Suit Challenges New York's Charter Schools Act and Blaine Amendment

The Gotham Legal Foundation announced yesterday that it has filed suit in federal district court in Manhattan challenging a provision in New York's Charter Schools Act that prohibits the state's issuance of a charter to any school "that would be wholly or in part under the control or direction of any religious denomination, or in which any denominational tenet or doctrine would be taught." That prohibition is required by provisions in the New York Constitution (Art. XI, Sec. 3). New York and other states adopted this kind of constitutional prohibition-- known as the Blaine Amendment-- in the late 19th century to prohibit public funding of Catholic schools.

The suit just filed was brought on behalf of the New Horizon Church Ministry that wishes to submit a charter application. The complaint in New Horizon Church Ministry v. Spitzer, (full text) claims that the Charter Schools Act and the state's Blaine Amendment violate federal constitutional guarantees of equal protection, free exercise of religion and free speech.Gotham Legal Foundation has posted online a series of questions and answers about the case.

Some Oklahoma Legislators Spurn Gift of Copy of the Quran

In 2004, Oklahoma's Governor Brad Henry issued Executive Order 04-21 creating the Governor's Ethnic American Advisory Council. The Council is to promote equal rights and religious freedom for Americans from Middle Eastern and Near Eastern communities. Carrying out that mission, Chairperson Marjan Seirafi-Pour recently e-mailed each state senator and representative offering a copy of the Quran decorated with the state’s centennial seal. The e-mail closed with the statement that the legislator should let the Council know if the lawmaker not want to receive the gift. The AP reported yesterday that now at least 24 legislators have refused a copy after state Rep. Rex Duncan said that he did not want a book that endorses the idea of killing innocent women and children in the name of ideology.

Other legislators are taking somewhat more nuanced stands. House Speaker Lance Cargill says he will accept the gift, but "as a measure of goodwill" would present the Council with a copy of the Centennial edition of the Bible published by Oklahoma Baptists. Rep. George Faught said he was refusing the Quran not out of racial or ethnic hate, but because "As a Christian, I view the Holy Bible as God’s inerrant, inspired word and try every day to apply the teachings of Christ to all areas of my life." Council chair Seirafi-Pour lamented that one reason the decision was made to distribute the Quran was to give lawmakers accurate information about Islam.

Austrian Provincial Parliament Wants To Ban Mosque Construction

The Parliament of the Austrian province of Carinthia has voted to ask the government to draft legislation that would ban the construction of mosques or minarets in the province. M&C reported yesterday that the proposal, favored by Carinthia's governor, Joerg Haider, is seen by opponents as merely an attempt to attract right-wing voters since there are no plans for mosque construction in the province. Conservatives who voted for the measure said they do not intend to prevent Muslims from practicing their religion, but that a mosque is not merely a place of worship; it is an "institution of a cultural community".

Louisiana Tries To Correct Appropriations To Churches

Now that a federal district court has found Louisiana's unrestricted appropriation of state funds to two churches to be a clear violation of the Establishment Clause (see prior posting), Louisiana's legislature has approved language making it clear that the appropriated funds are to be used only for educational and social service programs. Among the projects that can receive the funds are church-run after-school, senior citizen, hurricane recovery and violence prevention programs. KATC News reports that the Legislature's joint budget committee approved the new language on Thursday, hoping that this would lead the ACLU to dismiss its lawsuit. The court's preliminary injunction currently bars transfer of any state funds to the churches until the court rules finally on the merits. Meanwhile the lawsuit has been amended to add four other churches that were to receive state funds and two non-profits that the ACLU believed might be church organizations.

New Accord Will Protect Rights of Catholics In Bosnia-Herzegovina

Catholic News Service reports that yesterday in the Vatican, a concordat between Bosnia-Herzegovina and the Holy See was formally ratified. The accord that thus went into effect is designed to guarantee religious rights for the Catholic Church in Bosnia-Herzegovina where 15% of the population is Catholic. The new agreement offers some hope for the Catholic Croat community that has been the subject of discrimination in the ethnically divided Balkan nation.

Parents Challenge Nebraska's Metabolic Screening Requirement

Mary and Josue Anaya of Omaha , Nebraska have filed suit in federal district court challenging on religious grounds the constitutionality of Nebraska's requirement that all newborns be screened for various metabolic conditions. Yesterday's Omaha World-Herald reports that the couple is also appealing the state court decision that led to their 6-week old son being temporarily placed in foster care so the testing could be carried out. (See prior posting.) This is not the first time that the Anaya's have pressed this issue. (background). In 2005, the Nebraska Supreme Court rejected a similar constitutional challenge to the metabolic screening law brought when the state insisted on testing their daughter who was born in 2003. (Douglas County, Nebraska v. Anaya, NE Sup. Ct., 2005). Nebraska is one of the few states that has no religious exemption to its screening requirement. (See prior related posting.)

Columbus Ohio School Board Candidates Debate Religion In Schools

Today's Columbus (OH) Dispatch reports on a debate yesterday featuring nine of the ten candidates for Columbus school board. One questioner asked candidates whether they support teaching creationism, open prayer in public schools and students' learning from religious texts. Candidate Mike Wiles replied, "Yes." He later explained that teaching religion to students and exposing them to creationism would make them more well-rounded. He said he does not support separation of church and state. Incumbent candidate Carol L. Perkins said it was a disservice to take organized prayer out of schools, but she did not think it could be returned under present law. She advocated giving students an opportunity to say a silent prayer. Most of the other candidates said they would limit teaching about religion to courses on world cultures. [Thanks to Scott Mange for the lead.]

Anti-Abortion Protesters Lose Free Exercise and Speech Claims

In two separate opinions, a Pennsylvania federal district court has rejected free exercise and free speech claims asserted by two anti-abortion protesters who were prevented by police officers from picketing in an alley that ran next to a York, Pennsylvania Planned Parenthood facility. The court held that the police officers' directives to the protesters were neutral and generally applicable, applying to picketers regardless of their views. The restrictions were narrowly tailored and permitted the protesters to carry signs and distribute literature on sidewalks near the building. There was no evidence that the restrictions were motivated by disagreement with the views of the protesters. The cases are McTernan v. Barth, 2007 U.S. Dist. LEXIS 78567 (MD PA, Oct. 23, 2007), and Snell v. Camacho, 2007 U.S. Dist. LEXIS 78516 (MD PA, Oct. 23, 2007). (See prior related posting.)

AT&T Loses Religious Discrimination Lawsuit

The U.S. Equal Employment Opportunity Commission yesterday announced a $756,000 verdict in a religious discrimination lawsuit in federal district court in Jonesboro, Arkansas. The jury ordered AT&T to pay two Jehovah's Witnesses back pay and compensatory damages for violating Title VII of the 1964 Civil Rights Act. AT&T suspended and then fired two customer service technicians for taking one day off work to attend a week-end long religious convention. The employees, whose religious beliefs required them to attend the convention, had submitted written requests to their manager for permission to attend.

Trial of Westboro Church Anti-Gay Funeral Picketers Opens

Yesterday's Baltimore Sun reports on the opening in Baltimore's federal district court of the trial charging Westboro Baptist Church and its leaders with intentional infliction of emotional distress and invasion of privacy for the picketing of the funeral of Iraq veteran Matthew Snyder. (See prior posting.) Defendant Shirley Phelps-Roper, representing herself, told jurors that protesters remained out of sight, 1,000 feet away from the funeral of Lance Cpl. Snyder. She said that plaintiff Albert Snyder did not even see the picketers on his way to his son's burial. However Snyder's attorney told jurors that his client knew about the protests as he went to the funeral, and that since the funeral Snyder has suffered complications from diabetes. Westboro members regularly picket veterans' funerals to protest alleged U.S. acceptance of homosexuality. Among the signs carried near Snyder's funeral was one that read "Thank God for dead soldiers."

White House Hosts Faith-Based Conference on Human Trafficking

Yesterday, according to a White House news release, the White House Office of Faith-Based and Community Initiatives hosted a forum on "Faith-Based and Community Solutions to Combat Human Trafficking". The program was part of the Office's Compassion in Action Roundtable series. The conference focused on the role of faith-based organizations in "fighting for those coerced into bonded labor, bought and sold in prostitution, exploited in domestic servitude, enslaved in factories and captured to serve unlawfully as child soldiers."

Israel's High Court Overrules Rabbinate's Approach To Sabbatical Year Rules

Haaretz, Arutz Sheva and the Jerusalem Post all report on yesterday's decision by Israel's High Court of Justice that effectively forced the country's Chief Rabbinate to adopt a more liberal interpretation of rules governing agriculture in the country during this Sabbatical year. In the past, Orthodox rabbis in Israel have permitted the sale of produce grown on land technically "sold" to a non-Jew during the year in which Jewish-owned land in Israel is supposed to lie fallow according to religious law. This year, however, the Chief Rabbinate deferred to local rabbis, some of whom refused to certify as kosher produce grown under this legal loophole (known as "heter mechira"). (See prior posting.)

The 3-judge panel of the High Court ordered the Chief Rabbinate to exercise its authority to authorize kashrut certificates for produce grown under heter mechira. In the lawsuit filed by the Plants Production and Marketing Board, the Israel Farmers Federation, and a group of farmers and marketers, the High Court criticized the informal telephone poll that the Chief Rabbinate used to change its prior policy. The court also said that the Rabbinate's had no authority to take this more stringent stance unnecessarily, that its new approch seriously harmed farmers' livelihood, leads to discrimination and results in inequality due to the high prices of produce. The Court, according to Justice Rubenstein, was not expressing a Halakhic (Jewish legal) opinion, but was instead ruling on the administrative validity of the decision by the Chief Rabbinate.

For those interested in following Israeli issues closely, Joel Katz has a new blog and weekly E-Newsletter, Religion and State In Israel. A link to it is also in the Religion Clause sidebar.

5th Circuit Affirms Teacher's Parental Rights Win

Barrow v. Greenville Independent School District, (5th Cir., Oct. 23, 2007), is the latest decision in a long running challenge by a Greenville, Texas public school teacher who was passed over for promotion to Assistant Principal because she refused to move her own children from a private religious school to public school. The court held that under the law of the case, the district court was correct in applying strict scrutiny to the teacher's parental rights claim, even after the jury decided that teacher Karen Jo Barrow's free exercise rights were not infringed. The 5th Circuit also upheld the lower court's award of attorneys' fees to Barrow.

British Consistory Court Refuses Widow's Request To Move Husband's Remains

In the British town of Exeter, a widow, Dorothie Warwick, has lost her bid to have her deceased husband's ashes exhumed and reburied at the Exeter and Devon Crematorium where she could eventually be buried along side him. Her husband, Arthur, is now buried next to his parents in Exeter. Today's London Telegraph reports that while the Exeter City Council granted a license for exhumation, apparently the Church of England Consistory Court has final say in the matter since Arthur is now buried in consecrated ground. The Consistory Court has refused the request, which would involve moving Arthur's remains to unconsecrated grounds, saying that Mrs. Warwick's desire to be buried with her husband away from her in-laws is not a strong enough reason to depart from the normal rule that "a Christian burial is intended to be once and for all".

White House Threatens Veto of ENDA

Democratic leaders in the House of Representatives announced yesterday that they are postponing a vote on the Employment Non-Discrimination Act. (See prior posting.) The Washington Blade reports that differing reasons were given for the postponement. The announcement came several hours after the White House issued an interesting Statement of Administration Policy threatening a possible veto of ENDA:

H.R. 3685 is inconsistent with the right to the free exercise of religion as codified by Congress in the Religious Freedom Restoration Act (RFRA).... For instance, schools that are owned by or directed toward a particular religion are exempted by the bill; but those that emphasize religious principles broadly will find their religious liberties burdened by H.R. 3685.

A second concern is H.R. 3685’s authorization of Federal civil damage actions against State entities, which may violate States’ immunity under the Eleventh Amendment to the U.S. Constitution.

The bill turns on imprecise and subjective terms that would make interpretation, compliance, and enforcement extremely difficult. For instance, the bill establishes liability for acting on "perceived" sexual orientation, or "association" with individuals of a particular sexual orientation.... Provisions of this bill purport to give Federal statutory significance to same-sex marriage rights under State law. These provisions conflict with the Defense of Marriage Act, which defines marriage as the legal union between one man and one woman. The Administration strongly opposes any attempt to weaken this law, which is vital to defending the sanctity of marriage.

The White House concern about same-sex marriage stems from language in Section 8 of the Act: "An unlawful employment practice ... shall include [employment discrimination] ... that is conditioned, in a State in which a person cannot marry a person of the same sex, either on being married or being eligible to marry.

Vietnam Welcomes USCIRF Delegation; Suggests Discussions

A delegation from the U.S. Commission on International Religious Freedom is in Vietnam from Oct. 21 to Nov. 2 to discuss religious liberty and related human rights issues. (USCIRF release). Vietnam has been on the State Department’s list of Countries of Particular Concern until recently, and USCIRF has recommended it be placed back on the list this year. (See prior posting.) Today VietnamNet reports that Prime Minister Nguyen Tan Dung told the visiting delegation that Vietnam is willing to talk with the U.S. about their disagreements on religious freedom matters. He said, however, that there are differences in cultures and legal systems between the two countries, and that the U.S. delegation should avoid imposing its lopsided viewpoints about religious freedom in Vietnam. He also urged the delegation to study the situation of Vietnamese who suffer from Agent Orange dioxin contamination-- a result of U.S. action during the Vietnam War.

UPDATE: On Thursday, Thanhnien News published a transcript of a meeting between USCIRF members in Vietnam and Deputy Minister of Public Security Senior Lieutenant General Nguyen Van Huong. The U.S. delegation inquired of him about a number of religious and human rights issues.

Jewish Group Emphasizes To Congress the Religious Centrality of Jerusalem

As Secretary of State Condoleeza Rice is about to appear before the House Foreign Affairs Committee, the Union of Orthodox Jewish Congregations announced yesterday that it is delivering educational materials to members of Congress emphasizing the centrality of city of Jerusalem in the religion and history of the Jewish people. The material includes a copy of Rabbi Aryeh Kaplan's book, "Jerusalem: Eye of the Universe" (excerpts). The OU's director of public policy, Nathan Diament, said:

With political leaders stating or implying that Jerusalem might be redivided for the sake of a "peace process," we must remind them of basic principles. The holy city of Jerusalem has been central to the spirituality and destiny of Jews for millennia. Forty years ago, Jerusalem was rescued from languishing as a divided city. During the period of 1948-1967, when the city was under Arab jurisdiction, Jews and Christians were barred from their holiest sites. Many holy sites were damaged or destroyed. Western Jerusalem was subjected to daily sniper fire. The duly enacted policy of the United States of America is the recognition that the holy city of Jerusalem as the indivisible capital of the State of Israel.

Myanmar Uses Force Against Monks; Unsettles Society

Today's New York Times reports that in Myanmar, fundamental Burmese values have been unsettled by the government's successful use of force against Buddhist monks who have been demonstrating against the increased poverty and deprivation of the country's population. The Times says: "For decades, two powerful institutions have shaped Burmese life: the 500,000-member Buddhist clergy, which commands a moral authority over the population, and Senior Gen. Than Shwe’s junta, whose 450,000-strong military controls the population through intimidation. Their uneasy coexistence has shattered.... The guns have prevailed over mantras, at least for now." A shop owner in Yangon says his young son now fears becoming a soldier because he may have to kill a monk.

Establishment Clause Claim From Required AA Treatment Is Dismissed

In Davis v. City of New York, 2007 U.S. Dist. LEXIS 78031 (EDNY, Sept. 28, 2007), a police officer in the NYPD alleged a number of constitutional and statutory violations stemming from police officials forcing her into treatment for alcoholism. One of her claims-- that the city violated the Establishment Clause by placing her in a religious-based Alcoholics Anonymous program-- was dismissed because plaintiff alleged only that the AA program was "religious-based", and did not allege that she was forced to pray or worship any god. (See prior related posting.)

Pearland Texas School Board Debates Prayer At Meetings

Yet another school board is battling over whether to continue a long-standing practice of opening its meetings with prayer. This time it is the Pearland Texas Independent School District, near Houston. KTRK TV reported yesterday that Suzy Roberts, one of the board's newest members, questioned the practice at a meeting and then at a board workshop. The suggestion outraged Baptist minister, Reverend Mike Hogg, who showed up with over 200 people at this month's board meeting to press for prayer to remain. Board member Roberts however says that the board should be focusing on excellence in education. She said: "If I'm a Muslim child and the board only prays to Jesus Christ,... I would think, 'Maybe my school doesn't think I matter'."

Proposed Thai Law Will Protect Buddhism

Thailand's National Legislative Assembly today will consider a bill that is designed to protect and promote the Buddhist religion. Today's Bangkok Post reports that the proposed law will impose a jail term of 10-25 years and/or a fine of 500,000-1,000,000 baht (approx. US$16,000 to US$32,000) for insulting, offending, imitating and distorting Buddhism and the Lord Buddha. It calls for a jail term of 5-10 years and/or a fine of 100,000-500,000 baht for damaging Buddhist objects, personnel and places. A similar sentence will be imposed on anyone having sexual relations with a monk, novice or nun, and enhanced penalties are prescribed for assaulting a monk, novice or nun. Also, for the first time, the bill recognizes and promotes the status of nuns in Buddhism. The bill also calls for the creation of a government committee, chaired by the Prime Minister, to promote and protect Buddhism.

Christian Evangelicals Oppose Employment Non-Discrimination Act

Christianity Today reports that a number of conservative Christian evangelical leaders have spoken out against the Employment Non-Discrimination Act (ENDA), HR 3685, which will come before the House of Representatives for a vote tomorrow. The bill would prohibit employment discrimination on the basis of sexual orientation. The bill exempts religious organizations and religiously supported educational institutions where the curriculum "is directed toward the propagation of a particular religion". However it would not exempt para-church organizations or independent pro-family movements. Colin A Hanna, president of Let Freedom Ring, said that he is not opposed to non-discrimination laws but is opposed to perverting the language of discrimination to advance the political goals of the homosexual agenda. Provisions in an earlier version of ENDA that would have also banned employment discrimination against trans-gendered individuals was split of into a separate bill after it appeared that there was greater opposition to that proposal. (Advocate.com).

California School Board Split Over Motto In Classrooms

In Bakersfield, California, the 5-member Kern High School District board of trustees is badly split over competing proposals to place "In God We Trust" posters in classrooms. Yesterday's Bakersfield Californian reported that originally trustee Chad Vegas proposed placing the motto in all classrooms. Then he modified his proposal, suggesting that it be placed there along with the U.S. Constitution, the Bill of Rights and the Declaration of Independence. He says that understanding the link between faith and country is necessary to understand the nature of the United States. Two of the trustees have been opposed to the plan, and yesterday trustee Bryan Batey said he could only support placing the documents in civics and history classrooms. Trustee Joel Heinrichs who opposes the plan says it is offensive to equate patriotism and faith.

Maldives Constitution Drafting Delayed Over Issue of Shariah

In the Maldives, the process of drafting a Constitution has been delayed by a controversy over whether the document should outlaw acts prohibited by Shariah and protect all conduct not prohibited by Islamic Shariah law. Minivan News today reports that President Maumoon Abdul Gayoom's brother-in-law, Abbas Ibrahim, is proposing that the clause embodying Shariah be added. Opponents say that the proposal effectively undercuts the separation of powers in the new constitutional draft. Since there is disagreement on many details of Shariah, this would permit the Executive to define what is and is not illegal. Malidvian Democratic Party member Ibrahim Ismail says that the government is using religion as an excuse for delaying the new constitution.

Mistrial In Holy Land Foundation Prosecution

The New York Times reports that yesterday in Dallas (TX), a federal judge declared a mistrial in the case against the Holy Land Foundation and five of its supporters. (Full text of indictment.) The jury acquitted one of the defendants, Mohammed El-Mezain, on all but a conspiracy charge against him. It was unable to agree on a verdict on the charges against the other defendants (or on the conspiracy charge against El-Mezain)-- leading to the mistrial. At trial the prosecution attempted to show that the Foundation supported terrorism by sending over $12 million to Muslim charitable groups (zakat committees) controlled by the terrorist organization Hamas. Some of the defendants had family ties to Hamas leaders. The Holy Land Foundation had been the largest Muslim charity in the United States until the government froze its assets in 2001.

The Dallas Morning News reports that U.S. Muslim leaders were relieved by the verdict. At a Dallas news conference, Mahdi Bray of the Muslim American Society Freedom Foundation said: "The American Muslim community is protected under the First Amendment. Feeding people is not a crime and we aren't going to let the American government make it a crime."

Churches Lack Standing To Challenge Oklahoma Illegal Immigrant Law

A Tulsa, Oklahoma federal judge yesterday ruled that a group of churches and church leaders lack standing to challenge the constitutionality of Oklahoma's new "Taxpayer and Citizens Act" (HB 1804). The new law makes it illegal to transport, hire, harbor, house or conceal illegal immigrants. It also requires local law enforcement authorities to check on immigration status, and effectively ends state benefits for illegal immigrants. NewsOK reports on the decision and says that the National Coalition of Latino Clergy and Christian Leaders that-- along with several other plaintiffs-- filed the action will amend its complaint and refile it within the next few days. The law is scheduled to go into effect Nov. 1.

UPDATE: The Oklahoma City Journal Record reports that the lawsuit was refiled on Thursday, this time adding as a plaintiff a restaurant that claims it has lost 40% of its business as a result of the passage of HB 1804.

Israel's Justice Minister Opposes Proposed Constitutional Compromise On Religion

In a speech to the Knesset two weeks ago, Israel's Prime Minister Ehud Olmert strongly supported ongoing efforts by the Knesset's Constitution, Law and Justice Committee to come up with a draft of a Constitution. The compromise now under consideration would prohibit the High Court of Justice from exercising "judicial oversight" on various matters of religion and state - including marriage and divorce, religious conversion, the nature of the Sabbath and Jewish holidays in the public domain, Jewish dietary laws at state institutions and the granting of Israeli citizenship under the Law of Return. Under the proposal, Knesset legislation on religious matters could not be invalidated by the Court because it violates principles of equality, or other constitutional protections. So, for example, legislation that prohibited women from serving as judges on rabbinical courts would be protected. However today Haaretz reports that Israel's Justice Minister Daniel Friedmann is opposed to this compromise between secular and religious forces.

Ohio Court Refuses To Enforce Muslim Dowry Obligation

Saturday's Columbus Dispatch reports on an Oct. 10 decision by the Franklin County (OH) Common Pleas Court. Domestic Relations Judge Dana S. Preisse ruled that a promised dowry ("mahr") is unenforceable. Ruling against a Muslim woman, the judge said: "the obligation to pay $25,000 is rooted in a religious practice, the dowry is considered a religious act, not a legal contract ." Now-divorced Raghad Alwattar argued that the dowry was part of an enforceable pre-nuptial agreement. The judge ruled, however, that a prenuptial agreement must be entered into without duress. Here husband Mohammed Zawahiri was hurried into making the agreement only a few minutes before the wedding. In some other states, this sort of contract has been enforced. Columbus imam Mouhamed Tarazi says that after this case he will require grooms to sign a promissory note for the mahr so it will be enforceable in civil court.

Dalai Lama's Bloomington Visit Sparks Controversy Over City Hall Displays

Beginning Tuesday, the Dalai Lama will be spending six days in Bloomington, Indiana to visit the Tibetan Culture Center and to lecture at the University of Indiana. (Cincinnati Enquirer.) To mark the visit, Bloomington Mayor Mark Kruzan placed an exhibit in Ciy Hall. It includes photographs and craft work of Tibet, religious cloth paintings, a Peace Tree and statues of Buddha. A group of Christians however claim that they should be permitted space for a similar display. Friday's WorldNet Daily reports that they showed up at City Hall with two stone tablets containing the Ten Commandments and set them up on a table in front of the display of Buddhist artifacts. One participant read a statement saying: "These commandments are our symbol of peace, and we want to include them with the city's display to promote religious enlightenment. We ... do not agree with the ideology of the Dalai Lama or Buddhist beliefs – we are Christians and believe in one God, our Lord and Savior Jesus Christ."

In response to the city's contention that its display of Tibetan objects is cultural, not religious, Christian activist Amy Bernitt said the Ten Commandments also are cultural and artistic because they are carved from limestone for which the Bloomington area is famous. The city quickly removed the Ten Commandments after the brief ceremony.

Study of Florida's Faith-Based Prison Program Released

Last week, the Urban Institute Justice Policy Center released a report on Florida's faith-based prison rehabilitation program titled Evaluation of Florida's Faith- and Character-Based Institutions. The report concluded:

Staff, inmates, and volunteers overwhelmingly find value in the FCBI model and believe that it is achieving its goals of changing inmate behaviors, preparing inmates for successful reentry, and ultimately reducing recidivism. Respondents feel that, in particular, the FCBI experience helps promote family reunification and employment prospects upon release, while also improving the prison environment for inmates, volunteers, and staff.

... At six months after release, male FCBI inmates have lower reincarceration rates than a matched comparison group of inmates housed in general population FDOC facilities.... [However] the differences between the two male groups are not statistically significant at twelve months post-release, nor are the differences between female FCBI participants and their matched comparisons at either six or twelve months after release.... [C]orrections officials may ... wish to replicate the impact analysis ... in a year’s time, when the sample sizes are more likely to yield results in which they can have increased confidence.

The Report also concluded: "The FCBI model is carefully administered to avoid many of the conflicts with the principle of church-state separation that have led to challenges of other faith-based prison programs."

Role of Maldives Government Over Religion Debated After Extremist Bombing

A full-blown church-state controversy seems to have broken out in the Maldives according to a report by Minivan News yesterday. After a bombing in Male last month which injured 12 tourists, President Maumoon Abdul Gayoom has called for a ban on preaching by foreign clerics and for the criminalizing words or actions likely to encourage extremism. Grayoom has also written the government-appointed Supreme Council for Islamic Affairs [background], instructing it to impose a ban on the full-face veil. However the conservative Adhaalath Party has called on supporters to ignore the President's directive and the Supreme Council says it has not decided how to respond to it. More broadly, Supreme Council chief Sheikh Rasheed is supporting a bill to make the Council independent of the President. The Adhaalath Party argues that the government, instead of enacting criminal sanctions, should rely on Islamic scholars to reform religious dissidents.

Recent Articles and Books on Law & Religion, Church-State

From SSRN:

• Ira C. Lupu & Robert W. Tuttle, Ball on a Needle: Hein V. Freedom from Religion Foundation and the Future of Establishment Clause Adjudication, (Brigham Young University Law Review, Forthcoming Feb. 2008).
  
• David B. Kopel, Self-Defense in Asian Religions, (Liberty Law Review, Vol. 2, p. 79, 2007).
  
• David R. Barnhizer & Daniel D. Barnhizer, Myth, Magic and Mystery: Defending the Hidden Order of the Rule of Law, (Cleveland-Marshall Legal Studies Paper No. 07-149, Oct. 16, 2007).
  
• John Copeland Nagle, The Evangelical Debate Over Climate Change, (University of St. Thomas Law Journal, Forthcoming).
  
• JoEllen Lind, What Counts as Neutrality? The Religion and Race Cases Compared, (Valparaiso University Legal Studies Research Paper No. 07-04).
  
• David B. Kopel, Dhimmitude and Disarmament, (George Mason University Civil Rights Law Journal, Forthcoming).
  
• Steven Douglas Smith, How Is America 'Divided by God'?, (Mississippi College Law Review, Vol. 27, 2007).

From SmartCILP:

• Ryan Spear, What We Talk About When We Talk About God (Reviewing Richard Dawkins, The God Delusion; Sam Harris, Letter to a Christian Nation; and E. O. Wilson, The Creation: An Appeal to Save Life on Earth), 1 Harvard Law & Policy Review 495-506 (2007).

Recent Books:

• Forrest Church, So Help Me God: The Founding Fathers and the First Great Battle Over Church and State, (Harcourt, Sept. 10, 2007), reviewed by the Deseret Morning News.
  
• D. Michael Lindsay, Faith in the Halls of Power: How Evagelicals Joined the American Elite, (Oxford Univ. Press, Aug. 2007), reviewed in the Wall Street Journal.

Values Voter Summit Hears From Republican Candidates

The New York Times reports on the Values Voter Summit in Washington that ended yesterday. The meeting was an attempt by Christian conservatives to focus on which Republican Presidential candidate to support. Rudolph Giuiliani's speech [excerpts] was described at the "most anticipated", as he attempted to overcome concerns that conservative Christian voters have about his stands on abortion and gay rights, as well as his personal life. In a straw poll among attendees, Mitt Romney came out first, with Mike Huckabee second, and Ron Paul third. Giuiliani came in eighth out of the nine candidates, followed by John McCain.

Indian State Bans Private Publishing of Sikh Scriptures

In the Indian state of Punjab, the Cabinet this month agreed to the promulgation of an Ordinance to ban private publishing houses from publishing the Sikh scriptures, Sri Guru Granth Sahib. World Sikh News on Friday reported on developments. The new law will give a monopoly on publishing to the official Shiromani Gurdwara Parbandhak Committee (SGPC). The announcement has led Punjab’s oldest publisher, B. Chattar Singh Jiwan Singh, to stop its publication of the Sikh scriptures. The government acted after two relatives of Harbhajan Singh, the owner of the private publishing house, were dragged and beaten by hardliners who alleged that copies of the scriptures published by them were being transported in a way that was not in accord with Sikh law.

Seattle Airport Opts For Secular Holiday Display This Year

After a highly publicized controversy last year over the display of Christmas trees and a request to display a Hanukkah menorah (see prior posting), this year Seattle-Tacoma International Airport is opting for a non-religious seasonal display. Friday's Seattle Post-Intelligencer reports that the airport will feature a display of birch trees surrounded by lights in an artificial snow bank. Airport deputy managing director Michael Feldman said, "we’re featuring peace and harmony". The attorney representing a rabbi who was at the center of last year’s controversy says that the Airport instead should have had a multicultural display recognizing various religious and ethnic groups.

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.