for the right to display the Wiccan pentacle on Sgt. Stewart's memorial marker in the Northern Nevada Veterans Memorial Cemetery. (See prior posting.)

Americans United for Separation of Church and State criticized Roberta Stewart's exclusion, saying: "President Bush seems to be continuing a pattern of hostility toward the Wiccan faith. That’s an outrage. America is a nation of great religious diversity, and all public officials, especially the president, have an obligation to serve all of the people. Our Constitution mandates equal treatment of all faiths." (AU Release.)

UPDATE: On Thursday, President Bush phoned Roberta Stewart and apologized for failing to invite her to the meeting with veterans' families. He offered her his condolences and said that he would not discriminate against someone because of their religion. (AU Release.)

Sabbatical Year Approaching In Israel Poses Legal and Agricultural Issues

In two weeks the Jewish New Year of 5768 begins. In Israel, that prospect is posing unique legal and religious problems since that year will be a sabbatical year during which traditional Jewish law requires that land in Israel owned by Jews lay fallow. Over the years, a number of rabbis developed a legal fiction that allowed crops to continue to be grown. Farms in Israel were symbolically "sold" to non-Jews, usually Druze citizens, and then at the end of the year, were "sold" back to their former owners. Yesterday, both Haaretz and the Forward reported that increasingly ultra-Orthodox ("Haredi") rabbis are rejecting this loophole, and are insisting that the government help them enforce a stricter reading of Jewish law.

Earlier this month, the director-general of the Jerusalem Religious Council said that only produce that complies with the stricter interpretation should be marketed, and specified two wholesalers-- chosen without formal competition-- who would be certified as selling complying produce. Three petitions challenging that method of selecting the wholesalers have been filed with the High Court of Justice. Yerachmiel Goldin, supervisor of sabbatical year issues in the Ministry of Agriculture, believes that the High Court of Justice may instruct the rabbinate of Jerusalem and other towns to accept produce cultivated under the more liberal rules.

In past sabbatical years, the Haredi community has solved the problem by purchasing produce grown by Palestinians and crops exported from Cyprus. Leaders of one Haredi group now want the Israeli army to provide security for kosher supervisors sent to Palestinian farms in the West Bank. Other options include Jewish farmers growing crops using a method in which produce is planted on detached beds having no contact with the ground, and using crops grown in areas such as the southern Arava that are not defined by traditional Jewish law as being in the area subject to sabbatical restrictions.

RLUIPA Suit Filed By Yeshiva Against NJ Town

On Monday, a federal lawsuit was filed by a synagogue and yeshiva against the borough of Roosevelt, New Jersey, its Planning and Zoning Board and others. The lawsuit claims that defendants violated RLUIPA by undertaking a systematic campaign to prevent Yeshiva Me'on Hatoraha from being housed at Anshei Roosevelt synagogue. Apparently the borough's former mayor, Neil Marko, was removed in a recall election after it was alleged that he had a conflict of interest in representing the borough in connection with matters relating to the yeshiva.The Allentown (NJ) Examiner today says that Joshua Pruzansky, executive vice president of the yeshiva said that in addition to raising legal hurdles, "opponents of the yeshiva have also used disparaging language in describing the lifestyle of Orthodox Jews, argued that the yeshiva would take properties off the tax roll, and claimed that the yeshiva faculty and families would harm the local public school."

South Korea Gets Hostage Release; Pledges End To Missionaries In Afghanistan

In Afghanistan today, Taliban militants released 8 of the remaining 19 Christian volunteers that they had kidnapped an held as hostages since July 19. The International Herald Tribune reports that as part of the deal, South Korea has agreed to prevent South Korean churches from engaging in evangelical activities in Afghanistan. South Korean church groups said they will go along with the agreement. South Korea will also withdraw its 200 troops from Afghanistan by year's end, as it had already planned to do.

Court Refuses To Enjoin New Texas Pledge Containing "Under God"

A Texas federal district judge on Tuesday refused to issue a temporary injunction to stop schools from reciting the newly modified Texas pledge of allegiance which for the first time contains the phrase "one state under God". (See prior posting.). According to the Fort Worth Star-Telegram, Judge Ed Kinkeade said that parents David and Shannon Croft did not show that they would show irreparable injury if the preliminary injunction was not granted. (Croft v. Perry, ND TX, Aug. 28, 2007). Texas attorney general Greg Abbott issued a release welcoming the ruling, saying: "the Texas Pledge is an acknowledgment of patriotism and citizenship." The Attorney General's brief in the case is available online.

New DHS Rules Let Screeners Search Sikhs' Turbans For Explosives

The United Sikh Coalition has complained to the U.S. Department of Homeland Security about a newly implemented policy at airports that gives screeners discretion to ask Sikhs to remove their turbans for a security search, even if the wearer has not set off a metal detector. Authorities are concerned about detecting plastic explosives. The Argus (Alameda County, CA) reports today that the new DHS rules took effect Aug. 4, and are seen by Sikhs as racial profiling, even though screeners are also permitted to search travelers wearing cowboy hats or straw hats. Sikhs say that turbans do not lend themselves to hiding of explosive devices anymore than do skullcaps worn by Orthodox Jews-- a head covering that is not on the list of those that can be examined. The Sikh faith only permits the turban to be removed at home or in private.