Unlicensed Marriage Gives Husband No Control Over Funeral Rites

Last Thursday, the Delaware Chancery court in Wilmington refused to issue an order blocking Christian funeral services for murder victim Jeanea Irvin, who had converted to Islam eight years ago. Saturday’s Wilmington News-Journal reports that Irvin’s husband, Timothy Boyer, had asked the court to stop the funeral being planned by Irvin’s family so she could be buried according to Islamic law. However, Timothy and Jeanea had married in 2006 in a religious ceremony without obtaining a civil marriage license. The court ruled this meant the marriage was not recognized under Delaware law, and the normal rights Irvin’s husband would have to determine the details of her funeral instead passed to her parents.

UPDATE: The full opinion is now available on LEXIS: Boyer v. Irvin, 2007 Del. Ch. LEXIS 146 (DE Ch., Oct. 19, 2007).

Legislator Urges Schools To Seek Exemption From Moment of Silence

Legislative opponents of Illinois' new mandatory moment of silence in school classrooms are now suggesting that school boards take a different route, according to yesterday's Chicago Tribune. Illinois law, 105 ILCS 5/2-3.25g, permits school districts to seek a waiver of any mandate imposed by the School Code on various grounds, including when necessary to improve student performance. State Representative Jeff Schoenberg has written to Evanston/Skokie School District 65 urging it to seek a waiver of the moment-of-silence requirement on the ground that it is an unnecessary interference with teachers' management of their classrooms which has nothing to do with improving student performance. If the State Board of Education approves a waiver request, the state legislature may still veto it.

Street Preacher Sues After Citation For Violating City Sign Law

In Naperville, Illinois, Street preacher Elmer "Joe" Christopherson filed suit Thursday challenging a ticket he received for violating a city ban on signs within ten feet of a roadway. On Sept. 2, Christopherson was preaching in downtown Naperville, carrying a 6x3 foot placard with a message about Jesus and redemption. After he had been preaching for three hours, and had earlier been heckled by onlookers, police told Christoperson and his group from Burning Hearts Outreach Ministries that they had to take down their sign. The lawsuit filed in DuPage County Court alleges that the citation against Christopherson violates his First Amendment free speech and free exercise rights. Yesterday's Christian NewsWire and today’s Chicago Tribune report on the case.

British Appellate Court Finds Clergyman Covered By Employment Rights Act

Building on a 2005 sex discrimination case decided by the House of Lords (see prior posting), yesterday in New Testament Church of God v. Stewart, ([2007] EWCA Civ 1004, Oct. 19, 2007), the England and Wales Court of Appeal upheld an Employment Appeal Tribunal’s decision that a pastor of The New Testament Church of God is an "employee" under the 1996 Employment Rights Act. This holding permits him to bring a claim for unfair dismissal after the Church accused him of financial irregularities and suspended him from his duties.

The Court of Appeal said, however, that whether a clergyman is an employee will vary from church to church and from religion to religion. It observed: "The religious beliefs of a community may be such that their manifestation does not involve the creation of a relationship enforceable at law between members of the religious community and one of their number appointed to minister to the others. The law should not readily impose a legal relationship on members of a religious community which would be contrary to their religious beliefs." Reporting on the decision, The Times pointed out that earlier cases had referred to ministers as "servants of God" who had been appointed to a holy office, instead of treating them in the same way as secular employees.

California Church Loses Bid For Preliminary Injunction Under RLUIPA

In International Church of the Foursquare Gospel v. City of San Leandro, 2007 U.S. Dist. LEXIS 76831 (ND CA, Oct. 2, 2007), a California federal district court has refused to grant a preliminary injunction under RLUIPA requested by a San Leandro, California church. International Foursquare Gospel was seeking either rezoning or a conditional use permit so a member congregation could construct a church on land now zoned for industrial use. The court found that plaintiff never completed the requirements for a conditional use permit application. As to its application for rezoning, plaintiff failed to show a likelihood of success in demonstrating either a substantial burden on its free exercise of religion or unequal treatment.

Jehovah's Witnesses Battle Authorities In 2 FSU Countries

Forum 18 reported on Thursday that Tajikistan’s Ministry of Culture has issued an order revoking the registration of the Jehovah’s Witness denomination and banning all activities by them in the country. The formal order says that Jehovah's Witness activity violated the country's Constitution as well as the Religion Law by distributing religious literature to non-members. However Saidbek Mahmudolloev, head of the Information Department at the Culture Ministry's Religious Affairs Department, said the major concern with the Jehovah's Witnesses is their refusal to serve in the armed forces. Jehovah's Witnesses plan to appeal to President Emomali Rahmon and Prime Minister Okil Okilov to challenge the ban.

Meanwhile the Jehovah’s Witnesses have won a significant legal victory in Pridnestrovia (also known as Trans-Dniestria)-- a break-away republic within the internationally recognized boundaries of Moldova. According to Thursday's Tiraspol Times, Pridnestrovia’s Supreme Court has held unconstitutional a requirement imposed by Religious Affairs Commissioner Pyotr Zalozhkov that that Jehovah’s Witnesses register under local laws governing the leadership of religious organizations.

Recent Prisoner Free Exercise Cases

In Peterson v. Price, 2007 U.S. Dist. LEXIS 75737 (ND WV, Sept. 28, 2007), a West Virginia federal district court accepted a magistrate judge’s recommendation to dismiss a federal prisoner’s Fist Amendment claims. Plaintiff complained that he had been removed from the prison’s kosher food program, but the court found that this was justified; he had purchased non-kosher food from the commissary. The court also agreed that the failure to furnish plaintiff a kosher bag lunch during two mock lockdowns did not rise to the level of a constitutional violation.

In Tafari v. Annets, 2007 U.S. Dist. LEXIS 76017 (SDNY, Oct. 15, 2007), a New York federal Magistrate Judge recommended that an inmate be permitted to proceed with his claim that his free exercise rights were violated when on five separate occasions he was denied kosher food while in transit between prison facilities. The magistrate recommended dismissal of a number of other claims.

In Farnsworth v. Baxter, 2007 U.S. Dist. LEXIS 72209 (WD TN, Sept. 26, 2007), a Tennessee federal district judge denied defendant’s motion to dismiss a RLUIPA claim brought by a prisoner who complained about the failure to provide Messianic Jewish religious services. Defendant had argued that damages are not available under RLUIPA in suits brought against officials in their individual capacities.

In Cruz v. Scribner, 2007 U.S. Dist. LEXIS 76423 (ED CA, Oct. 3, 2007), a California federal Magistrate Judge dismissed, subject to the right to file an amended complaint, claims by a Native American prisoner that he was denied the right to participate in the annual Pow-Wow, Banquet and Sweat Ceremony that is part of his religion. Plaintiff failed to allege any link between the named defendants and his free exercise, equal protection and RLUIPA claims.

In two nearly identical opinions, a California federal district court held that plaintiff prisoners must specifically allege how their religious rights are being violated in the institution where they are incarcerated instead of making broad and generic allegations about policies or practices at all other California prison facilities. The cases are Bonner v. Tilton, 2007 U.S. Dist. LEXIS 76932 (ED CA, Oct. 2, 2007) and Green v. Tilton, 2007 U.S. Dist. LEXIS 76925 (ED CA, Oct. 2, 2007).

In Jones-el v. Pollard, 2007 U.S. Dist. LEXIS 77505 (ED WI, Oct. 18, 2007), a Wisconsin federal district court permitted an inmate to move ahead with a variety of claims under the First Amendment and RLUIPA. Plaintiff charged that he was prevented from observing Ramadan, was deprived of Islamic publications, was prevented from possessing prayer oil and a prayer rug while in segregation, and was denied Halal meals. He also alleged that prison authorities favor Christianity over Islam by employing full-time Christian chaplains and using Christian chapels.

USCIRF Report Criticizes Lack of Progress On Religious Liberty In Saudi Arabia

Yesterday, the U.S. Commission on International Religious Freedom released a long report (full text) that is highly critical of Saudi Arabia for failing to implement promised reforms designed to protect human rights, including the free exercise of religion. USCIRF recommended that the U.S. government strengthen its human rights diplomacy with the Saudis and address Saudi exportation of extremist ideology, hatred and intolerance in educational material sent around the world. The report also recommended a number of other steps to further religious liberty in Saudi Arabia, including dissolving of the Commission to Promote Virtue and Prevent Vice. A widely circulated AP article focuses on a recommendation in the report that the Islamic Saudi Academy, a private K-12 school in Fairfax County, Virginia, be closed down until the school's textbooks can be reviewed. [Thanks to Melissa Rogers for the lead.]

Power of Traditional Rabbinic Authorities In Israel Continues To Be An Issue

In Israel, the battle to liberalize Rabbinic courts continues. Yesterday's Jerusalem Post reports that several women's rights groups along with a group of progressive Orthodox rabbis have filed suit in the High Court of Justice challenging the recent appointment of 19 new judges to the Rabbinic courts. (See prior posting.) The 60-page petition claims nepotism, political pressure and procedural errors in the appointments. Underlying the lawsuit are concerns over how the traditional haredi judges will deal with women's rights in divorce proceedings.

Meanwhile, in another attempt to maintain the authority of traditional Rabbinic bodies, Israel's Chief Sephardic Rabbi, Shlomo Amar, arrived in the United States this week to oversee the Rabbinical Council of America's appointment of religious court judges to its conversion courts. Amar has ordered that only conversions by special Orthodox Jewish tribunals that he has approved should be recognized in Israel. JTA reports on these developments. (See prior related posting.)

Egyptian Muslim Fundamentalist Sues To Enforce His Views

Today's Wall Street Journal profiles Egyptian cleric Yusuf El-Badry, a conservative Muslim who has "pioneered the practice of suing ministers, poets, academics and religious scholars in Egypt's courts to promote his strict interpretation of Islam." El-Badry's most recent lawsuit has been filed against Egypt's Minister of Health and Population challenging the country's ban on female circumcision. The Journal reports that El-Badry "isn't a trained attorney, but he prefers to argue his cases before the judge himself. With his flowing robes and white turban, he stands out in court, where attorneys typically wear suits. Intellectuals across the Middle East have railed against his crusade..."

TSA Gives More Flexibility In Inspections of Religious Headwear

Jurist reports that the U.S. Transportation Security Administration has heeded complaints of the Sikh community as to recently adopted rules on inspection of turbans worn by airline passengers. (See prior posting.) On Tuesday, the TSA announced revised screening procedures that include headwear in the broader category of "bulky clothing", rather than singling out headwear for special treatment. The new procedures still recommend removal of headwear, but permit other alternatives for those with religious or other objections to removing head coverings.

Some Falsely Cite Religious Reasons To Avoid Immunizing Their Children

A small but growing number of parents around the country are falsely claiming religious exemptions to avoid vaccinating their children who are entering school when the real reasons are concern over safety of the vaccines or fear that they may cause other illnesses. Reporting on the trend, an AP story earlier this week said that 28 states allow parents to opt out of immunizations only for medical or religious reasons, while 20 others also allow philosophical objections. Two give exemptions only on medical grounds.

EEOC Sues Over Employer's Failure To Accommodate Haj Trip

The EEOC has filed a lawsuit in a Tennessee federal court against Southern Hills Medical Center in Nashville alleging that it refused to accommodate a Muslim employee's request to use earned vacation time to make his Pilgrimage to Mecca. CCH reports that the suit filed last month claims the hospital would not grant extended leave to employee Wali Telwar. Instead it forced him to resign and unsuccessfully reapply after returning from the Haj.

Islamic Court Proposal Challenged In Tanzania's High Court

In Tanzania earlier this week, the National Muslim Council renewed its call for establishment of a Kadhi Court that would have jurisdiction over Muslims on matters of personal law relating to marriage, divorce and inheritance. (Muslim News.) This led to the filing yesterday of a petition in the country's High Court challenging the move on constitutional grounds. Today's Tanzania Standard reports that Rev. Christopher Mtikila of the Full Salvation Church, who is also the chairman of the opposition Democratic Party, filed the lawsuit claiming that establishment of separate legal systems for specific groups in the country would violate Tanzania's constitution. IPP Media says that the Full Gospel church has filed a separate suit making similar claims.

British Tribunal Rejects Rastafarian's Employment Discrimination Claim

Britain's Employment Appeal Tribunal has rejected a discrimination claim by a Rastafarian who was fired from his position as a driver because of his hair style. The case is Harris v. NKL Automotive, Ltd., (EAT, Oct., 3, 2007) [Word.doc]. The Tribunal found that the employer required drivers "should have a smart professional haircut and should ensure hair is tidy". The Tribunal concluded that since the company did not object to the wearing of dreadlocks if they were "tidy", the dismissal did not discriminate against Rastafarians. Reporting on the case, Out-Law.com reviews the case law in Britain involving employer dress codes under the Employment Equality (Religion or Belief) Regulations 2003.

Mukasey Testimony Includes Exchange On Role of Sharia Under U.S. Law

Yesterday the Senate Judiciary Committee held its first day of hearings on the nomination of Judge Michael B. Mukasey for Attorney General. (Washington Post). At the hearing (full transcript), the Senators questioned the nominee on a variety of subjects. One interesting exchange occurred between the nominee and Senator Sam Brownback:

BROWNBACK: ... [C]ertain countries' courts have held that sharia, or Islamic religious law trumps civil constitution. There's been a case in Malaysia. There was a case earlier this year in Germany, there a Frankfurt presiding judge over a divorce court involving two Muslim Moroccan residents in Germany put aside German divorce law and ruled, instead, on the basis of her understanding of the Koran.... What would be your thoughts on this were this to arise in the United States -- in a court of law in the United States?

MUKASEY: I think we should not create, anywhere in this country, enclaves that are governed by any law other than the law that applies to everybody. We live in this country under one system of laws. And whatever may be the religious requirements of any group, we don't create enclaves where a different law applies, a different law governs and people don't have the rights that everybody else has outside that enclave. I would resist that very firmly -- the creation of any such enclave.

President Emphasizes Religious Liberty At Presentation To Dalai Lama

President George W. Bush yesterday spoke at the ceremony awarding the Congressional Gold Medal to the Dalai Lama. The President's speech (full text) emphasized the importance of religious liberty in the United States. He said that in awarding the Medal to the exiled Tibetan leader, "America raises its voice in the call for religious liberty and basic human rights." In what will likely be the most politically important portion of his speech, the President said: "Americans cannot look to the plight of the religiously oppressed and close our eyes or turn away. And that is why I will continue to urge the leaders of China to welcome the Dalai Lama to China. They will find this good man to be a man of peace and reconciliation." (See prior related posting.) The Washington Post points out that yesterday's ceremony was the first time a sitting U.S. president has appeared in public with the Dalai Lama.

Groups Urge Senate To Eliminate Earmarked Funds For Creationist Group

Thirty-six scientific, educational, civil liberties and religious organizations have signed a letter (full text) to each member of the U.S. Senate urging the Senate to remove an earmark currently found in the House Committee Report on the Departments of Labor, Health and Human Services and Education Appropriations Bill. Under the House proposal, $100, 000 would go to the Louisiana Family Forum, a group promoting creationism, for it to use "to develop a plan to promote better science education." (See prior posting.) The letter argues that "federal funding of LLF's efforts to introduce creationism in public-school science classrooms will ... harm the religious liberty of students and their families" and "will weaken rather than strengthen science education". In a release discussing the letter, Americans United For Separation of church and State argued that LLF's "goal is to spread fundamentalist dogma, not enhance scientific literacy." [Thanks to Alliance Alert for the lead.]

UPDATE: Americans United announced on Thursday that the earmark's sponsor, Louisiana Sen. David Vitter, requested that it be removed from the bill and that the funds instead be directed to another Louisiana project. Vitter said that the earmark had not been intended to promote creationism.

2nd Circuit Upholds Constitutionality of RLUIPA and Vindicates Jewish Day School

Yesterday in Westchester Day School v. Village of Mamaroneck, (2d Cir., Oct. 17, 2007), the U.S. 2nd Circuit Court of Appeals affirmed a March 2006 district court decision holding that the Religious Land Use and Institutionalized Persons Act prevents the Village of Mamaroneck, New York from using its zoning laws to block a Jewish day school's construction of a new building that would be used, at least in part, for religious education and practice. (See prior posting.)

The Court of Appeals upheld the constitutionality of RLUIPA. It held that RLUIPA's limitations on land use regulation are a valid exercise of Congress' powers under the Commerce Clause in cases where a burden placed on religious exercise affects interstate commerce. The court also rejected Establishment Clause challenges to RLUIPA. Applying RLUIPA to the facts before it, the appellate court held that the Village's arbitrary denial of a special zoning permit placed a substantial burden on the Day School's religious exercise and that the Village lacked a compelling interest to justify the denial. The Zoning Board of Appeals had given undue deference to objections from an influential group of neighbors. The Associated Press reports on the decision, as does today's New York Times.

Nativity Scene To Be Permitted In Washington State Capitol This Year

The Alliance Defense Fund announced yesterday that a settlement agreement (full text) has been filed in Wesselius v. DeShaw, (WD WA, Oct. 16, 2007), a case challenging last year's refusal by Washington state officials to permit a private citizen to put up a Nativity Scene in the state Capitol building next to a menorah and holiday tree that were approved for display. Under the settlement agreement, officials will allow plaintiff to display a Nativity Scene in the commons area of the Capitol Rotunda this December. The Capitol Campus Facilities Policy will be amended to provide that public use of Capitol facilities will be made available on a non-discriminatory basis, without regard to the religious or political content or viewpoint of the person seeking access. (See prior related posting.) Yesterday's Olympian also reported on the settlement.

ORU President Takes Leave Until Charges Are Resolved

Oral Roberts University President Richard Roberts has asked the University's Board of Regents for a temporary leave of absence while charges in a civil law suit by three former ORU faculty are resolved. The suit alleges that Roberts and his wife misused University funds and that his wife spent time at night with an underage male in the University's guest house. CNN yesterday quoted Roberts who said: "I have prayed about it, and feel that it is in the best interest of my family and the university." Roberts, in the same written statement, said he would continue as head of Oral Roberts Ministries and would continue his television show. The ORU Board of Regents in a written statement said it had granted the leave request, and had appointed Billy Joe Daugherty, Senior Pastor of Victory Christian Center in Tulsa, as acting president, along with University founder Oral Roberts.

9th Circuit Grants En Banc Review In Snowbowl RFRA Case

Reuters yesterday reported that the U.S. Ninth Circuit court of Appeals has granted an en banc rehearing in Navajo Nation v. United States Forest Service. Last March, a 3-judge panel held that federal approval of the use of treated waste water to make snow in an expanded ski resort in Arizona's Coconino National Forest would violate the Religious Freedom Restoration Act. (See prior posting.) The panel concluded that the Arizona Snowbowl waste water proposal would substantially burden the carrying out of religious rituals by the Navajo and Hopi Indians who rely on the purity of the mountain water they use.

School Program That Urges Church Attendance Is Challenged

The Denver Channel yesterday reported that two parents of students in the Cherry Creek (CO)School District have filed suit challenging a program known as "40 Developmental Assets". The program aims at helping adolescents become responsible adults. One of its suggestions for constructive use of time is to spend one or more hours per week in activities in a religious institution. Bob Tiernan of the Freedom From Religion Foundation which represents the parents said that this amounts to telling students they should go to church weekly. The suggestion, he said, alienates those who do not, implying that they are not good citizens. For a public school to do that, he argues, violates the Establishment Clause.

Louisiana City To Vote On Whether To Allow Sunday Liquor Sales

In addition to voting for Louisiana's governor this Saturday, voters in East Baton Rouge will vote on whether to repeal the town's Blue Laws that prohibit the sale of packaged wine and liquor on Sundays, and prohibit the sale of packaged beer on Sundays before 12:30 p.m. LSU's Daily Reveille reported yesterday that if the measure passes and is implemented by Metro Council, grocery and retail stores will be able to sell liquor, beer and wine starting at 11 a.m. on Sundays. Restaurants that can already sell wine and liquor on Sundays will be unaffected. The referendum is being supported by residents who believe that local residents are spending money on alcohol in other parishes on Sunday, when those funds could be spent locally. Opponents, like Kitty Blanchard, secretary for St. Agnes Catholic Church, say the repeal would disrupt rest and worship on "the Lord's day".

Scalia Says His Catholic Faith Has Little Impact On His Legal Views

Speaking at Villanova University Law School yesterday, U.S. Supreme Court Justice Antonin Scalia said that his Catholic faith has played little role in his court decisions. The AP reported on his remarks, during which he asserted: "I am really hard put to tell you of a single decision or opinion of mine that would have come out differently if I were not a Catholic." He said that his opposition to Roe v. Wade stems not from his religious beliefs, but from his "textualist" views-- there is no reference to abortion in the Constitution. Commenting on death penalty cases, Scalia said that the Church's opposition to capital punishment is fairly recent, and is not an infallible teaching. He said that if he thought that it was, he might feel compelled to resign because of the number of capital cases the Court must decide.

Protestant Chaplains Lack Standing To Challenge Navy's Retirement Policy

The D.C. federal district court has dismissed on standing grounds an Establishment Clause challenge to a practice by the U.S. Navy that permitted 23 reserve corps Catholic chaplains to remain on active duty past age 60 so that they could obtain the 20 years' service needed for their pensions to vest. A group of non-liturgical Protestant chaplains and their endorsing organization claimed this amounted to a denominational preference. In re: Navy Chaplaincy, (D DC, Oct. 15, 2007), because plaintiffs did not claim that non-liturgicals were denied the same opportunity; rather they argued that the Navy's practice communicates a message of preference that constitutes a per se injury. The court rejected this argument. It also rejected plaintiffs' attempt to invoke taxpayer standing, since plaintiffs were not challenging Congressional action under the taxing and spending clause. The case was on remand from the Court of Appeals which, last year, held plaintiffs had shown irreparable injury (see prior posting).

Mezuzah In Florida Capitol Raises Church-State Question

The AP reported yesterday that Florida's Governor, Charlie Crist, has raised church-state issues by hanging a mezuzah on his office door at the Capitol. The mezuzah was a gift to the governor from state Rep. Adam Hasner, who obtained it during a trade mission to Israel earlier this year. Crist, who is not Jewish, said that this was his way of recognizing the religious diversity in the state. ACLU spokesman Larry Spalding, however, said: "It would be appropriate in the governor's mansion or in his office where he works. But when you place it in an area where it even has the appearance of giving the government stamp of approval, then I think you violate that neutrality principle."

British Anti-Gay Activist Banned From Library For Verbal Abuse of Staff

Yesterday's Manchester Guardian reports on a confrontation between British anti-gay rights activist Joe Fairclough, and a librarian at Leigh Library in the town of Wigan. Fairclough, a devoted Christian who had engaged in a number of anti-gay activities at the library in the past, refused assistance from one of the library's staff members because the man was gay and had been through a civil partnership ceremony. Fairclough asked for help instead from another librarian because he does not approve of two men being married. The next day when Fairclough returned to the library, two staff members asked him to leave because he had insulted their colleague. The Library's Code of Conduct permits banning of patrons who engage in verbal abuse. Eventually a police constable arrived and took Fairclough into custody, but released him without filing charges. [Thanks to Towerload blog for the lead.]

Akron City Council Will End Lord's Prayer At Beginning of Meetings

Akron, Ohio's City Council will reluctantly end its practice of reciting the Lord's Prayer before meetings, now that Americans United for Separation of Church and State has complained about the sectarian invocation. The Akron Beacon Journal reported yesterday that, for now, meetings will open only with the Pledge of Allegiance, after Council members decided that having a different prayer every week to represent various faiths would be too complicated. [Thanks to Scott Mange for the lead.]

Student Sues To Get High School Recognition For Christian Student Group

In a federal lawsuit filed in Vermont last week by the Alliance Defense Fund (press release), a student challenged the refusal by Middlebury Union High School to give official recognition to Youth Alive, a student-run Christian organization. The complaint (full text) in V.O. v. Union School District No. 3, (D VT, Oct. 11, 2007), alleges that the school's refusal violates the federal Equal Access Act, First Amendment free speech and free exercise rights, and the Fourteenth Amendment's equal protection and due process clauses. Plaintiff says that the school recognizes other non-curriculum related student groups. The school's letter refusing recognition said that if Youth Alive were recognized as a co-curricular club, its activities would become school-sponsored with monetary support and an assigned advisor, and that this sponsorship would violate the Establishment Clause. The school says that, as in the past, it will grant Youth Alive meeting space and space for posters advertising its meetings.

One Student Wins, One Loses, Hair Length Challenge

Here is a follow-up on two recent cases (see prior postings 1, 2) in which high school students have claimed that school rules regarding hair length infringe their religious freedom. In Detroit, Michigan, Old Redford Academy (a charter school) has granted a religious exemption from its grooming rules to freshman Claudius Benson whose family's interpretation of the Old Testament precludes him from cutting his hair. Yesterday's Detroit News reports on the student's victory. However in Leakey, Texas, the school board voted unanimously Monday night to refuse to permit Rastafarian student Ben Jamin Daly to keep his hair long. KSAT.com reports that the decision means Daley will continue to be taught in an alternative program, in isolation from his classmates, and will not be permitted to participate in school activities, unless he cuts his hair.

Nebraska Judge Orders Newborn Blood Tests Over Parents' Objections

In Omaha, Nebraska, a juvenile court judge has rejected parents' religious objections and ordered six-week-old Joel Anaya to undergo blood tests that are required for all newborns in order to screen for health conditions. Yesterday's Omaha World-Herald reports that Judge Elizabeth Crnkovich placed the boy temporarily in foster care until the tests were run and the results were in. On Tuesday, when results were received, the case against the boy's parents was dismissed and he was returned to them.

Some Claims Against Westboro Baptist Church Funeral Picketers Dismissed

Baltimore, Maryland federal district judge Richard Bennett yesterday dismissed defamation and invasion of privacy claims brought against the Westboro Baptist Church by the father of a Marine Lance Cpl. Matthew Snyder who was killed in Iraq. However plaintiff was permitted to proceed on two other claims against the Church, its leader Rev. Fred Phelps and his two daughters who have gone around the country picketing veterans' funerals with signs protesting US tolerance of homosexuality. The Baltimore Sun described the court's holding:

In granting part of the defendants' motion for summary judgment, Bennett found church members did not defame Lance Cpl. Matthew A. Snyder or his family by implying [in postings on the Church's website] that he was gay or raised by adulterers because his parents divorced. Nor did the church members invade the family's privacy, the judge ruled, because their anti-gay and anti- divorce accusations were based on a general expression of the church members' fundamentalist beliefs.

At the civil trial set to begin Monday in federal court, the jury will be able consider whether Westboro Baptist Church is liable for an intentional infliction of emotional distress based on the message from its members' signs, Bennett said. The judge also will allow jurors to decide whether the Snyder family's expectation of privacy at Matthew Snyder's funeral was violated by the church members' protest outside St. John Roman Catholic Church in Westminster.

Also reporting on the decision, WBALTV said that Church members will "argue their protests are covered by free-speech protections, but acknowledged in court Monday that they had a hard time finding experts to take their side for next week's trial." (See prior related postings, 1, 2, 3.)

New York's High Court Hears Arguments Today In Satmar's Factional Dispute

New York's Court of Appeals, its highest court, will hear arguments today in a long-running suit between two factions of the Orthodox-Jewish Satmar Hasidic community. Yesterday's Times Herald-Record reports that control of millions of dollars worth of property is at stake in the power struggle between followers of Rabbi Aaron Teitelbaum and followers of his younger brother, Rabbi Zalmen Teitelbaum. Each brother has been declared by his followers to be the grand rebbe to succeed their deceased father, Rabbi Moses Teitelbaum. Also each faction elected its own lay officers to control the movement's assets. The major issue in the case is whether a civil court can apply neutral principles to determine which side won the disputed election. Rabbi Zalmen's side claims that the now-deceased father endorsed its election, and argue that a secular court must stay out of the essentially religious dispute. (Here are links to numerous prior postings on the dispute: 1, 2, 3, 4, 5, 6.)

US Says Foreign Sovereign Immunities Act Is OK Under Establishment Clause

Yesterday's Louisville Courrier-Journal reports that the U.S. State Department and Department of Justice have filed an amicus brief in the pending 6th Circuit appeal in O'Bryan v. Holy See, a class action priest abuse lawsuit. In January, a federal district court in Kentucky held that while the Vatican is a foreign government covered by the Foreign Sovereign Immunities Act ("FSIA"), the "tort exception" to the Act permits a claim to be filed against the Holy See based on clergy acting in the scope of their employment. [District Court opinion.] Plaintiffs claimed that clergy failed to warn parishioners that their children would be under the care of known or suspected pedophiles, and failed to report known or suspected abusers to state and local authorities. (See prior posting.)

The government's amicus brief defends the constitutionality of of FSIA against plaintiffs' claim that the immunity granted to the Vatican by the Act is inconsistent with the Establishment Clause because it grants special favors that benefits only the Catholic Church. The government responds that there is no evidence Congress intended to benefit Catholicism in enacting FSIA. At the time of its enactment, the United States had not yet recognized the Vatican. The government's brief also argues that under the Constitution, the President has the sole right to decide whether to recognize the Holy See as a foreign government.

Town Board Candidate Rejects Interfaith Group

While many political candidates are reaching out to religious voters, in Chili, New York, Democratic Town Board candidate Tim Lancaster is taking the opposite approach. In response to a request by the Interfaith Alliance that he sign the League of Women Voters Fair Campaign Pledge, Lancaster wrote that he does not want to associate himself with the faith-based social justice group. Today's Rochester Democrat & Chronicle reports that Lancaster, an atheist, rejected the request, saying that "the Interfaith Alliance is a silly group", that some of its members have al-Qaeda sympathies, and that he does not respect "something that is superstitious and based on mythology like religion". The Democratic Party has sent a letter of apology to the Alliance and to the League of Women Voters.

Catholic College Recognizes GLBT Student Group

While some Catholic colleges have been sued for discrimination for refusing to recognize gay and lesbian student groups, Sylvania, Ohio's Lourdes College has taken a different route. WTVG-TV reported yesterday that Lourdes has recognized Prism, a gay, lesbian, bisexual, transgender organization whose co-advisor is a nun. The group's goal is to acknowledge and promote awareness of the GLBT population on campus. Some alumni, however, accuse the College, which is sponsored by the sisters of St. Francis, of rejecting Catholic teachings in order to increase enrollments.

6th Circuit Rejects Postal Worker's Title VII Religious Accommodation Claim

In Tepper v. Potter, (6th Cir., Oct. 15, 2007), the U.S. 6th Circuit Court of Appeals rejected Title VII religious accommodation and religious discrimination claims brought by a letter carrier against the Chagrin Falls, Ohio branch of the United States Postal Service.

Letter carrier Martin Tepper is a Messianic Jew who observes Saturday as his Sabbath. While the post office initially accommodated him by giving him Saturdays off, in 2002 the accommodation was terminated due to staffing problems. The court held that requiring Tepper to take leave without pay, or use vacation time if he wished to take Saturdays off does not amount to discipline or discharge for his religious observance, nor does it amount to a materially adverse change in his conditions of employment. Rejecting Tepper’s differential treatment claim, the court held that giving other employees Sunday off was not so they could observe their Sabbath, but because few carriers are needed since few mail deliveries are scheduled for Sunday. The court said all employees are treated equally—all must work a 5-day week with a rotating day off. [Thanks to Alliance Alert for the lead.]

Alabama Gives Statewide Approval To Bible As Literature Textbook

Alabama has become the first state to adopt statewide a textbook for study of the Bible as literature in public schools, according to a press release yesterday by the Bible Literacy Project. The Bible and Its Influence can now be purchased with state funds by any Alabama school for use as the sole textbook in an elective Literature course. The book which is being used in 163 schools in 35 states has the support of experts in literature, religion and church-state law. (See prior posting.) However, the book still has its critics. (See prior posting.)

Sweden May Ban Religious Doctrine in Parochial Schools' Secular Courses

According to yesterday's International Herald Tribune, Sweden's Education Minister Jan Bjorklund is drafting rules that would prohibit private religiously-affiliated schools from introducing religious elements into secular courses such as biology. The new rules, which will need Parliamentary approval in order to become effective, are designed to protect students from all forms of fundamentalism. They will also require private confessional schools to report their financial donations to authorities. The rules were drafted after a county adminnistrative court gave permission to the Exclusive Brethren Christian Fellowship to start a school. The group rejects the theory of evolution.

Cert. Denied In Prisoner Free Exercise Case

Among the cases in which the U.S. Supreme Court denied certiorari today was a prisoner free exercise case-- Washington v. Corrections Corporation of America, (Docket No. 07-5911). (Order List). The 10th Circuit in its Oct. 3, 2006 opinion rejected an Oklahoma prisoner's claims because he had not used prison grievance procedures to exhaust his administrative remedies, as required by the Prison Litigation Reform Act. According to the 10th Circuit, prisoner Marvin Washington claimed, among other things:

that as a "Black Hebrew Isralist [sic]" he was arbitrarily denied a Kosher diet and the use of prayer oils.... He contends that he was informed that only Islamists and Wiccans could receive prayer oils and that only Jews could be served a Kosher diet. Finally, [he] contends that the prison grocery's more than 300 percent markup of certain items violated his Eighth Amendment right to be free from cruel and unusual punishment, as well as the state and federal usury laws, and RICO.

Another Mt. Soledad Cross Decision-- Quashing of Subpoena Affirmed

In the ongoing challenge to Congressional legislation that transfered the Mt. Soledad Veterans' Memorial (with its Mt. Soledad Cross) to the federal government, last month a California federal magistrate judge quashed plaintiffs' attempt to depose Thomas More Law Center regional director Charles Li Mandri. Li Mandri gave advice to the principal sponsors of the federal law. (See prior posting.) Plaintiffs then filed objections to the magistrate's order. Last week a federal district judge rejected those objections.

In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 75787 (SD CA, Oct. 11, 2007), the court held that nothing Li Mandri might say would likely lead to the discovery of relevant evidence on whether a reasonable observer would consider the legislation to have the effect of endorsing religion. A reasonable observer would not look to the views of advocacy groups, nor would an observer consider private information that had not been disclosed. The court also agreed with the magistrate's concerns about limits imposed by the Speech or Debate clause of the Constitution and about protecting non-party activists and political opponents from harassment.

Illinois Teacher Says He Will Challenge Moment of Silence Law

A Waukegan, (IL) teacher says he hopes to file a court challenge to Illinois' new law that requires him to begin each class with a moment of silence. Yesterday's Lake County (IL) News-Sun reported that the teacher, Brian Bown, unsuccessfully challenged a similar law passed by Georgia in 1994. (Bown v. Gwinnett County School Dist., (11th Cir. May 6, 1997)). There, Bown said, a church had encouraged school children to bring their Bibles to class and recite the Lord's Prayer during the moment of silence. His challenge to the Georgia law led to legislative investigations and personal harassment that affected his health.

Recent Article and Books of Interest

Recent Article from SSRN:

• [removed per request of author].

Recent and Forthcoming Books:

• Gary Wills, Head and Heart: American Christianities, (Penguin Press, October 4, 2007), reviewed by the Los Angeles Times.
  
• Bruce David Forbes, Christmas-- A Candid History (Univ. of Calif. Press, Oct. 2007).
  
• Sana Haroon, Frontier of Faith-- Islam in the Indo-Afghan Borderland, (Columbia Univ. Press, Jan. 2008).
• Bruce Lincoln, Religion, Empire, and Torture: The Case of Achaemenian Persia, with a Postscript on Abu Ghraib, (Univ. of Chicago Press, Spring 2007).
• Abbas Amanat & Frank Griffel (eds.), Shari'a-- Islamic Law in the Contemporary Context , (Stanford Univ. Press, 2007).

Struggling Catholic Schools Considering Charter School Status

In Denver, Colorado, a small Catholic dual-language school that is struggling financially is considering converting to become a public charter school. Yesterday's Denver Post reports that Escuela de Guadalupe is part of a possible national trend, as eight Catholic schools in Washington, D.C. also debate possible conversion to charter status. In order to convert, the school must drop all of its religious instruction. However Barry Lynn, executive director of Americans United for Separation of Church and State, said: "Frequently the 'recreated' schools look suspiciously like the pre-recreated schools.... They say they're re-created but in fact it's the same school with the same curriculum and teachers." In an ABC News story last week, the Interim Principal of one of the D.C. Catholic schools that is moving to convert to charter status is quoted: "We can still teach the kids and love the kids in a Christ-like way without having to talk about Christ."

European Baptists Protest Conviction of Pastor In Azerbaijan

Ekklesia reports today that Baptists around Europe are renewing their efforts to obtain the release of Baptist Pastor Zaur Balaev who was sentenced to two years in prison by a court in Azerbaijan. Earlier this month, an appeals court rejected Balaev's appeal of his sentence. Forum 18 reported that the conviction stems from a raid by police last May on an "illegal religious service" by Balaev's unregistered congregation. Over the years, authorities have repeatedly refused applications for registration by the congregation in Aliabad in far north-west Azerbaijan. Police say that when they raided the service, Balaev attacked them. Balaev was charged under Article 315, Part 1 of the Criminal Code, which prohibits the application or threat of violence to a state representative carrying out official duties. Balaev now plans to appeal to Azerbaijan's Supreme Court, and will take his case to the European Court of Human rights if necessary.

Arkansas School Still Runs Released-Time Program For Religious Instruction

Around the country, some public schools still have "released time" programs in which students, with their parent's permission, go off-premises for a portion of the day for religious studies. Today's Arkansas Democrat Gazette carries a lengthy description of the 70-year old overtly Christian released time program for grades K through 3 in Gravette, Arkansas. Once a week, volunteers escort the 95% of the children who participate down a 100-foot long sidewalk to Gravette’s Storytime Bible Studies building. The building is on a 50-foot wide piece of private property between the town's elementary and upper elementary schools. For 30 minutes, the children hear Bible stories and sing religious songs. The students who do not participate remain in class where teachers either go on with lesson plans or work individually with them. Until 1989, Gravette offered the Bible Studies program in the school building. However a federal district court, in a decision that was affirmed without opinion by the 8th Circuit, found that practice to be unconstitutional. Doe v. Human, 725 F. Supp. 1503 (WD AR, 1989) [LEXIS link], affd. 923 F.2d 857 (8th Cir., 1990).

New York's Syrian Jews Enforce Strict Edict Against Intermarriage

Do religious institutions retain any power to enforce rules over their members in an open society like that in the United States when civil courts clearly will not act as enforcers? Today's New York Times Magazine carries a long article on how the economically thriving 75,000-member Syrian Jewish community in Brooklyn has been successful in carrying out a rabbinic Edict issued over 70 years ago. The unusual Edict bars the community's Syrian Jews not only from marrying non-Jews, but also from marrying converts to Judaism. The few who ignore the ban are effectively ostracized by the community, including their own families.

Memphis Churches Charged With Improper Endorsement of Candidates

Americans United for Separation of Church and State has filed a complaint with the Internal Revenue Service claiming that three churches in Memphis, TN endorsed candidates in the city's Oct. 4 mayoral race. Federal tax law prohibits non-profits from making partisan endorsements. (IRS fact sheet.) Today's Memphis Commercial Appeal reports that at Oak Grove Missionary Baptist Church, Greater Community Temple Church of God in Christ and Trinity Church and Christian Center, the pastors specifically expressed support for one or the other mayoral candidates after the candidate appeared at Sunday services. In the race, incumbent Mayor Willie Herenton won a fifth term over challenger Carol Chumney.

Pakistan's Red Mosque Attracts Crowds After Court-Ordered Reopening

Today's Washington Post reports that "huge numbers of newcomers have been attracted to prayer at the Red Mosque" in Islamabad, Pakistan, now that it has been reopened. The radical mosque (see prior posting), known in Urdu as "Lal Masjid", was closed after a government troops raided it in July. On Oct. 2, Pakistan's Supreme Court ordered the mosque reopened. (IRNA). The Post reports that again worshippers at the mosque are calling for a Taliban style government in Pakistan, as they vow to repaint the mosque its traditional red. The government had painted it yellow after it took over in July.

Paper Profiles Faith-Based Prison Programs

USA Today this week end looks in-depth at faith-based prison facilities. While concluding that it is unclear whether the programs reduce recidivism, the article reports positively on the impact they have on individual prisoners who, for the first time, feel they are being treated with respect:

[E]vidence is strong that violence and trouble-making drop sharply in these programs, and they often are the only vibrant rehabilitation option at a time when taxpayer-funded alternatives have been cut back.

Elizabeth Alexander, director of the American Civil Liberties Union's National Prison Project, has qualms about whether the faith-based programs are fair to non-Christian inmates but hesitates to criticize them because they fill a void. Two decades of tough-on-crime policies have sharply reduced the number of rehabilitative prison programs, she said, and volunteer-driven religious initiatives offer states a low-cost way to meet some of the demand.

A federal district court decision in Iowa finding state support for InnerChange's faith-based prison program unconstitutional is now on appeal. (See prior posting.)

Boston Area Chabad Congregation Gets Controversial Zoning Approval

Today's Boston Globe reports that the Board of Aldermen in Newton Highlands (MA) have given in to a Chabad Orthodox Jewish congregation and voted to permit them to build a new synagogue building on property the congregation owns, even though the facility will have 60 fewer parking spaces than zoning rules require. Beth Menachem Chabad argued that since their members generally walk to services on Saturday, the added parking spaces are not needed. Opponents say that inevitably the building will be used for other events that require parking. The battle over municipal approval of the building has included charges by Beth Menachem members that officials who opposed the building plans were anti-Semitic.

Abuses In Federal Employee Religious Comp Time Reported

Federal law (5 USC Sec. 5550a) provides that a federal employee “whose personal religious beliefs require the abstention from work during certain periods of time, may elect to engage in overtime work for time lost for meeting those religious requirements.” An investigative article in yesterday’s Washington Post documents numerous abuses of these religious comp time provisions. Some federal employees have used the comp time for vacations instead of religious observances, while others have received large amounts when they retired to pay them for accrued religious comp time. The Post reports that the Bush administration has publicized the availability of religious comp time in various ways, and has told federal workers that they can be paid for unused religious comp time when they leave federal employment. [Thanks to Steven Jamar via Religionlaw for the lead.]

President, New York City, Mark Eid al-Fitr

Eid al-Fitr, the holiday marking the end of Ramadan, began this weekend for Muslims around the world. (Voice of America.) On Thursday, the White House released a message from the President sending greetings to Muslims in the United States and around the world who are celebrating the festival. (Full text.) President Bush said in part: “Our Nation is proud to be a land of many beliefs, and our society is enriched by our Muslim citizens.” For the first time, New York’s Empire State building will be lit up in green—the symbol of a happy occasion in Islam—to mark the holiday. This will be done annually, just as the building is also lit for the celebrations of Christmas and Hanukkah. (Voice of America).

Litigation On Ousting Virginia Pastor Continues

Today’s Hampton Roads (VA) Daily Press reports that a state court in Gloucester, Virginia has refused to dismiss a lawsuit filed by seven members of Zion Hill Baptist Church who want to fire the church’s pastor. Plaintiffs have requested the court to oversee a members’ meeting at which the congregation will vote on whether or not to dismiss Rev. Leon Abbott. The court rejected Abbott’s argument that plaintiffs are not members and therefore are not eligible to file the lawsuit. Meanwhile, though, the court refused to enjoin the church from implementing amendments to its constitution adopted last month that require church disputes to go to mediation. Plaintiffs had argued that the amendments were orchestrated by Abbott to consolidate his control. This is the second time this dispute is in court. Last April the court invalidated the results of a meeting that had voted to oust Abbott on the ground that members did not conduct the meeting in accordance with the church’s constitution.

Christian Groups In UK Oppose Homophobic Incitement Ban

Last Monday, according to the London Times, Jack Straw, Great Britain’s Justice Secretary, announced the government’s plans to introduce as part of a pending Criminal Justice and Immigration bill a provision that will outlaw inciting hatred against an individual on the basis of the person’s sexual orientation. CNSNews reported later in the week on the growing opposition by Christian groups to the proposed ban on incitement of homophobic hatred. A spokesman for Britain’s Evangelical Alliance warned that unless definitions are drawn very carefully, the new law could infringe free speech rights of those who are opposed to homosexual conduct. The Christian Institute warned: “Reasonable statements of Christian belief are often characterized as ‘hatred’ by people who strongly disagree with them.”

Illinois Legislature Overrides Veto of Required Moment of Silence

The Illinois legislature has overridden Gov. Rod Blagojevich's veto of SB 1463, the Silent Reflection and Student Prayer Act, according to yesterday's St. Louis Post Dispatch. (See prior related posting.) The bill requires public school teachers to begin each school day with a "moment of silence"for prayer or reflection. The governor's veto message said that the previous optional moment of silence struck "the right balance between the principles echoed in our constitution, and our deeply held desire to practice our faith." The vote to override in the Senate last week was 42-9; the vote yesterday in the House was 74-37.

Capitol Architect Will Now Allow Religious References On Flag Certificates

Members of Congress offer their constituents the opportunity to purchase an American flag that has actually been flown over the Capitol building for a few minutes. The flag is accompanied by a certificate of authenticity that includes a dedication authored by the constituent. Since the 1970's, the Office of the Architect of the Capitol-- the office that flies the flags and makes up the certificates-- has taken the position that the certificate should not contain religious or political expressions. This limitation became the center of controversy last month when a constituent complained to Ohio Rep. Michael Turner that his requested inscription was edited because it made reference to his grandfather's love of God, country and family.

Rep. Turner quickly issued a critical statement equating the policy with attempts "to take God from the Pledge of Allegiance". Fox News reported yesterday that Acting Capitol Architect Stephen T. Ayers has now changed the policy and will no longer censor the contents of notes on the certificate accompanying flags. A release issued yesterday by Ayers' office said that the "rules have been inconsistently applied" and that it is beyond the scope of the Capitol Architect's responsibilities to censor messages from members of Congress. It continued: "The Architect’s role is to certify that flags are appropriately flown over the U.S. Capitol, and any messages on the flag certificates are personal and between a Member of Congress and his or her constituents." [Thanks to Alliance Alert for the lead.]

Former College Instructor Settles Religious Discrimination Claim

In Florida, Broward County Community College has agreed to pay James H. Johnson, a former adjunct instructor, $250,000 to settle a religious discrimination lawsuit that he filed against the school. Today's Miami Herald reports on the settlement. Johnson had charged that BCC's Philosophy and Religion Department favored evangelical Protestants, and discriminated against him as a Catholic, in hiring, promotion and class assignments. A jury agreed with Johnson, but awarded him no damages. (See prior posting.) Johnson had planned to appeal the denial of damages.

Case Must Decide If Minor Can Choose Religion Against Wishes of His Parent

An article published yesterday by the Forward discusses an interesting custody case that poses the question of the extent to which courts will allow teenagers to make their own religious decisions instead of deferring to the wishes of the custodial parent. Robert Solko and his former wife Julie Ann Bergmann were both Orthodox Jews and raised their their four children in that tradition in Kansas City, Kansas. The couple divorced in 1994 at which time Bergmann moved with the children to the ultra-Orthodox Flatbush neighborhood in Brooklyn.

Ten years later, custody of the two children who were still minors was transferred to Solko who had by then moved away from Orthodox Judaism. His three older children are now emancipated and estranged from him. However he still has legal custody of 13-year old Ephraim who wishes to continue to practice Orthodox Judaism. Solko however forbids his son from practicing traditions such as keeping kosher and wearing a yarmulke. This has led Ephraim to attempt to run away from home. His mother is attempting to obtain a change in custody so that Ephraim can attend school in Brooklyn and merely spend the summers with his father.

In the case, a group of child advocates has filed an amicus brief arguing that the boy should be able to make his own religious decisions, free from the views of either his parents or the court. Interestingly, the Orthodox Jewish group Agudath Israel, which has in the past supported parental rights, has now joined this brief. [Thanks to Jack Shattuck for the lead.]

State Highway Signs Pointing To Creation Museum Questioned

In Kentucky, as in other states, a tourist attraction that draws enough visitors can-- for a price-- have highway signs put up by the state indicating the highway exits that leads to the attraction. Cincinnati Post columnist Kevin Eigelbach yesterday questioned the propriety of Kentucky's erecting four of these signs directing visitors to Boone County, Kentucky's Creation Museum. Rules require that a committee of transportation and commerce officials consider applications for signs. They are available only for cultural, historical, recreational, agricultural, educational or entertainment sites. Barry Lynn, executive director of Americans United for Separation of Church and State, said it is a "close call" whether the state's support of the museum violates the Constitution's Establishment Clause. At any rate he thought it was bad policy, saying: "It just seems foolish for a state to promote a kind of monument to ignorance anyway, and this certainly does that."

Spain's Catholic Church May Lose Funds Because of Bill Condemning Franco Era

Spain's ruling Socialist Party finds itself in an odd conflict with the Roman Catholic Church as the country's legislature moves to make amends for atrocities committed two generations ago. The Associated Press reported yesterday that a pending bill that will condemn the 40-year rule of dictator Francisco Franco also calls for the removal of all publicly-displayed symbols that honor the Franco regime. Government aid and subsidies will be denied any organization that fails to follow this mandate. Some Catholic churches in Spain display plaques with names of pro-Franco fighters who died in the 1936-39 Spanish Civil War, paying tribute to them as men who have "fallen for God and for Spain". Under the new legislation, if Churches do not remove these plaques, they will lose government aid. Spain's government pays the salaries of religion teachers in state subsidized schools, and also permits Spaniards to earmark a small portion of their income tax for the Church.

Innovative Settlement Reached In Pharmacists' Challenge To IL Rules

An innovative settlement has been reached in a suit by pharmacists challenging Illinois' rules requiring all pharmacies to fill prescriptions for Plan B emergency contraceptives. (See prior posting.) Under the agreement filed in federal district court last week, the state would change its rules so that pharmacies could have the prescription approved by phone or fax by an off-site pharmacist. The drug would then be delivered to the customer by the pharmacy owner or another employee instead of by the on-site pharmacist who has moral or religious objections to dispensing it. Yesterday's Chicago Tribune says that the settlement gives the state until March 3 to amend its rules. [Thanks to Blog from the Capital for the lead.]

3rd Circuit: Federal Employee Cannot Use RFRA For Employment Discrimination

In Francis v. Mineta, (3rd Cir., Oct. 10, 2007), the U.S. 3rd Circuit Court of Appeals held that Title VII of the 1964 Civil Rights Act is the exclusive route that a federal employee may use to assert a claim of religious discrimination in employment. The court held that a Transportation Security Administration screener fired for wearing dreadlocks in violation of the TSA's grooming policy cannot use the Religious Freedom Restoration Act as a way of avoiding Title VII's requirement that administrative remedies be exhausted before a lawsuit is filed.

Detroit Student Gets TRO Permitting Him To Attend Class With Long Hair

In Wayne County, Michigan, a state court has issued a temporary restraining order requiring Detroit's Old Redford Academy, a college-preparatory charter high school, to temporarily readmit 14-year old Claudius Benson II who refuses to cut his hair as required by the school's dress code. Today's Detroit Free Press reports that the high schooler has not had his hair cut for ten years because of his mother's Old Testament religious beliefs. Circuit Judge Kathleen Macdonald held that the school should permit Benson to attend classes while the court is considering his challenge to the school's dress code.

The lawsuit, filed by the Michigan Civil Liberties Union, argues that under the state Constitution and Michigan's civil rights law the school is required to grant Benson a religious exemption from the school's grooming rules. (Full text of complaint.) Fox News gives additional background on the case. Originally the complaint also contained federal law claims, but after the school removed the case to federal court, the ACLU withdrew the lawsuit and refiled it in state court with only state law allegations. (Oct. 5 Detroit Free Press.)

New Hampshire Court Refuses To Order Co-Use of Presbyterian Church By Factions

Last Friday, a Rockingham County, New Hampshire, Superior Court Judge refused to issue an injunction ordering co-use of Londonderry's Presbyterian Church by two feuding groups. Today's Manchester Union-Leader reports that last month, 200 members of the church voted to disaffiliate from the Presbyterian Church USA and join the more conservative New Wineskins association of Presbyterian churches. Following the court's decision, the New Wineskins changed all the locks on the church, preventing the "continuing congregation," the group that wants to stay affiliated with the national Presbyterian Church, from using the building for services. So last Sunday long-time pastor Dr. John Mokkosian held service under a tree on the front lawn.

Two To Be Sentenced For Obtaining False Religious Licenses For Cuba Travel

In Miami, Florida later this week and next two men will be sentenced after being convicted in a scheme in which they fraudulently obtained religious travel licenses for travel to Cuba. Today's Miami Herald reports that Victor Vazquez and David Margolis created phony churches to apply for the licenses. They then sold the right to travel under these permits to some 6,500 people. One of the few ways for Americans to legally travel to Cuba is under this type of religious travel permit that is issued by the U.S. Treasury Department's Office of Foreign Assets Control . 31 CFR Sec. 515.566 sets out the rules for obtaining licenses for religious activities in Cuba.

President To Attend Presentation of Congressional Medal To Dalai Lama

Next Wednesday, members of Congress will hold a Capitol Hill ceremony at which House Speaker Nancy Pelosi will award the Dalai Lama the Congressional Gold Medal that was authorized last year. AFP reports that President George Bush and First Lady Laura Bush will attend the ceremony, even though this will anger the government of China that considers the award an interference in China's internal affairs. It views the Dalia Lama as a political exile who wants independence for Tibet. This will be the first time that a sitting U.S. President has appeared at a public event with the 72-year old Buddhist spiritual leader.

Federal Faith-Based Grants Announced

The Department of Health and Human Services has awarded $57.8 million in grants to 387 faith-based and community organizations (list of grantees), according to a report published Monday by the Roundtable on Religion and Social Welfare Policy. The grants were awarded from the Compassion Capital Fund, an important part of President Bush's Faith Based and Community Initiative. This year's awards included 37 grants to Demonstration Program intermediary organizations; 131 organizations received grants under the Communities Empowering Youth program; the remaining grants were under the Targeted Capacity Building Program and went for programs that focus on homeless persons, rural communities, at-risk youth and strengthening marriages. [Thanks to Blog from the Capital for the lead.]

Tunisian Court Strikes Down Ban on Wearing Muslim Veil

An Administrative Court judge in Tunisia has held that Circular No. 102, issued in 1986, that prohibits Muslim women from wearing the veil, is unconstitutional. Magharebia yesterday reported that the ruling issued last week calls on the Ministry of Education to reinstate teacher Saiida Adali who had been suspended for wearing a veil to work. The court also called for the Ministry to pay Adali damages. The ban on the veil was originally adopted twenty years ago to prevent the spread of radical Islam in the wake of the Iranian Revolution. The Administrative Court, however, ruled that the ban "interferes in personal freedoms, since such dress expresses distinctively cultural, religious and intellectual belonging and reflects personal inclination."

Tensions In Europe Over Muslim Presence Examined

The Organization for Security and Co-operation in Europe (OSCE) is sponsoring a conference in Cordoba, Spain on Intolerance and Discrimination Against Muslims. SwissInfo today interviewed Switzerland's Deputy State Secretary of Foreign Affairs, Anton Thalmann, who spoke at the conference. Thalmann said that religious intolerance affects fundamental Swiss values. Meanwhile today's Guardian reports on growing tensions in Switzerland and elsewhere in Europe over the construction of mosques, minarets and Islamic culture centers, as some Europeans attempt to keep their cities culturally Christian.

Applicability of NY Human Rights Laws To Students Being Challenged

The Ithaca City School District is challenging the applicability of New York's Human Rights Law to public school students. The Ithaca Journal reports on impassioned testimony at yesterday's school board meeting. Parents, students and community members are asking the board to drop its challenge that is pending in an appeal of a case in which the district is charged with failing to protect a student from racial harassment. The Human Rights Law prohibits religious discrimination, as well as discrimination on the basis of race, gender, sexual orientation, disability, genetic characteristics, or military or marital status. The school district is arguing that the law's coverage does not extend to public school students. It claims that the public hearing procedures in discrimination cases heard by the New York Division of Human Rights forces schools to violate federal student privacy laws in order to mount a defense. Civil rights groups are planning to ask the New York legislature to amend the law to make it clear that it does apply to public school students.

Group Claims Sex Ed Curriculum Will Lead To Religious Discrimination

Conservative groups are raising a new kind of religious objection to Montgomery County, Maryland's sexual education curriculum. A group called Citizens for Responsible Curriculum argues that the new curriculum will lead to intolerance against those who oppose homosexuality on religious grounds. Today's Examiner reports that Maryland Circuit Court Judge William Rowan III yesterday refused to enjoin the schools from implementing the curriculum while challenges to it are pending. An appeal of the Maryland State Board of Education's approval of the curriculum will be heard by the court in January.

Conscientious Objector's Trial Delayed As Amnesty International Expresses Concern

Army First Lieutenant Ehren Watada's court martial on charges that he refused to deploy with his unit to Iraq in June 2006 was scheduled to begin yesterday. However, a federal judge in Washington state ordered the Army to delay the trial. Honolulu's KNHL reports that Watada's lawyer says the court martial would amount to double jeopardy because an earlier court martial ended in a mistrial. Watada is a conscientious objector-- not to all wars, but to the war in Iraq. Because he does not object to all wars, U.S. law would not grant him CO status. Last week Amensty International expressed serious concern over Watada's fate. It said: "The right to refuse to perform military service for reasons of conscience, thought or religion is protected under international human rights standards, including the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR), which the US has ratified."

Michigan Town Will Vote On Creche Display

The Nov. 6 ballot in Berkley, Michigan will include a proposed Charter Amendment that would require the city to display a Nativity scene on city hall property every year from the Monday following Thanksgiving until January 6. (See prior related posting.) The ballot measure calls for the display to also include gift packages, colored lights, a "Seasons Greetings" sign, and a Santa Claus figure. Last year, after the ACLU raised objections to the city's traditional creche display, city council ultimately decided to turn it over to local churches to display on a rotating basis. (See prior posting.) This led to the formation of Berkley Citizens Vote YES to Christmas Holiday that is backing the ballot measure. Today's Berkley Daily Tribune reports that Berkley Mayor Marilyn Stephen and a majority of City Council members have signed a letter opposing the ballot proposal.

California Councilman Insists On Arguing Against Church-State Separation

Today's San Diego Union-Tribune reports on efforts of El Cajon (CA) City Council member Bob McClellan to use Council meetings to argue for more religion in government. Last month, McClellan, an evangelical Christian, began placing an item on Council's agenda labelled "Bob's Constitutional Moments". He used the time to quote from historical documents to argue that the nation's founders did not favor separation of church and state. Last week, however, City Attorney Morgan Foley sent a memo to council recommending that the agenda item be dropped in order to avoid embroiling the city in protracted and expensive church-state litigation. So at last night's meeting, McClellan instead spoke at the end of the public comment period of the meeting. However he ignored the city attorney's recommendation that he "be required to leave his seat on the dais and stand at the podium in order to send the clear message that his comments express opinions of his own and not necessarily those of the entire City Council, or the City of El Cajon."

European Human Rights Court Says Turkey's School Curriculum Violates ECHR

Yesterday in Case of Hasan & Eylem Zengin v. Turkey, (ECHR, Oct. 9, 2007), the European Court of Human Rights held that compulsory courses on religious culture and ethics in Turkish primary and secondary schools are taught in a way that violates the European Convention on Human Rights. Protocol No. 1, Art. 2 of the ECHR provides:

In the exercise of any functions which it assumes in relation to education and to teaching, the State shall respect the right of parents to ensure such education and teaching in conformity with their own religious and philosophical convictions.

The suit was brought by Hasan Zengin and his daughter Eylem, members of the Alevi faith, after Turkish authorities refused to exempt Eylem from the required religion and culture classes. Today's Zaman traces the background of the case. The ECHR held that the courses do not meet the criteria of objectivity and pluralism, and fail to respect the philosophical convictions of Hasan Zengin. The Court also observed that the exemption procedure does not provide sufficient protection to parents who believe the course is likely to create a conflict of allegiance in their children between the school and their own values.

UPDATE: On Thursday, Turkey's ruling Justice and Development Party agreed to implement the court's ruling by allowing students to opt out of existing courses on religion that emphasize Islam. However, those who do will be required to take "universal religious knowledge" courses in which all religions are covered equally. (Today's Zaman.)

Ohio House Speaker Ends Advance Submission of Invocations

Last May, the Clerk of the Ohio House of Representatives sent a memo to all House members urging respect for the then-House policy on invocations by guest ministers. Prayers were to be non-denominational, non-sectarian and non-proselytizing, and were to be submitted 72 hours in advance. (See prior posting.) Now an Alliance Defense Fund release reports that Ohio House Speaker Jon Husted has changed that policy. Husted sent a memo last month to the House Clerk stating: "Throughout the past few months I reflected and prayed upon an issue of great importance ... the issue is that of protecting prayer. After thoughtful deliberation, including the consideration of hiring a House chaplain, I have determined that our current guest minister program is working quite well.... [W]hile the Ohio House ... is under my leadership, we will not censor the content of prayers given prior to a House session. Please implement this policy immediately."

Suit Challenges Denial of High School Credit For Religious Community Service

Liberty Counsel announced yesterday that it has filed suit against the Long Beach (CA) Unified School District, challenging its Community Service Learning requirement rules as discriminatory. All district high school students must complete at least 40 hours of community service in order to graduate. The lawsuit was filed on behalf of 15-year old Chris Rand who was denied credit for 80 hours of work with children he performed at the Long Beach Alliance Church. The lawsuit claims that no credit will be granted for service to religious communities. However, the current Student Service Learning Manual grants credit for religiously sponsored social service activities. It denies credit for teaching about religion, helping with religious services (including babysitting) recruiting members, or providing merely office or maintenance work. The Long Beach Press-Telegram quotes a school district spokesman who said that work at churches counts as long as it is not designed "to enhance a religion". That restriction, he said, results from church-state separation concerns.

Quebec Advisory Council Urges Ban On Religious Symbols Worn By Civil Servants

In Canada, Quebec's Council on the Status of Women is urging the province to ban public employees from wearing visible religious symbols on the job, according to today's National Post. The 20-member government advisory board says it is attempting to protect the religious neutrality of government institutions. The proposed ban would apply to "ostentatious" religious symbols, such as large Christian crosses, Sikh turbans and Jewish yarmulkes. Particularly at issue, however, are the hijab (headscarf) and niqab (full face veil) worn by some Muslim women. Focusing on school teachers, the Council said : "The niqab sends a message of the submission of a woman, which should not be conveyed to young children as part of a secular education, which is required to promote equality between men and women." In 1995, according to today's National Post, the Council urged schools to permit students to wear the hijab. The new recommendation that would apply to teachers and other public servants is similar to a ban enforced in France.

Gated Community Bars Religious Statues In Garden Areas

Yesterday's Newsday reports that a homeowners' association board in a gated community in Medford, New York has created controversy by banning religious statues, bird feeders and birdbaths from all common areas, including gardens outside individual condominiums. This has forced Gloria Gamarano to remove a statue of the Virgin Mary from her garden. Another resident was told to remove from her garden a decorative statute of St. Francis of Assisi that contained a small birdbath. The Catholic League for Religious and Civil Rights has criticized the rule as discriminatory against people of faith. Arlene Crandall, president of the homeowners' board, says the goal was to eliminate from commons areas statues that appeal only to one segment of the community's population.

HHS Anti-Terrorism Grants to Non-Profits Went Mainly To Jewish Institutions

At the end of September, the U.S. Department of Homeland Security announced the award of 308 grants totalling $24 million to non-profit institutions to help potential terrorism targets harden their defenses, improve screening and train personnel in terrorism preparedness. Last Thursday Haaretz reported that 76% of the grants went to Jewish institutions. For example, the Chabad Israeli Center of Greater Washington received funds to purchase security cameras, anti-burglar lights, intercoms and concrete barriers to stop cars. According to the AP, other grantees included American Muslims for Emergency and Relief in Miami, the American Red Cross in Washington, D.C., St. Michael's Medical Center in Newark, N.J., and Harper-Hutzel Hospital in Detroit.

Recent Prisoner Free Exercise Cases

In Norwood v. Strada, (3d Cir., Sept. 25, 2007), the U.S. 3rd Circuit Court of Appeals affirmed a lower court's dismissal of a claim by a Muslim held in a federal prison that his religious freedom rights protected by RFRA were violated when he was denied a religiously acceptable Halal diet for 3 days during an emergency prison lock-down.

In Keith v. Hawk-Sawyer, 2007 U.S. Dist. LEXIS 72597 (SD IL, Sept. 28, 2007), an Illinois federal district court dismissed a prisoner's attempt to get the federal Bureau of Prisons to recognize the Christian Identity religion. It found no case or controversy as to some of the defendants, and held the case was moot as to others.

In Williams v. Miller, 2007 U.S. Dist. LEXIS 72552 (SD IL, Sept. 28, 2007), an Illinois federal district court held that whether a prisoner was sincere in his attempt to have his religious affiliation changed from Catholic to Jewish in prison records poses factual issues that cannot be decided in a motion for summary judgment. Only by getting his religious designation changed could plaintiff obtain kosher meals and Jewish religious texts and accessories.

In Jones v. Shabazz, 2007 U.S. Dist. LEXIS 72640 (SD TX, Sept. 28, 2007), a Texas federal district court rejected almost all of the many claims raised by a Nation of Islam prisoner who complained that Texas prison chaplains and administrative officials denied him and other NOI inmates access to religious videotapes, DVDs, books, newspapers, and prayer oil; that they refused to accommodate religious practices as to diet, charity and modesty, and the use of plaintiff's religious name; and that they discriminated against NOI inmates in hiring of chaplains and furnishing religious services. Only the prayer oil claim and a claim regarding a requirement that plaintiff stand nude after strip searches and showers survived immediate dismissal.

In Hunt v. Miller, 2007 U.S. Dist. LEXIS 73907 (ND IN, Sept. 28, 2007), an Indiana federal district court held that while "the Constitution allows jails ... to employ chaplains to provide religious services, ... the First Amendment's free exercise clause does not require small jails to hire chaplains or take other affirmative steps to assist prisoners in practicing their religion."

In Toler v. Leopold, 2007 U.S. Dist. LEXIS 73232 (ED MO, Oct. 1, 2007), a Missouri federal district court dismissed a RLUIPA claim against the Missouri Department of Corrections, finding that RLUIPA does not waive a state's 11th Amendment immunity from damage suits.