Recent Prisoner Free Exercise Cases

In Grate v. Huffman, 2007 U.S. Dist. LEXIS 81790 (WD VA, Nov. 5, 2007), a Virginia federal district court rejected plaintiff's claim alleging that prison food supervisors failed to provide him with a proper Eid feast. Plaintiff alleged that the extra piece of fruit served with his meal was insufficient to properly observe the feast. The court found that the plaintiff failed to show that the meal served him placed a substantial burden on his religious rights or that it offended his religious beliefs.

In Blount v. Jabe, 2007 U.S. Dist. LEXIS 81789 (WD VA, Nov. 5, 2007), a Virginia federal district court rejected plaintiff prisoner's First Amendment and RLUIPA claims alleging that on two different dates the rules for Common Fare diets were violated because the Common Fare meal contained fish and dairy products together. The court found no intentional conduct that deprived plaintiff of his rights. It also concluded that no substantial burden was placed on plaintiff's free exercise of religion.

In Wares v. Simmons, 2007 U.S. Dist. LEXIS 81351 (D KS, Oct. 31, 2007), a Kansas federal district court upheld prison restrictions on the property that a prisoner can possess after he was sanctioned for refusing to participate in a sexual abuse treatment program. Plaintiff challenged a rule that permitted him only to possess primary religious texts of his faith, and not other religious books. Considering the claim after a remand by the 10th Circuit, the court held that preventing a Jewish prisoner from possessing the "Tanya" and/or the "Tehillim" did not substantially burden his exercise of religion. Moreover the policy served legitimate penological interests and that plaintiff had the alternative of donating his books to the prison library and using them there.

In Hewitt v. Henderson, 2007 U.S. Dist. LEXIS 80812 (WD LA, Sept. 6, 2007), a Louisiana federal district court dismissed a prisoners free exercise and equal protection claims. Under extended lockdown rules, plaintiff was not released from work for Friday Muslim prayer. He was, however, permitted to pray in his cellblock. The court found no violation of the prisoner's constitutional rights.

In Tirone v. Trella, 2007 U.S. Dist. LEXIS 79812 (D NJ, Oct. 29, 2007), a New Jersey federal district court rejected a free exercise challenge to a jail's high security lockdown policy that prevented plaintiff from attending weekly Jumah prayer services.

2008 Religious Freedom Moot Court Problem Released

This year's National Religious Freedom Moot Court competition, hosted by George Washington University Law School, is scheduled for Feb. 22-23, 2008. The competition is open to selected teams of second and third year students from ABA-accredited law schools. This year's problem was released earlier this week. Teams will argue a case involving a challenge to the Army's regulation of proselytizing activity by military chaplains. A second issue involves the extent to which the First Amendment and the Religious Freedom Restoration Act limit the ability of the armed forces to regulate the content of chaplains' worship services.

"In God We Trust" Posters Aproved For California School District Classrooms

KGET News reported yesterday that, after much debate, Kern High School District trustees in Bakersfield, California approved a proposal to display in every district classroom a poster portraying the Bill of Rights, The Constitution, the Declaration of Independence, and the national motto "In God We Trust." (See prior related posting.)

White House Meeting With Israeli Religious Leaders Will Discuss Temple Mount

Arutz Sheva reported last Sunday that, ahead of the planned Annapolis Mid-East peace talks, an unusual three-day meeting has been scheduled by the White House with Israeli rabbinical leaders, along with members of the Islamic Wakf and Israeli Christian leaders. Reportedly the Washington meetings will discuss a proposal for the Jerusalem "Holy Basin" to be administered by a joint committee, rather than remain under Israeli sovereignty. During one of Secretary of State Condeleezza Rice's visits to Israel last month, a secret meeting with Jewish, Muslim and Christian religious leaders to discuss the Temple Mount took place. Following that meeting, Rice said that she understood that religious matters were at the root of the disagreements, but said that "if this matter is not solved, then nothing will be solved." The invitees to the White House meeting include Rabbi She'ar-Yashuv Cohen, Chief Rabbi of Haifa, who is strongly opposed to any Israeli withdrawal from the Temple Mount. He believes it should be open to Jewish worship and a synagogue should be constructed there. [Thanks to Joel Katz for the lead.]

Sunni-Shiite Rivalries In New York Prisons

An article in today's New York Sun explores the growing tensions in new York state prisons between Sunni and Shiite Muslims. All but one of the Muslim chaplains in the New York prison system is Sunni. Shiite prisoners have been demanding their own chaplains and their own separate Friday religious services. The only prison Shiite imam in the state is currently precluded from entering any New York prison pending an internal investigation into whether he broke an undisclosed regulation.

Oregon Supreme Court Hears Arguments In Circumcision Case

Oregon Live reports that the Oregon Supreme Court heard oral arguments yesterday in a case in which divorced parents are battling over whether their 12-year old son who wishes to convert to Judaism can be circumcised. (See prior posting.) The boy's decision came after his father, James Boldt (an attorney who argued his own case in the Oregon Supreme Court), himself converted to Judaism. The arguments turned on whether the trial court should have permitted the boy's mother, who no longer has custody of him, to present evidence on her health concerns about the procedure. Four national Jewish groups have filed a joint amicus briefs supporting the father's right as custodial parent to make the decision for his son. (Full text.)

Pope Meets Saudi King-- Raises Issue of Christian Rights In Saudi Arabia

Yesterday King Abdullah of Saudi Arabia met with Pope Benedict XVI in the Vatican. This is the first time that a sitting Saudi king has met with a Pope. The Saudis do not have diplomatic relations with the Vatican because Wahhabist interpretations of Islam would preclude a Vatican embassy in Saudi Arabia. The Washington Post and the Toronto Star report on the meeting, during which the Pope emphasized the contributions made by the 890,000 Catholics-- mainly guest workers from the Philippines-- who live in Saudi Arabia. The Pope raised concerns about restrictions on Christian worship in Saudi Arabia. It is illegal to practice Christianity publicly or to bring non-Islamic religious symbols or Bibles into the country. Some secret Christian worship services are held in the country.

Senator Seeks Information On Financial Accountability From Six Tele-Evangelists

Yesterday's Houston Chronicle reports that Iowa Senator Chuck Grassley, ranking member on the Senate Finance Committee, has sent letters to six tele-evangelists asking for information about alleged misuse of donations to the religious organizations. As church groups, they are exempt from filing the usual Form 990 that non-profits submit to the IRS. Saying that he was acting after receiving complaints from the public and seeing news media coverage, Grassley said that "allegations involve governing boards that aren't independent and allow generous salaries and housing allowances and amenities such as private jets and Rolls Royces." Sen. Grassley's website links to the six letters, each of which asks for extensive information and documents. His letters to each begins by saying: "The Finance Committee has a long tradition of reviewing tax-exempt organizations. It is important that Congress and the public have confidence that public charities, which benefit from very significant tax breaks, are operated in a manner that promotes continued trust and that the adhere to guidelines established by the Internal Revenue Service."

Updates on Election Results of Interest

Here are links to updates of three recent postings on yesterday's election contests. The Updates reflect election results and other developments: gubernatorial races in Kentucky (including developments on a 10 commandments issue)and Mississippi and two ballot issues (Michigan and Utah).

Mississippi Gubernatorial Challenger Runs Evangelical-Laden Campaign

Today residents of Mississippi are voting for governor. Yesterday's Washington Post reports on the Christian evangelical overtones in the campaign of Democratic challenger John Arthur Eaves Jr. He says he is running against Republican incumbent Haley Barbour because he wants "to serve my creator." Eaves' website asks, "Who's on Jesus' side in Mississippi?" He advocates banishing "the money changers" from state politics and supports a health-care proposal that he says focuses on the "least among us" -- just as Jesus would. Columnist Jerome Wright, in a piece in the Memphis (TN) Appeal, says that "... Eaves faces an insurmountable task to win the election. Yet, he may do better than originally expected."

UPDATE: As expected, Gov. Haley Barbour was elected to a second term in Tuesday's contest. (Northeast Mississippi Daily Journal.)

Two Ballot Issues Around Nation Impact Church-State Concerns

In today's off-year elections around the United States, at least two issues impact church-state concerns. In Berkley, Michigan voters will decide whether to approve an amendment to the city charter to require the display of a nativity scene on city hall property. (See prior posting.) Sunday's Observer & Eccentric reports that a write-in candidate for mayor, 76-year old Maybelle Fraser, who supports the nativity display, decided to mount a campaign against incumbent 73-year old mayor, Marilyn Stephan, over the nativity scene issue. Stephan was among the majority of council who voted 6-1 to donate the nativity scene to the Berkley Clergy Association for display at local churches.

In Utah, voters are casting ballots on a school voucher program that includes vouchers that can be used in private religious schools-- so long as the school enrolls at least 40 students. Yesterday's Salt Lake Tribune carries a Q&A on the proposal. Vouchers of $500 per student would be available regardless of family income, with vouchers of up to $3000 per student for lower income families. The voucher program was passed by the legislature in February (see prior posting), but opponents gathered enough signatures to force this referendum on the law.

UPDATE: Berkley, Michigan's proposed charter amendment to require display of a nativity scene on city property was defeated 55%- 45% in Tuesday's election. (Detroit Free Press.) Also on Tuesday, Utah's voucher program was defeated by a substantial majority. With most of the precincts in, over 60% of voters had voted to kill the voucher law. (Salt Lake Tribune.)

Rise of Independent Congregations Explains Rising Church Litigation

Last Sunday's Tennessean carries a report on the rising number of lawsuits between church members and church leaders. Many times the disputes revolve around spending of funds and access to church financial records. The article quotes experts who say that the rise of mega-churches and other independent congregations means that there is often no hierarchy to which congregants can appeal if they are dissatisfied with the conduct of the church's pastor. So church members turn to secular courts to deal with their complaints.

Columnist Says Anti-Semitism On Rise In Britain

Conservative columnist Melanie Phillips writing in the Autumn 2007 issue of Manhattan Institute's magazine, City Journal, says that anti-Semitism is on the rise in Britain. Here is a short excerpt from her lengthy article:

Every synagogue service and Jewish communal event now requires guards on the lookout for violence from both neo-Nazis and Muslim extremists. Orthodox Jews have become particular targets; some have begun wearing baseball caps instead of skullcaps and concealing their Star of David jewelry....

[A]nti-Semitism has also become respectable in mainstream British society.... At the heart of this ugly development is a new variety of anti-Semitism, aimed primarily not at the Jewish religion, and not at a purported Jewish race, but at the Jewish state. Zionism is now a dirty word in Britain, and opposition to Israel has become a fig leaf for a resurgence of the oldest hatred.

Pre-Trial Hearing Held In Charges Against Anti-Gay Funeral Protesters

Yesterday anti-gay Westboro Baptist Church leader Shirley Phelps-Roper appeared at a pre-trial hearing in a Sarpy County (Nebraska) Court. Bellevue, Nebraska police charge her with flag mutilation, disturbing the peace, negligent child abuse and contributing to the delinquency of a minor, all growing out of one of Westboro's funeral protests in which Phelps-Roper's 10-year-old son stomped on an American flag. Yesterday's Omaha World-Herald reports that the pretrial hearing focused on a defense motion requesting that the prosecution describe in detail the facts that support each of the charges. Later Phelps-Roper said that her son, Jason, had grown up attending protests and acted on his own in standing on the flag that he placed on the ground. The court asked both sides to submit written arguments on the defense motion. (See prior related posting.)

US Agency Wants To Talk With Nigerian Leader About Religious Freedom

Today's Nigerian Tribune says that the U.S. Institute of Peace has invited the spiritual leader of Nigeria's Muslims, Sultan of Sokoto, Alhaji Sa’ad Abubakar, to open a direct discussions on religious freedom in Nigeria. The U.S. government is concerned about the potential for rising influence by Islamic militants in Nigeria.

Blogger Questions Verdict Against Westboro Funeral Picketers

At PrawfsBlawg, Howard Wasserman has an interesting post on the recent $10.9 million verdict against the Westboro Baptist Church funeral picketers. Less sympathetic to the jury's determination than much of the commentary has been, Wasserman predicts that the damage award will be overturned by the 4th Circuit. He questions some of the judge's instructions to the jury as well as the extent of interference into the Snyder family's privacy that was really involved.

UPDATE: Another analysis of the legal issues in the case appears today in an article by Michael C. Dorf on Findlaw. [Thanks to How Appealing for the lead.]

Zoning Issue Posed By "Theater Church"

An article in yesterday's Lancaster (PA) Sunday News raises an interesting religious land use issue posed by the apparently growing practice of churches renting out movie theaters for use for religious services on Sunday mornings. The zoning rules in Manheim Township, Pennsylvania permit theaters and other commercial uses in industrial zones, but not churches. Township zoning officials have issued a notice of violation to the owner of the Penn Cinema who rents out his theater each Sunday to the Crossings Church. Theater owner Penn Ketchum argues that renting out the theater for a church service does not change the character of the building. He argues: "While they're finishing up their service, we're literally opening our doors to the moviegoing public."... At no time do we cease to be a movie theater. We continue to be well within our parking ratios, as well as building capacity. The service still leaves literally 90 percent of the building unoccupied.... To me there's a big difference between a church and a church service."

Plans For London Mosque Draw Opposition

In a story from Britain, yesterday's International Herald Tribune focuses on the the opposition that has developed to plans to build a large mosque in London's East End. Originally it would have been the largest mosque in Europe at the gateway to the 2012 Olympics. Christian Peoples Alliance Party leader Alan Craig has started a campaign against the mosque, first focusing on its size, but then objecting to its sponsor, the Tablighi Jamaat, an evangelical Islamic group based in Pakistan whose teachings, authorities say, encourage terrorists. The original plans for the mosque envisioned a complex that would hold 70,000 worshipers, featuring wind turbines instead of minarets, as well as gardens, courtyards and restaurants. Those grand plans have now been dropped as a new architectural firm has been hired to design a smaller mosque, one that will accommodate 12,000. Planners are moving slowly, and say they will not break ground until after the 2012 Olympics. Also a London public relations firm has been hired and has created a website to deal with concerns about the planned mosque.

Egyptian Court Acquits Christians Charged With Defaming Islam

M&C reported yesterday that in Egypt, Christian activists Adel Fawzy Faltas and Peter Ezzat have been acquitted by a state security court of charges of threatening social peace by propagating anti-Islamic material. The charges stemmed from their distributing a book titled The Persecuted that focuses on the perceived persecution of Christian Copts. Earlier charges of converting a Muslim, Mohamed Ahmed Hegazy, to Christianity, were dropped for lack of evidence.

Recently Available Articles on Law and Religion

From SSRN:

• R. Randall Kelso, Custom and Tradition Versus Reason in Modern Secular and Religious Moral Reasoning and in Modern Constitutional Law, (August 2007).


• Christina T. Trotta, From God to Gab: Analyzing the First Amendment Rights of Religious Student Groups in an Age of Free Speech and Political Correctness, (February 16, 2007).


• Mary Jean Dolan, Government-Sponsored Chaplains and Crisis: Walking the Fine Line in Disaster Response and Daily Life, (Hastings Constitutional Law Quarterly, Vol. 35, No. 3, 2008).


• Alan Weinstein, Avoiding a RLUIPA Claim, (Cleveland-Marshall Legal Studies Paper No. 07-150, Oct. 24, 2007).

From Bepress:

• Patrick McKinley Brennan, Locating Authority in Law, and Avoiding the Authoritarianism of 'Textualism', (Villanova University School of Law Working Paper Series, No. 86, Oct. 2007. Forthcoming, Notre Dame Law Review.)

From SmartCILP:

• 13th Annual International Law and Religion Symposium. The 1981 U.N. Declaration on Religious Tolerance and Non-discrimination: Implementing Its Principles after Twenty-five Years, 2007 Brigham Young University Law Review 575-812 (2007). Articles by: Jose Maria Contreras Mazario, Carolyn Evans, Shavarsh Khachatryan, Christopher Marsh, Daniel P. Payne, Raul Gonzalez Schmal, Robert A. Seiple, Eiichiro Takahata, Khatuna Tsintsadze, Carlos Valderrama Adriansen and Ilhan Yildiz.

Belgians Bring Fraud Charges Against Church of Scientology

Yesterday's St. Petersburg (FL) Times reports that Belgian prosecutors, after ten years of investigation, are bringing criminal charges against the Church of Scientology in Belgium and 12 of its members, along with the Church's European Office for Public Affairs and Human Rights. Officials say that the Church's Belgium operations constitute a "criminal organization" that has used fraud and extortion to obtain money from its members. Defendants are also charged with practicing medicine without a license and violating privacy laws. Scientology spokesman Fabio Amicarelli said: "In 2007, the position of the (Belgian) prosecutor is really out of date."

Court Refuses Summary Judgment In Religious Leafleting Case

Frantz v. Gress, (ED PA, Oct. 25, 2007), involved a claim by plaintiff that he was impeded by police officers in his attempts to hand out religious pamphlets on a public sidewalk in Philadelphia. Plaintiff argued this was an unconstitutional content-based restriction on his speech. The court refused to grant plaintiff's motion for summary judgment, however, holding that issues of material fact remain regarding the reasons officers did not allow plaintiff to continue distributing his pamphlets in the manner he wished. The court also, though, rejected defendants' claims of qualified immunity.

Minnesota High Court Reverses Clergy Sexual Conduct Conviction In Split Decision

In a fragmented decision handed down by the Minnesota Supreme Court last week, Catholic priest John Joseph Bussmann's conviction under the state's clergy sexual conduct statute was reversed and remanded for a new trial. At issue was the priest's relationships with two adult female parishioners who he was counselling on religious and marital issues. In State of Minnesota v. Bussmann, (MN Sup. Ct., Nov. 1, 2007), the court described its ultimate holding as follows:

The clergy sexual conduct statute makes it a crime for a member of the clergy to engage in sexual penetration with a person who is seeking or receiving “religious or spiritual advice, aid, or comfort in private.” Bussmann argues that the clergy sexual conduct statute is unconstitutional because it is void for vagueness and it violates the Establishment Clause of the United States and Minnesota Constitutions. Because we (1) conclude that the clergy sexual conduct statute is not void for vagueness; (2) are equally divided on whether the statute facially violates the Establishment Clause; but (3) conclude that Bussmann’s conviction, based on the admission of extensive evidence concerning religious doctrine and church policies and practices, violated the Establishment Clause, we affirm the court of appeals’ decision on the first two issues, reverse the court of appeals’ decision on the third issue, and remand for a new trial.

The judges who concluded that the statute was facially inconsistent with the Establishment Clause argued that its provisions: "are not secular and neutral, but instead incorporate religious doctrine, as reflected in the legislative determinations that the clergy member is always in a position of power over an advisee, that any sexual penetration with an advisee is always causally related to the religious and spiritual advice given by the clergy member to an advisee, and that an advisee always lacks capacity to effectively consent to that sexual penetration."

3rd Circuit Overturns Religious Tax Protesters' Convictions

Friday's Philadelphia Inquirer reports on last week's decision by the U.S. 3rd Circuit court of Appeals reversing the convictions on most of the tax evasion charges that had been brought against three members of the pacifist Reformed Israel of Yaweh religious sect. Defendants, it was claimed, failed to pay some $300,000 in employment taxes for themselves and other employees who were members of their sect because they objected to the use of tax proceeds to support war.

In United States v. McKee, (3d Cir., Oct. 29, 2007), the court upheld the defendants' conviction for conspiracy to defraud the United States, but reversed their convictions for employment tax evasion on the ground that the jury instructions constructively amended the indictment. The court, though, did not order an acquittal on these charges, finding that there was sufficient evidence to convict on the amended charges. Finally the court ordered acquittal of one of the defendants on charges of failure to file individual income tax returns because the evidence was insufficient to establish guilt beyond a reasonable doubt.

Peter Goldberger who represented two of the defendants criticized the appellate court for failing to reach the religious freedom issues involved, saying "It's a threat to every established pacifist religion that has had kind of an unwritten understanding with the IRS." One of the defendants has by now already completed her sentence, and two others have been moved to halfway houses and home confinement. However all three had been ordered by the trial court to file delinquent tax forms and pay back taxes as a condition of their release from prison, something to which they still object. They did pay the fines and penalties imposed on them, and technically they are now due a refund because of the reversal of many of their convictions. [Thanks to Jack E. Shattuck for the lead.]

Kentucky Governor Asks Court To Clarify 10 Commandments Ban

As the gubernatorial election approaches in Kentucky, Gov. Ernie Fletcher's administration last Monday filed a petition in federal district court asking it to clarify the scope of an earlier injunction prohibiting the state from placing a 10 Commandments monument on statehouse grounds. (See prior posting.) According to WYMT News as well as a press release from the Governor, the new lawsuit was filed after a recent donation to the statehouse by a private citizen of the "Foundations of American Law and Government Display", a display that includes documents like the Mayflower Compact and the Bill of Rights along with the Ten Commandments. The governor's race between Republican Fletcher and Democrat Steve Beshear (the state's Attorney General from 1980-84) has included attacks on Beshear for a 1981 opinion [LEXIS link to OAG 81-12] he wrote advising public schools that a then-recent U.S. Supreme Court ruling meant that public schools must remove copies of the Ten Commandments already hanging in classrooms. A spokesperson for Gov. Fletcher said that the recent court filing had nothing to do with the upcoming election.

UPDATE: On Monday, a day before the gubernatorial election, a Kentucky federal district court ruled that the earlier orders enjoining the placing of a large 10 Commandments Monument outside the Kentucky Capitol did not apply to the Foundations of American Law display. However the court did not rule on the constitutionality of the Foundations display. Within hours the Foundations display was put up in the Capitol Rotunda and Gov. Fletcher issued an executive order calling for it to remain until a later court ruling is issued. (Louisville Courrier-Journal, Nov. 6.) Meanwhile, AP reported on Wednesday that former state AG Steve Beshear defeated Fletcher in the gubernatorial race. In the campaign, Beshear touted his religious upbringing and ran TV ads with him in front of a church.

Court Enjoins Georgia City's Parade and Demonstration Ordinance

In Baumann v. City of Cumming, Georgia, (ND GA, Nov. 2, 2007), a Georgia federal district court issued a preliminary injunction barring the city of Cumming, Georgia from enforcing its parade and demonstration ordinance. The challenge to the ordinance was filed by Fredric Baumann who was arrested for handing out Christian gospel tracts on the sidewalk in front of the Cumming Fairgrounds without a permit. (See prior posting.) Baumann argued that the ordinance violates his First Amendment rights and is unconstitutionally vague. The City did not dispute these assertions, but only argued that Baumann lacked standing to seek an injunction. Finding that plaintiff has standing, the court continued: "Because the city’s ordinance applies to groups as small as four, effectively forbids spontaneous speech, and purports to regulate speech in all public areas, the court concludes that plaintiff will likely prove that the ordinance burdens substantially more speech than is necessary to further the city’s legitimate and important interests in public safety and the orderly flow of traffic." An Alliance Defense Fund release praised the court's decision.

Finland Charges Sex Discrimination In Dispute Over Female Clergy

In the past few days, both Christianity Today and WorldNet Daily have reported on the prosecution in Finland of a clergyman for gender discrimination after he refused to work together at a worship service with a female pastor. Ari Norro is a preacher affiliated with the Lutheran Evangelical Association in Finland (LEAF). LEAF is part of the country's state church, the Evangelical Lutheran Church of Finland. However LEAF believes the Bible prohibits women from serving as pastors. Last March, when Norro showed up as a guest preacher at a church in southern Finland, he discovered that Petra Pohjanraito was also scheduled to help distribute communion at the service. Norro said he was leaving because he could not co-officiate with a female pastor, but instead Ms. Pohjanraito decided to leave so Norro could speak. Subsequently the head of the Hyvinkää Church Council asked police to investigate, and a prosecution for gender discrimination followed. Norro's trial is scheduled to begin Nov. 16. Norro argues that his prosecution on account of religious beliefs is inconsistent with protections in Finland's constitution.

Quebec Schools Will Begin Mandatory Ethics and Religious Culture Courses

Saturday's National Post outlines objections that have been raised in the Canadian province of Quebec to a new mandate by the province's Education Department as part of the move to secularize Quebec's schools. Starting next fall, both public schools and private religious schools (most of which receive some government funding) must offer a new course in Ethics and Religious Culture covering Christianity, Judaism, aboriginal spirituality, Islam, Hinduism and Buddhism. In public schools, the new course will replace courses in Protestant, Catholic or non-religious moral education that students now choose. Private Catholic schools are concerned that the new course, required beginning in grade 1, will leave less time for Catholic religious instruction. Orthodox Jewish schools are likely to object to a requirement that they teach about all world religions. Barry Levy, professor of religion at McGill University, says: "What's going to happen in these contexts is it's going to be totally shallow, totally meaningless. The only message is going to be [that] they are all of equal value. And the people who are genuinely committed can't buy that argument." (See prior related posting.)

Optional Flag-Folding Ceremonies Are Now Back In Military Funerals

Recently the National Cemetery Administration responded to complaints about religious references in the traditional flag-folding ceremony used at many military funerals and banned the ceremony. (See prior posting.) Negative reaction to that decision has been swift, and last Tuesday the Department of Veteran's Affairs issued a clarification:

A family may request the recitation of words to accompany the meaningful presentation of the American flag as we honor the dedication and sacrifice of their loved ones.... Volunteer honor guards are authorized to read the so-called "13-fold" flag recitation or any comparable script. Survivors of the deceased need to provide material and request it be read by the volunteer honor guards... Volunteer honor guards will accept requests for recitations that reflect any or no religious traditions, on an equal basis.

In a speech to the American Legion on Thursday (full text), Vice President Dick Cheney referred to the clarification:

As most of you know, our nation has 125 national cemeteries operated by the VA. Burials conducted in those cemeteries should honor the wishes of the families, including those that relate to religious observances. And despite the confusing order that recently came out of the federal bureaucracy, I want you to know that honor guards at military funerals will give the 13-fold recitation at any service where the family requests it.

Today's Christian Post reports that conservative Christian groups such as the American Center for Law and Justice are still unhappy because the policy now permits only volunteer honor guards, and not officials such as military chaplains, to read the recitation. Also families will no longer receive the flyer informing them of optional flag-folding ceremony. However a posting today on the ACLJ's website says it is pleased with the resolution of the matter as announced by Vice-President Cheney.

New Challenge To "Under God" In Pledge Filed By Newdow As Attorney

In 2004, the U.S. Supreme Court held that atheist Michael Newdow, as a non-custodial parent, lacked standing to bring a case that challenged the inclusion of the phrase "under God" in the Pledge of Allegiance recited each day in his daughter's school. Now, hoping to avoid standing issues, Newdow (who is a lawyer) has filed a suit in New Hampshire federal district court on behalf of a couple identified only as "Jan and Pat Doe," an atheist and an agnostic with three children in the Hanover, NH schools. Today's Nashua Telegraph reports that under New Hampshire law students can stand silently or remain seated instead of participating in the Pledge in school. However the suit claims that coercive peer pressure still exists. The complaint asserts that "by endorsing the religious notion that God exists, the now-religious Pledge creates a societal environment where prejudice against atheists -- and, thus, against Plaintiffs here -- is perpetuated." Plaintiffs do not object to required recitation of the pledge without the "under God" reference in it.

Court Stays Injunction Pending Appeal of Religious Displays In Postal Outlet

A Connecticut federal district court earlier this year issued an injunction requiring a contract postal unit to remove religious displays, prayer cards, advertisements, donation solicitations, and telecommunication videos that proselytize on behalf of the Full Gospel Interdenominational Church. (See prior postings 1, 2). Now in Cooper v. United States Postal Service, 2007 U.S. Dist. LEXIS 80877 (D CT, Nov. 1, 2007) the court has issued a stay of the injunction while defendant's appeal of the case is pending.

Ireland's Drunk-Driving Proposals Create Problem For Catholic Churches

BBC News reported yesterday that Catholic priests in Ireland are facing an unusual problem as authorities--concerned about drunk driving-- are considering reducing the allowable blood alcohol limit for drivers to zero. The shortage of priests in Ireland means that some priests are required to recite two or three masses, at different locations, on the same day. Drinking consecrated wine is part of the ceremony. Priests who do so and then drive to their next mass would be violating the zero-alcohol requirement. Well-known Irish priest Father Brian D'Arcy says that the Vatican has ruled out using non-alcoholic wine at mass.

National Park Service Sued Over Mt. Rushmore Speech Permit Rules

Last Friday, the Alliance Defense Fund announced that it had filed suit against the National Park Service and others in federal court in the District of Columbia challenging rules governing public expression and distribution of printed matter at the Mt. Rushmore National Monument in South Dakota. The complaint (full text) alleges that Michael Boardley's free speech, free exercise, due process and equal protection rights were violated when he was informed that he would be required to obtain a permit in order to continue to hand out gospel tracts in a free speech zone in the Mt.Rushmore visitor complex. Boardley asked for a permit but never received one. The case is Boardley v. United States Department of Interior, (D DC, filed 11/2/07).

British Appeals Panel Rejects Religious Discrimination Claim of Magistrate

Last Wednesday in McClintock v. Department of Constitutional Affairs, (EAT, Oct. 31, 2007), the British Employment Appeals Tribunal (EAT) upheld a decision rendered last March by Sheffield's Employment Tribunal rejecting a discrimination claim by Andrew McClintock, a Justice of the Peace. (See prior posting.) McClintock, who sat on the court's Family Panel, asked to be excused from hearing cases that might raise the issue of placing children for adoption with same-sex couples. When his request was refused, he argued this amounted to discrimination against him on the basis of his Christian religious beliefs, or on the basis of his philosophical beliefs, in violation of the Employment Equality (Religion or Belief) Regulations 2003.

The Appellate Tribunal said that the denial of McClintock's request did not amount to direct discrimination because he did not make clear to the Department of Constitutional Affairs (DCA) that he had any religious or philosophical objections to adoptions by same-sex couples, only that it was an unacceptable social experiment. That also led to the rejection of McClintock's indirect discrimination claim that others holding religious or philosophical objections to gay adoption would be disadvantaged by the DCA ruling. Finally the EAT concluded that magistrates must apply the law of the land as their oath requires, and cannot opt out of cases on moral grounds.
Inspire Magazine reports on the EAT's decision.

DoJ Says RFRA May Trump Anti-Bias Rules For Faith-Based Grantees

Carl Esbeck reports in The Hill that the Department of Justice has ruled that the Christian organization, World Vision, may retain a $1.5 million grant to fight juvenile crime in Northern Virginia, even though the organization employs religious criteria in hiring of employees. The grant was awarded under the Juvenile Justice and Delinquency Prevention Act, which is subject to provisions of the Safe Streets Act that ban religious discrimination in use of the grant funds. In a more general policy statement (full text) recently posted on its website, the Justice Department says that the Religious Freedom Restoration Act can override these anti-discrimination provisions. In order to qualify for RFRA protection, a faith-based organization must certify that it "is a religious organization that sincerely believes that providing the services in question is an expression of its religious beliefs; that employing individuals of particular religious belief is important to its religious exercise; and that having to abandon its religious hiring practice in order to receive the federal funding would substantially burden its religious exercise." [Thanks to Michael Lieberman for the lead on the Esbeck op-ed.]

More Legal Charges Pending Against Westboro Anti-Gay Funeral Picketer

Tuesday's multi-million dollar judgment against the anti-gay leaders of Westboro Baptist Church who make a practice of picketing veterans' funerals has been hailed by losing defendant Shirley Phelps-Roper. AP reports that she delightedly said: "Our message has exploded all over the world... It's given us a huge megaphone."

However, Phelps-Roper's legal battles are not over. She is to appear in a Sarpy County (NE) Court on Monday on charges of flag mutilation, negligent child abuse, contributing to the delinquency of a minor and disturbing the peace, all growing out of a funeral protest in Bellevue, Nebraska at which Phelps-Roper allowed her 10-year-old son to stand on an American flag as part of the protest.

Israeli Court In Middle of Greek Orthodox Church Dispute

In Israel, a District Court in Jerusalem finds itself in the middle of a battle between the former and the new Archbishop of the Greek Orthodox Church. YNet News yesterday reported on the complicated developments.

Former Patriarch Irineos I was dismissed two years ago after a scandal involving sale of church lands to Jewish groups. Patriarch Theopilus III was appointed to succeed him, but Irineos continued to live in Jerusalem's Greek Orthodox compound. So Theopilus asked an Israeli civil court to order Irineos to turn over millions of dollars worth of church icons that normally pass from one Patriarch to the next. The Israeli judge placed a temporary seizure on the items to prevent Irineos from transferring them to anyone else. The judge also instructed Hershimandit Kelidion, the judge of the Greek Orthodox religious court, to enter Irineos' residence to photograph the disputed items. When Kelidion arrived, accompanied by police, a scuffle broke out with police guarding Irineos who refused Kelidion entry. The matter remains unresolved.

Unlicensed Midwife Cannot Raise Religious Claims of Non-Party Amish

A Pennsylvania Commonwealth Court has at least temporarily delayed collection of the state medical board's $11,000 fine against a midwife who has been delivering babies for the Amish community for 24 years, but has never obtained a state license. Yesterday the AP reported that the judge, who called the fine unconscionable, ruled that it could not be collected until midwife Diane Goslin completes her legal challenges to it. However the court said it was unlikely that Goslin will succeed in overturning the board's cease-and-desist order barring her from continuing to practice her midwife skills. State law requires midwives to be registered nurses. The court held that while members of the Amish community may have religious reasons for using Goslin's services, they are not parties to the case and Goslin does not have standing to raise their religious claims.

Economist Publishes Special Report on Religion and Politics

This week's issue of The Economist has a lengthy series of articles on faith and politics around the world. The lead story is titled The New Wars of Religion. It concludes:

For politicians doomed to deal with religion, two lessons stand out—one principled, the other pragmatic. The principle is that church and state are best kept separate. Subsidised religion has seldom made sense for either state or church: witness Europe's empty pews....

The pragmatic lesson concerns those wars of religion. Partly because of their obsession with keeping church and state separate, Western powers (and religious leaders) have been too reluctant to look for faith-driven solutions to religious conflicts.

The magazine then features a series of articles under the caption Special Report on Religion and Public Life. Here are links to the separate portions of the Report: In God's name ; O come all ye faithful ; The power of private prayer ; The new wars of religion ; Holy depressing ; Bridging the divide ; Back to the Ottomans ; Stop in the name... ; The lesson from America .

Israeli Court Says Assassain Can Attend Son's Circumcision To Be Held In Prison

Agence France-Presse and the Jerusalem Post yesterday reported that an Israeli district court judge has given Yitzak Rabin's assassin, Yigal Amir, permission to attend his son's religious circumcision scheduled for Sunday. The court refused to permit Amir to attend the ceremony outside his prison, but ruled that the brit milah could take place in the prison, despite objections from prison authorities. Peace Now secretary-general Yariv Oppenheimer has asked the State Attorney to appeal the decision to the High Court of Justice.

Amir's son was conceived during conjugal visits with his wife, who he married in a proxy ceremony in 2004. The circumcision ceremony-- which takes place on the eighth day of a boy's life-- will coincide with the anniversary on the Gregorian calendar of Amir's 1995 shooting of then Prime-Minister Rabin.

Illinois Mayor Pushes Anti-Crime Prayer Initiative

Peoria, Illinois mayor Jim Ardis has invited religious leaders to meet with him at a local church to discuss a new initiative against crime called "Ready Set Pray". The Springfield (IL) Journal Register yesterday reported that the mayor will ask clergy to arrange for a different group to pray each day for forty days. Despite a news release that invited "pastors of all church denominations", Ardis said the program is open to members of non-Christian faiths as well. He said he is not concerned about church-state issues because the program is not sponsored or paid for by the city. It is instead a program being undertaken cooperatively with the faith community.

Scientology Gets Official Recognition In Spain

AFP reported yesterday on a victory for the Church of Scientology in Spain's High Court. The Administrative Tribunal of Madrid's High Court reversed a 2005 Justice Ministry ruling that deleted the Church of Scientology from the country's official register of religion. The High Court said the removal was "against the law."

Federal Earmarks For Religious Organizations On the Rise

The Raw Story today summarizes a study by Roll Call concluding that earmarks of federal funds for religious organizations have increased in both House and Senate appropriations bills for FY 2008. Most of the funds are directed to secular programs, but some of the recipient organizations have primarily an evangelical mission.

Egypt's Muslim Brotherhood Platform Urges Implementation of Islamic Law

The October issue of the Arab Reform Bulletin (published by the Carnegie Endowment for International Peace) analyzes the draft party platform of Egypt's Muslim Brotherhood. It urges the implementation of sharia law in Egypt. Among other things, the platform calls for senior religious scholars to have the right to veto legislation that does not conform to principles of Islamic law. It calls for creating an elected board of religious scholars with whom the president and the legislature would have to consult on pending legislation. It also would discriminate against Coptic Christians, claiming that on religious grounds only Muslims should be allowed to hold the offices of president and prime minister.

Bangladesh May Ban "Religion-Based Politics"

The head of Bangladesh's Election Commission has agreed in principle to ban "religion-based politics" in the country. ZeeNews reported on Tuesday that demands for the change came after Mohammad Mujahid, secretary general of the right wing Jamaat-e-Islami party which opposed Bangladesh's independence from Pakistan, made a statement denying the party's activities during the 1971 Liberation War. Now many in Bangladesh want to prohibit voting by anyone who opposed that War.

Cert. Filed In Massachusetts Church Closing Case

Today's Boston Globe reports that a petition for certiorari to the U.S. Supreme Court has been filed in the case of Maffei v. Roman Catholic Archbishop of Boston. In May, the Massachusetts Supreme Judicial Court dismissed a challenge to the Archdiocese's decision to close and sell off St. James Church in Wellesley, brought by heirs of the Maffei family who donated the property on which the church sits, as well as by a donor to the church. They say they were promised that the church would be maintained in honor of Waldo Maffei's father. The petition for cert. challenges the ruling of the Massachusetts high court that most of the claims in the suit raise matters of internal church governance that the First Amendment precludes civil courts from deciding. (See prior posting.) Petitioners' attorneys argue that this is a secular civil dispute that involves no religious doctrine or practice.

Indian Supreme Court Orders Registration of All Religious Marriages

Last week, according to the BBC, India's Supreme Court ruled for a second time that all marriages must be registered with the government. Currently, particularly in rural areas, most marriages are entered through a religious ceremony and not registered with civil authorities. A February 2006 ruling had already required registration, but some Indian states only mandated this for Hindu marriages. Last July, the Supreme Court granted the five states that are not in compliance a last chance to amend their law. (See prior posting.) Apparently last week's ruling ordering the registration of non-Hindu weddings as well comes after these states failed to enact their own rules. The order, however, is being opposed by leaders in the Muslim community who say they have their own system of registration in place. Today's Mauritius Times carries a long dispatch from India discussing the background of the Supreme Court's order and its impact on women's rights.

Anti-Gay Funeral Picketers Ordered To Pay $10.9 Milliion In Damages

A federal jury in Baltimore, Maryland yesterday awarded $10.9 million in damages in the civil lawsuit against the homophobic Westboro Baptist Church and its leaders who had been sued over their picketing of the funeral of Marine Lance Cpl. Matthew Snyder. (See prior posting.) The Baltimore Sun and CNN report on the award to Snyder's father of $2.9 million in compensatory damages, followed by an award of $6 million in punitive damages for invasion of privacy and $2 million in punitive damages for causing him emotional distress. The award far exceeds the assets which defendants claim to have, though in closing arguments, plaintiff's attorney told jurors that they did not have to believe defendants' claims about their meager assets.

Churches Pledge Defiance As Oklahoma's New Immigration Law Takes Effect

Oklahoma's new HB 1804 that makes it a felony to harbor, house, conceal or transport illegal aliens, goes into effect today. The new law also requires state contractors to check on workers' immigration status and denies various state benefits to illegal immigrants. According to the Tulsa World, a federal judge late yesterday afternoon issued a ruling denying a preliminary injunction requested by opponents of the law. (See prior posting.) At Gov. Brad Henry's office in Oklahoma City on Tuesday, Richard Klinge, a representative of Catholic Charities, delivered over a thousand signed pledges to oppose and defy the law. (Joplin Globe report.) Most of the pledges were from from members of the predominantly Hispanic Sacred Heart Catholic Church in Oklahoma City. Klinge said: "The Catholic Church will not quit serving the needs of the poor. The Catholic Church will be there for them."

7th Circuit Holds Taxpayers Lack Standing To Challenge Indiana Legislative Prayer

Yesterday in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly, (7th Cir., Oct. 30, 2007), the U.S. 7th Circuit Court of Appeals, in a 2-1 decision, held that Indiana taxpayers lack standing to challenge the opening of Indiana legislative sessions with sectarian prayers. The majority applied two recent U.S. Supreme Court decisions-- DaimlerChrsyler Corp. v. Cuno, a 2006 case that held state taxpayer suits in federal court must meet the same criteria as federal taxpayer suits, and Hein v. Freedom from Religion Foundation, Inc., a 2007 case that interpreted federal taxpayer standing narrowly. The majority opinion in the 7th Circuit relied on the fact that there was no specific legislative appropriation establishing the program that invited guest ministers to deliver invocations. The majority said that the minimal costs associated with the program have nothing to do with the content of the prayers offered. Judge Wood dissenting argued that the House Rule calling for opening each session with prayer is a legislative act that creates a pocketbook injury to plaintiff taxpayers, and therefore gives them standing.

Covering yesterday's decision, the Indianapolis Star quotes ACLU attorney Ken Falk. He says if the legislature resumes sectarian prayer, his group would be willing to file suit on behalf of a person who would likely have standing-- someone who regularly attends legislative sessions and must listen to the prayers.

Meanwhile the American Jewish Committee issued a release saying that yesterday's decision "is extremely alarming because it denies taxpayers the right to challenge a legislative act that in practice gives preferential access to Christian clergy in determining who shall present a daily legislative prayer." Indiana Attorney General Steve Carter released a statement in support of the decision, saying: "Legislative prayer is a worthy act that I think the State should protect within relevant legal precedents."

Numerous prior postings on the case can be accessed at this link. Links to a recording of the Sept. 2006 oral arguments before the 7th Circuit , and to the earlier opinion staying the lower court's injunction pending appeal, are also available online.

Buddhist Chapel Added At Air Force Academy

At the U.S. Air Force Academy, prayer space for use by Buddhist students opened on Monday. Yesterday's Air Force Times reports that the new Vast Refuge Dharma Hall in the basement of the Academy's modernistic Chapel will serve the 26 Buddhist cadets currently enrolled in the Academy.

Virginia Case Raises Question of Private Enforcement of Charitable Trust Terms

A case pending in the Virginia Supreme Court may have an important impact on religious institutions in that state. Today's Lynchburg (VA) News-Advance reports that the case (which involves the use of donations to the former Randolph-Macon Women's College) raises the question of whether only the state's Attorney General can enforce the terms of a charitable trust, or whether private parties can also do so. A brief filed Monday by state Attorney General Robert McDonnell argues that private parties with a sufficient interest should be permitted to pursue enforcement of the terms of a charitable trust.

Murders For Witchcraft Use of Body Parts On Rise In South Africa

South Africa's Cape Times today reports on the rise of murders involving the theft of human body parts by practitioners of muthi. the problem is particularly acute in the province of KwaZulu-Natal. President of the KwaZulu-Natal Traditional Healers Association, Sazi Mhlongo, condemned the murders, saying that many people are confusing the witchdoctors practicing muthi with legitimate traditional healers.

7th Circuit Rules For Baptist Church In RLUIPA Zoning Case

Writing for the 7th Circuit in his usual engaging style, yesterday Judge Richard Posner in Digrugilliers v. Consolodated City of Indianapolis, (7th Cir., Oct. 30, 2007), reversed a district court's denial of a preliminary injunction in a religious land use case. At issue was whether in requiring a Baptist Church to obtain a variance in order to lease space for its religious services in a district zoned for commercial use, Indianapolis was violating the provision of RLUIPA that prohibits unequal treatment of religious institutions.

The Court of Appeals rejected two rather elaborate theories used by the district judge to deny relief to the church. The lower court said that since a religious use includes not only religious services, but also residential uses such as a rectory for the minister, churches would get preferential treatment if they were not required to obtain a variance. Second it said that a church could interfere with existing businesses because state law prohibits the sale of liquor or pornography within specified distances from any church. Judge Posner wrote: "Government cannot, by granting churches special privileges (the right of a church official to reside in a building in a nonresidential district, or the right of the church to be free from offensive land uses in its vicinity), furnish the premise for excluding churches from otherwise suitable districts."

Saudi King Urges British Muslims Toward Moderation

Yesterday's International Herald Tribune reports on the remarks made by Saudi Arabia's King Abdullah at a halal banquet given in his honor by Queen Elizabeth during the king's visit to Britain. Praising British toleration of "all races, creeds and color," King Abdullah said: "I should like to take this opportunity to call upon our Muslim brethren living in Britain to be honest and upright Muslims and worthy British citizens, striving to build and construct so that they may convey the true image of the principles of Islam, those eternal principles of love, mercy and moderation." These remarks come as a conservative British think tank, the Policy Exchange, released a report (full text) claiming that agencies linked to the Saudi government are distributing extremist literature to mosques and Islamic centers in Britain. Today's New York Sun has more on these charges.

New Poll Shows Voters Oppose Candidates Using Religion To Influence Election

The Interfaith Alliance released a new poll yesterday showing that 68% of all Americans, and 60% of those who attend religious services regularly, oppose presidential candidates using their faith or religion to influence voters. 81% of all those polled and 75% of those who attend religious services regularly believe it is important that the next president nominate Supreme Court Justices who will protect the separation of church and state. When respondents were asked how much influence clergy should have on voters' decisions, 57% of all respondents thought none or not much, while over 70% of those who do not attend religious services regularly thought clergy should have little or no influence on voting. The full report (Word.doc) gives additional statistical details. The October poll of 1010 people has a margin of error of 3.1%.

Article Explores Accommodation of Religious Anti-Gay Workplace Expression

An article in today's New York Law Journal explores the difficulties raised for employers under the New York Human Right Law in accommodating employees who regard workplace expression of beliefs against homosexuality as a religious duty. Author Judith Moldover says: "The conflict between sexual orientation discrimination and the duty to accommodate religious bias against homosexuals typically arises in three types of situations: refusal to service homosexual clients, refusal to participate in diversity programs and training, and supervisory conduct."

Supreme Court Hears Arguments In Prisoner's Tort Claims Act Case

Yesterday the U.S. Supreme Court heard arguments (full transcript) in the case of Ali v. Federal Bureau of Prison, 06-9130. At issue is whether a suit for damages can be brought under the Federal Tort Claims Act (FTCA) by a Muslim inmate who claims that prison officials mishandled his prayer rug and two copies of the Koran. They are among items that are missing after inmate Abdus-Shahid Ali was transferred from a prison in Atlanta to one in Kentucky. The government argues that Ali should be limited to filing an administrative complaint for the items lost in transit. (Associated Press.) The 11th Circuit Court of Appeals below dismissed Ali's claim because 28 USC Sec. 2680(c) provides that the waiver of sovereign immunity in the FTCA does not extend to claims for the detention of property. Circuits are split over whether this provision applies to suits against all government officials, or only to suits against officers acting in a tax, excise, or customs capacity. (Questions presented.) The merit briefs in the case are also available online. [Thanks to How Appealing for the lead.]

As Halloween Approaches, Paper Recounts 17th Century Witch Trials

As Halloween approaches, today's Idaho Statesman recounts the history of four different witch trials in 17th century New England. Rebecca Bowen-Odom, a descendant of one of those tried, argues that the strange behavior of women in those days may have been caused by egot fungus poisoning. Ergot was used by 17th century midwives to hasten childbirth.

Canadian Prime Minister Meets With Dalai Lama For First Time

Canadian Prime Minister Stephen Harper yesterday became the first Canadian prime minister to hold an official meeting with the Dalai Lama. CTA.ca reports that the Chinese embassy in Ottawa has protested the meeting, saying: "It is a blatant interference in China's internal affairs and has severely hurt the feelings of the Chinese people." Earlier in the day, the Dalai Lama praised Canada's multiculturalism, urging China's leaders to learn from Canada's "promotion of unity based on mutual respect." The meeting follows a first-time public appearance between a U.S. president and the Dalai Lama earlier this month. (See prior posting.)

Recent Prisoner Religious Exercise Cases In U.S. and Britain

In Ashmore v. Frank, 2007 U.S. Dist. LEXIS 79235 (WD WI, Oct. 23, 2007), a prisoner claimed that while he was in temporary lockup for 26 days he was denied use of his Bible and attendance at religious services. A Wisconsin federal district court ruled that he can proceed with his claim if he amends his complaint to identify the individual defendants personally involved in the deprivation.

Singh v. Goord, 2007 U.S. Dist. LEXIS 78742 (SDNY, Oct. 9, 2007), involved a challenge by a Sikh prisoner to various policies of the new York Department of Corrections, attempting to obtain greater accommodation of a number of Sikh religious practices. Some of the claims were dismissed for failure to exhaust administrative remedies. However, the court permitted plaintiff to move ahead on his claim that he should be permitted to wear the kara (steel bracelet) and khanda (pendant), possess a second kanga (religious comb), possess longer turbans, remain in contact with religious articles during searches, and that prison religious exercise policies should be re-written to include Sikhs. It granted plaintiff summary judgment on separate packing and storage of his scriptures. It granted defendants summary judgment allowing them to require plaintiff to pray quietly instead of out loud, upholding the vegetarian diet plaintiff is now served, and permitting the identity card maintained by prison authorities.

In Britain, Muslim prisoners at a high security facility in Leeds are suing for $20 million in damages because of a mistake in the Ramadan menu. CFP yesterday reported that the menu offered ham sandwiches as one of the options. Ministry of Justice officials say it was merely a printing mistake, but some inmates claim they actually received ham sandwiches when they ordered cheese sandwiches, and that some were so hungry that they ate the religiously forbidden ham.

Israeli Rabbinate Threatens To Fine Zionist Rabbinical Group

In Israel yesterday, the Chief Rabbinate's legal counsel said he would press to have the Rabbinate impose fines on Tzohar, the organization of Zionist rabbis that is moving to implement an alternative certification process for produce grown in Israel during the current sabbatical year. Today's Jerusalem Post quotes Chief Rabbinate Legal Advisor Shimon Ulman: "We can't allow every Dr. Jekyl and Mr. Hyde to open his own kosher supervision outfit." However the director general of the Chief Rabbinate was more cautious, saying that technically the Tzohar rabbis are not violating the Kashrut Fraud Law. If implemented by the Chief Rabbinate, an order of the Israeli Supreme Court issued last week will moot the controversy. The court ordered the Chief Rabbinate to override local rabbis and certify as kosher produce grown on land technically "sold" to a non-Jew during the sabbatical year (heter mechira). (See prior posting.) [Thanks to Joel Katz for the lead.]

Italian Church Groups Evicting Tenants To Get Higher Rents

Rising rents in Italy, particularly in Rome, have led landlords to refuse to renew many residential leases at their current rates. A temporary law has blocked some landlords from evicting low-income families with children and households with members who are elderly, seriously disabled or terminally ill. However the law does not apply to ecclesiastical bodies. Today's Guardian reports that several thousand residents in Rome are about to be evicted from properties owned by religious orders, papal colleges and foundations originally set up for charitable purposes. A tenants' organization has written a letter of protest to Archbishop Angelo Bagnasco, head of the Italian bishops' conference, who last month delivered a widely-reported speech protesting the lack of low-cost housing for pensioners and single-income families who are being evicted.

TRO Against Anti-Muslim Group Extended

Yesterday a federal district court in Dallas, Texas extended an earlier temporary restraining order against Joe Kaufman and his organization, Americans Against Hate. The original TRO was aimed at planned protests at Six Flags Amusement Park during Muslim Family Day at the park earlier this month. The TRO barred Kaufman from threatening members of various Muslim organizations. Kaufman had used his website to encourage protests against sponsors of the Family Day who he referred to as "radicals", "extremists" and "jihadists", because of their connection to the Holy Land Foundation, a group listed as an unindicted co-conspirator in the recent Holy Land Foundation terrorism financing case. Today's Dallas Morning News reports that in obtaining an extension of the TRO, plaintiffs' attorney Don Fulton argued that Muslim groups are still being targeted on Mr. Kaufman’s Web site. Kaufman has posted photos and addresses of local mosques affiliated with the North American Islamic Trust. Fulton says this encourages violence against them. The court rejected Kaufman's argument that it lacked personal jurisdiction over him.

Military Funeral Flag Script Dropped After Objection To Jewish References

At military funerals, it has been a tradition if requested by the family for the honor guard to fold the flag that covered the veteran's coffin 13 times and to recite a script developed by veterans' groups that suggests an inspirational meaning for each fold. Now, according to Friday's Military Times, the National Cemetery Administration has banned the ceremony at all funerals after receiving a complaint about the language describing the 11th fold: "The eleventh fold, in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Isaac, and Jacob." The Chico (CA) Enterprise Record says that the complaint originated with a funeral at Southern California's Riverside National Cemetery.

The script accompanying the 12th fold also mentions religion: "The twelfth fold, in the eyes of a Christian citizen, represents an emblem of eternity and glorifies, in their eyes, God the Father, the Son, and Holy Ghost." Last July, the Air Force secularized the script used at its funerals. (See prior posting.) [Thanks to Scott Mange for the lead.]

Breakaway Presbyterians In Ohio Keep Church Property

In November 2006, members of the Hudson (OH) Presbyterian Church voted 166-61 to disaffiliate from the Presbyterian Church USA. It has since been operating independently, but two weeks ago voted to affiliate with the New Wineskins Association of Churches. After the vote-- which was prompted by disagreements over theological and policy issues-- those remaining loyal to the PCUSA were designated by the Eastminster Presbytery as the true Hudson Presbyterian Church. However, according to the Akron Beacon Journal, a Summit County Common Pleas Court magistrate ruled on Friday that the church's property belongs to the majority breakaway group. Magistrate John Shoemaker rejected the argument that the church property was held in trust for the denomination as defined in the PCUSA constitution. The decision is consistent with one by a New Hampshire court earlier this month. (See prior posting.)

UPDATE: Here is the full text of the magistrate's opinion in Hudson Presbyterian Church v. Eastminster Presbytery, (OH Com. Pl., Summit Co., Oct. 23, 2007). [Thanks to Ed Koster for sending along the opinion.]

UPDATE: The Christian Post on Monday reports on the fourth annual Convocation of the New Wineskins Association of Churches beig held this week. It will create a non-geographical Transitional Presbytery for the increasing number of congregations leaving the PCUSA to seek New Wineskins membership.

Prisoner Claim Raises Holiday Decoration Issue In New Context

An obscure prisoner case has raised the issue of holiday decorations in a new context. In Spence v. Federal Correctional Institute, 2007 U.S. Dist. LEXIS 75398 (WD LA, Oct. 9, 2007), affirming Magistrate's recommendation and report, 2007 U.S. Dist. LEXIS 77617 (WD LA, Sept. 12, 2007), a prisoner claimed that his free exercise rights had been violated when an officer at a federal correctional facility in Pennsylvania ordered him to assist with installation of a Santa Clause and reindeer being put up in the prison as holiday decorations. Eugene Spence said that assisting was in conflict with his beliefs as a Muslim and requested another job assignment. However prison authorities refused, saying that the decorations were non-denominational. In this decision, the court merely transferred the case from Louisiana to a Pennsylvania federal court, thus temporarily avoiding the merits of the claim.

Some Wisconsin Amish Object To Obtaining Building Permits

Sunday's LaCrosse, Wisconsin Tribune reports on a small group of conservative Amish in Albion, Wisconsin who object on religious grounds to taking out building permits before constructing homes or driveways. Eric Gove, an Amish friend of some of the objectors, says that Amish beliefs create problems with granting officials a right of inspection. Some also object to signing the permit because it violates the Biblical verse in 2 Corinthians that reads: "Be not unequally yoked together with non-believers." Beginning in July, the town cited five Amish men for noncompliance with permit requirements, which could lead to fines of $10 to $1000 per day.

Recent Articles of Interest

From SSRN:

• Martha Jane Bailey, Beverley Baines & Bita Amani, Expanding Recognition of Foreign Polygamous Marriages: Policy Implications for Canada, (Queen's Univ. Legal Studies Research Paper No. 07-12, 2006).


• Muriel Morisey, Flag Desecration, Religion and Patriotism, (Rutgers Journal of Law and Religion, Vol. 9, 2007).


• Robert A. Sedler, Essay: The Protection of Religious Freedom under the American Constitution, (Wayne State University Law School Research Paper No. 07-37).


• Benjamin Straumann, The Peace of Westphalia (1648) as a Secular Constitution, (September 2007).

Other:

• Journal of Church and State , Vol 49, No. 3 (Summer 2007) has recently been published.

Roots of Spain's Church-State Tensions Go Back to Spanish Civil War

In Spain, tensions between the Catholic Church and the country's current Socialist government revive tensions and memories from the bloody Spanish Civil war of 70 years ago. Today's Los Angeles Times reports that in addition to the offering of classes in Catholicism under an arrangement that dates back to post-Civil War rule of Francisco Franco, Spain's government has now introduced a new mandatory "education for citizenship" course. The Church claims that the new offering contradicts Church teachings by advocating the acceptance of homosexuals. The church's liaison to the Education Ministry, Sister Maria Rosa de la Cierva, says: "This is a frontal assault on the Catholic religion. This is an authentic scholastic war . . . and part of a clear persecution, little by little, of the Catholic faith." The Church wants students to be able to opt out of the new course, and several months ago LifeSite News reported that at least some religiously-operated schools are offering that option.

Meanwhile, in another move that heightens tensions, USA Today reports that the Vatican has beatified 498 victims of the anti-Catholic persecution that began in 1931 and became an excuse for Nationalists to launch a rebellion that ultimately placed Franco in power. This declaration of martyrdom comes just three days before Spain's Parliament is to enact a Socialist-sponsored law that will condemn Franco and call for the removal of tributes to him around the country. (See prior posting.) The ceremony today in St. Peter's Square in Rome is the largest mass beatification ceremony the Church has ever held.

Catholic Bishops Debating Draft Of Election Year Guide

Saturday's New York Times discusses the challenge facing Catholic bishops when the meet in Baltimore next month to consider the draft of their 2008 statement on political responsibilities of Catholics. This election year's draft is titled "Forming Consciences for Faithful Citizenship". The bishops do not want this to be a partisan voters' guide. However debate looms on how prominent the abortion issue should be in the guide as well as on why the war in Iraq is not a more prominent part of the statement. The guide, issued each Presidential election year since 1976, regularly deals with a broad range of social issues.

Canadian Bill Would Require Muslim Women To Uncover Face Before Voting

In the Canadian Parliament on Friday, the government introduced a bill that would require all voters, including veiled Muslim women, to identify themselves with their faces uncovered in order to vote. Bill C-6 provides an exemption only when uncovering one's face would be harmful to the prospective voter's health. Reporting on the bill, Friday's Toronto Globe & Mail indicated that election officials would have flexibility in administering the law in order to respect religious beliefs. For example, Elections Canada could allow Muslim women to uncover their faces behind a screen with only a female elections official present. The introduction of the bill follows political criticism of Quebec's election officials who said they would permit women wearing a niqab to identify themselves with their faces covered. (See prior related posting.)

Kansas Supreme Court Temporarily Halts Grand Jury Probing Abortion Provider

The state of Kansas has a provision that requires a grand jury to be summoned in a county upon a petition of 100 plus 2% of the total number of votes cast for governor in the county in the last election. (K.S.A. § 22-3001). Following the lead of Sedgwick County citizens, a coalition of anti-abortion groups has just filed a petition to impanel a grand jury in Johnson County, Kansas to investigate whether a Planned Parenthood clinic has violated the state's abortion law. (Background). Meanwhile, according to the Kansas City Star, on Friday the Kansas Supreme Court issued an order temporarily blocking the Sedgwick County grand jury convened in this manner from proceeding. Wichita abortion provider George Tiller, the object of the investigation, alleged that the proceedings amount to harassment. The Supreme Court ordered two Sedgwick County judges to respond to Tiller's petition to the Supreme Court.

No Free Exercise Issue In Church's Flea Market Restrictions

In Shaffer v. Jones, 2007 U.S. Dist. LEXIS 79117 (ND IN, Oct. 5, 2007), an Indiana federal district court dismissed free exercise and equal protection claims brought against the the manager of a flea market, holding that the manager was a private individual and was not acting under color of law. The market apparently was operated by the Embassies of Christ Church. Plaintiff James Shaffer alleged that the manager, Jerwan Jones, told him that he worshiped a false God and was going to hell. Jones warned Shaffer that if he did not remove all non-Christian items from his booth space, he would no longer be allowed to operate at the market. The court said: "The Constitution does not prevent a church from restricting the message presented at an event it is running."

UN Religious Freedom Official Worries About Abuse of Religious Power

Two recent speeches by Asma Jahangir, the United Nations Special Rapporteur for Freedom of Religion or Belief, are in the news as the UN official expresses concern about blasphemy laws and about illegal conduct undertaken in the name of religion.

In an Oct. 25 speech to the NGO, Committee for Freedom of Religion or Belief, she warned against countries going too far in banning defamation against religion. According to the Adventist News Network, Jahangir argued that "objective criticism" of religion is a human right, and expressed concern that blasphemy laws can be used to silence dissent. She also rejected analogies between racial hatred and religious hatred, saying: "religion is unlike race -- you cannot proselytize to change [your] race. There are serious differences."

Speaking on Oct. 26 before the General Assembly’s Social, Humanitarian and Cultural (Third) Committee, Jahangir warned against the use of religion as an excuse for criminal action that encroaches on the rights of others. A UN News Centre release quotes her: "No impunity should be awarded when criminal acts which infringe on the human rights of others are given a religious label. At the same time, all governmental actions should be proportionate, abide by the rule of law and respect the applicable international human rights standards."

NYT Article Focuses On Splits In Evangelical Movement

Today's New York Times Magazine carries a feature article by David D. Kirkpatrick titled The Evangelical Crackup. It discusses at length generational and theological splits in the evangelical Christian movement. Here is an excerpt:

For the conservative Christian leadership, what is most worrisome about the evangelical disappointment with President Bush is that it coincides with a widening philosophical rift. Ever since they broke with the mainline Protestant churches nearly 100 years ago, the hallmark of evangelicals theology has been a vision of modern society as a sinking ship, sliding toward depravity and sin. For evangelicals, the altar call was the only life raft — a chance to accept Jesus Christ, rebirth and salvation. Falwell, Dobson and their generation saw their political activism as essentially defensive, fighting to keep traditional moral codes in place so their children could have a chance at the raft.

But many younger evangelicals — and some old-timers — take a less fatalistic view. For them, the born-again experience of accepting Jesus is just the beginning. What follows is a long-term process of “spiritual formation” that involves applying his teachings in the here and now. They do not see society as a moribund vessel. They talk more about a biblical imperative to fix up the ship by contributing to the betterment of their communities and the world. They support traditional charities but also public policies that address health care, race, poverty and the environment.

Employment Discrimination Suit Filed Against New York Synagogue

The New York Sun reported Friday on a discrimination suit filed in New York state court by two former administrators against a prominent Manhattan synagogue, Temple Emmanu-El. Plaintiffs Marion Hedger and Phyllis Treichel allege they were fired because of their age and because they were not Jewish as the synagogue attempted to change the image of its religious school.

6th Circuit Says Christian High Schoolers Can Cahllenge Anti-Harassment Code

Yesterday in Morrison v. Board of Education of Boyd County, (6th Cir., Oct. 26, 2007), the U.S. 6th Circuit Court of Appeals rejected mootness and standing challenges to a claim brought by Christian high school students and their parents who argued that Boyd County (KY) High School students’ First Amendment speech rights were “chilled” by the school’s anti-harassment/ discrimination policy. More specifically, plaintiffs alleged that the speech codes in effect during the 2004-05 school year (and later changed) prevented Christian students from expressing their views that homosexuality is sinful, and that the speech codes and related anti-harassment training undermined students’ ability to practice their Christian faith.

In a 2-1 decision, the majority held that “an allegation of a past chill of First Amendment-protected activity is sufficient to confer standing to a plaintiff seeking retrospective relief, even when that relief comes in the form of nominal damages…. [T]o establish such a claim, a plaintiff must show that the defendant’s actions or policy would deter a person of ordinary firmness from exercising his or her First Amendment liberties in the way that the plaintiff alleges he or she would have, were it not for the defendant’s conduct or policy.”

Judge Cook, dissenting, said: "'This is a case about nothing.' The majority burdens a federal district judge with a full-blown trial to determine whether to award the plaintiff a single dollar if a policy no longer in effect was unconstitutional despite never being enforced against the plaintiff.”

The appeal brought together unusual allies. Both the ACLU and the Alliance Defense Fund praised the 6th Circuit’s result. The AP reported on the decision. (See prior related posting.)

Suit Challenges Illinois' Moment-of-Silence Law

In Chicago, high school freshman Dawn Sherman and her father, a radio talk show host, have filed suit against Gov. Rod Blagojevich and Township High School District 214 challenging the constitutionality of Illinois new law mandating a moment of silence each school day. (See prior posting.) The Associated Press report quotes Sherman: “What we object to is Christians passing a law that requires the public school teacher to stop teaching during instructional time, paid for by the taxpayers, so that Christians can pray.” This is not Sherman’s first church-state lawsuit. He previously sued to remove religious symbols from city seals and to ban Boy Scouts from meeting at public schools.

UPDATE: On Monday, according to the AP, Illinois U.S. District Judge Robert Gettleman refused to issue a temporary restraining order to prevent District 214 and Buffalo Grove High School from holding a moment of silence, after school officials agreed they would not mention religion in carrying out the law. However the court permitted the suit challenging the law to move ahead and scheduled another hearing for next month. The judge suggested that Sherman drop the Governor as defendant and replace him with the state board of education.

County To Provide Tax Exempt Financing For Parochial School Construction

The Toledo- Lucas County (Ohio) Port Authority Board of Directors has approved a bond inducement resolution indicating that it plans to issue up to $12 million in bonds to provide tax-exempt financing to the Catholic Diocese of Toledo for construction and renovation of six elementary school buildings. Today's Toledo Blade reports that payment of the bonds will be backed by a bank letter of credit, and not by the Port Authority. Michael Frank, chairman of the Board's finance committee, said that the facilities being built or renovated will be used solely for education, and not for religious purposes.

British Prime Minister Announces Plans To Create Constitution and Bill of Rights

In an important speech today at the University of Westminster, British Prime Minister Gordon Brown announced the initiation of a national consultation to draw up a Bill of Rights and create a written constitution for the United Kingdom. Currently Britain's constitution is a collection of basic laws and unwritten traditions. A UK government press release sets out the full text of the Prime Minister's remarks. Part of his lengthy speech focused on the history of religious tolerance in Britain. Here are excerpts:

First, I trace the historical roots of liberty in Britain to a struggle for tolerance, by which I mean also a gradual acceptance of pluralism - a notion of political liberty that would allow those of different denominations and beliefs to coexist peacefully together.... This did not happen all at once, or without setbacks and struggle. The flames of religious intolerance burned across this land too. But never as strongly as in continental Europe....

[W]e should neither glorify nor distort what has gone before - and the struggles, both the ups and downs, of empire are not long behind us - to uphold a particular view of where we are now or what we can become. So we need to recognise, for example, that it took until 1829 for Catholic emancipation, even later for legislation ending discrimination against the Jewish community..... But the single most powerful thread that runs though our history is a succession of chapters in the defence of liberty and toleration. We gave refuge to Huguenots fleeing persecution in the 1600s. By the eighteenth century, London was arguably already the world's most diverse city - a situation which we can remain proud of in Britain to this day.

Head of White House Faith-Based Initiative Interviewed

Today's Waco, Texas Tribune-Herald publishes an interview with Jay Hein, director of the White House Office of Faith-Based and Community Initiatives. Among other things, Hein says he expects that his Office, created by Executive Order, will survive beyond the Bush administration. He said: "more and more public officials on both sides of the political aisle see the pragmatic value of this as a governing strategy." Asked about safeguards in maintaining separation of church and state in the program, Hein said: "We're setting the bar very high on understanding appropriateness, the appropriate use of public funds and the appropriate expression of faith in delivery of services."