Pennsylvania's Coverage of Gays In Hate Crime Law Struck Down

In 2004, members of the Christian group Repent America were arrested by Philadelphia police on charges including ethnic intimidation because of a confrontation during their preaching and picketing at OutFest, a gay pride festival. They subsequently filed suit challenging the constitutionality of Pennsylvania's ethnic intimidation law that was amended in 2002 to add sexual orientation and several other categories to its previous coverage of crimes committed because of race, religion or national origin. Yesterday in Marcavage v. Rendell, (PA Commnw. Ct., Nov. 15, 2007), the Pennsylvania Commonwealth Court, in a 6-1 decision, struck down the statute because of the legislative procedures used to enact it. The Commonwealth Court is one of Pennsylvania's intermediate appellate courts.

Art. I, Sec. 3 of Pennsylvania's constitution provides that "no bill shall be so altered or amended, on its passage through either House, as to change its original purpose." The court held that the ethnic intimidation amendments, that began as a bill to criminalize crop destruction, violates this constitutional provision because the final provisions bear no nexus to the conduct at which the original legislation was directed. Reporting on the decision, today's Philadelphia Enquirer says that Pennsylvania Governor Ed Rendell has called on the legislature to re-enact the invalidated provisions.

Head Start Reauthorized With Prohibition On Religious Discrimination In Bill

Blog from the Capital reports that H.R. 1429, the Head Start for School Readiness Act, was passed in final form by Congress and sent to the President on Wednesday, leaving in it the anti-discrimination provision that had been the subject of extensive debate in the House. (See prior posting.) Some House members had backed amendments to allow religious preferences in hiring by Head Start programs.

Deviant Islamic Sects Are Being Banned By Indonesian Government

Yesterday's International Herald Tribune reports on arrests in Indonesia of several unorthodox Islamic leaders and the banning of their organizations, even though the country's Constitution (Art. 29) guarantees freedom of religion. On Nov. 9, the Indonesian Supreme Court sentenced Abdul Rachman, a leader of Lia Eden, to three years in prison for blasphemy. Rachman claims to be the reincarnation of the Prophet Muhammad. In another case, the attorney general's office is pursuing blasphemy charges against Ahmad Moshaddeq, leader of al-Qiyada, even though he has declared his teachings were misguided and says he will return to mainstream Islam. A 1965 presidential decree permits banning of religious organizations that "distort or misrepresent" official faiths. A spokesman for Indonesia's top clerical body, the Ulema Council, says that the Council tries to educate deviant groups about "true Islam" before police become involved. The Ulema Council, using the beliefs of Sunni Islam, lists 250 Muslim sects in the country as "deviant". Human rights lawyers in the country are concerned about these developments.

Senate Resolution Recognizes Diwali Festival

On Wednesday, the U.S. Senate passed S. Res. 299, a resolution recognizing the significance to U.S. Hindus, Sikhs, and Jains of Diwali, a Festival of Light that has varying historical associations to each religious group. The resolution also calls on the President to issue a proclamation recognizing Diwali. An identical resolution, H. Res. 245, has been introduced in the House of Representatives. This year, Diwali was celebrated on Nov. 9.

Vetoed Bill Protected Voluntary Prayer In Schools

H.R. 3043, the Departments of Labor, Health and Human Services, and Education Appropriations Bill that was vetoed by President Bush on Tuesday, provides in Sec. 303 that "no funds appropriated in this Act may be used to prevent the implementation of programs of voluntary prayer and meditation in the public schools." Bush's veto message, of course, was not directed at this provision, but instead at his concern over "excessive spending".

NY High Court Dismisses Orthodox Jew's Privacy Claim As Time-Barred

Yesterday in Nussenzweig v. diCorcia, (NY Ct. App., Nov. 15, 2007), New York's highest court agreed with a majority in the Appellate Division (see prior posting) that the statute of limitations barred a Hasidic Jew from suing a professional photographer who took his photo without consent. Photographer Philip-Lorca DiCorcia took a series of photographs of people in Times Square, including Erno Nussenzweig, and used the photos in a gallery exhibition and accompanying catalogue. Nussenzweig's interpretation of the Biblical ban against making graven images was violated by the use of the photo. The court held that New York's "single publication rule" should be applied to right of privacy actions under the state's civil rights law (Sec. 50 and 51), so that the cause of action accrued on the date the offending material was first published. Haaretz reports on the decision.

7th Circuit Rejects School Counsellor's Religious Discrimination Claim

In Grossman v. South Shore Public School District, (7th Cir., Nov. 15, 2007), the U.S. 7th Circuit Court of Appeals affirmed the district court's rejection of a First Amendment and Title VII religious discrimination claim brought by a school guidance counsellor. The school denied plaintiff tenure because, without consulting her supervisors, she destroyed literature on condom use and replaced it with literature advocating abstinence. Plaintiff had also urged two students who came to her for advice to pray with her. The court concluded that plaintiff was not denied tenure because of her religious beliefs, but instead because of her actions. The court declared: "Teachers and other public school employees have no right to make the promotion of religion a part of their job description." The 7th Circuit's website also links to an audio recording of oral arguments in the case presented last September.

Preliminary Injunction Issued To Permit Gideons To Distribute Bibles Near Schools

In Gray v. Kohl, (SD FL, Nov. 14, 2007), a Florida federal district court adopted a magistrate's earlier Report and Recommendation (June 29, 2007) and issued a preliminary injunction against enforcing Florida's School Safety Zone Statute against a Gideon who had been distributing Bibles within 500 feet of a Key Largo school. (See prior posting.) The magistrate's report concluded that the law was unconstitutionally vague, in particular because of the uncertainty of what constitutes having "legitimate business" near a school. Alliance Defense Fund issued a release praising the decision.

Senator Says Defy China's One Bible Limit At Olympics

CNS News reports that Colorado Senator Ken Salazar, in a Cybercast News interview (audio), said that Americans travelling to the Beijing Olympics next year should defy China's requirement that travellers bring no more than one Bible into the country. Wang Hui, executive deputy director of the Beijing Organizing Committee for the Olympic Games, has described the policy as one permitting athletes and travellers to bring their own Bibles, but not multiple copies for public distribution.

Strip Club Owner Sues Church and County Sheriff

Today's Zanesville, Ohio Times Recorder reports on a lawsuit pending in federal district court in Columbus (OH). In Nellie, Ohio, members of the New Beginnings Ministries have been conducting weekly picketing of a strip club known as the Foxhole. Foxhole owner, Thomas George, has filed suit against the church and its members seeking damages and an injunction. George also claims that Coshocton County Sheriff Tim Rogers has violated his rights by refusing to remove protesters from his property and refusing to file trespassing charges against them. Thomas Condit, attorney for the church, says that church members are merely exercising their First Amendment rights to advise the public "not to patronize a business they think is unhealthy and immoral." Last week the church filed a counter-claim alleging that an explosion last July in a dumpster outside of the Foxhole was aimed at threatening or injuring protesters.

Post-Trial Motions Filed In Westboro Funeral Picketing Case

In a Baltimore, Maryland federal district court, anti-gay Westboro Baptist Church and its leaders are asking the court to overturn the jury's recent $10.9 million award against them and to stay enforcement of the judgment pending appeal of the case. The verdict came in a suit by the father of a Marine whose funeral was picketed by church members. Yesterday's Baltimore Sun reported that the request was made last week in a post-trial motion arguing that the verdict was "the product of passion, prejudice and bias, based specifically and exclusively upon disagreement with defendants' religion." Meanwhile, today's Baltimore Sun reports that in records considered by the jury in assessing damages, Westboro Baptist Church and its three leaders who were sued said that their net worth is just under $1 million. Plaintiff intends to challenge the accuracy of these figures. Financial information will be important as the trial judge considers motions to reduce the jury awards.

UPDATE: In an unusual move, defendants on Nov. 9 also filed a writ of mandamus with the U.S. Supreme Court seeking review of the constitutional questions involved in the case. (AP). It appears unlikely that the Supreme Court will intervene at this early stage. [Thanks to First Amendment Law Prof Blog for the lead.]

Court Hears Arguments Over Memorial Crosses On Public Land

Today's Salt Lake Tribune reports on Tuesday's arguments in federal district court in Salt Lake City (UT) in an Establishment Clause challenge to markers placed on public property to memorialize state Highway Patrol officers. Since 1998, the Utah Highway Patrol Association has put up a 12-foot high cross near each place where a Highway Patrol officer died in the line of duty. Nine of the 13 crosses are on public property. Each carries the name of the officer being memorialized and the Utah Highway Patrol's insignia. Attorneys for American Atheists, Inc. argued that the crosses are religious symbols that should not be placed on government property. In response, the state asserted the crosses are secular symbols that memorialize deceased troopers and urge travellers to drive safely. (See prior related posting).

En Banc Review Sought In Indiana Legislative Prayer Case

According to today's Indianapolis Star, the ACLU of Indiana has petitioned the U.S. 7th Circuit Court of Appeals for en banc review of the decision in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly, (7th Cir., Oct. 30, 2007). In October, a 3-judge panel, in a 2-1 decision, dismissed for lack of standing a suit brought by four Indiana taxpayers challenging the opening of sessions of the Indiana House of Representatives with Sectarian prayers. (See prior related posting.)

Enforcement of Illinois Moment of Silence Law Enjoined

An Illinois federal district court yesterday issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior related posting.) U.S. District Court Judge Robert Gettleman said the new law is vague and questioned how it is to be enforced. The Chicago Sun Times and AP report that the order came in a suit filed by radio talk-show host Rob Sherman, whose attorney has now asked the court to extend the injunction to all school district in the state.

UPDATE: Thursday's Arlington Heights (IL) Daily Herald reports that Judge Gettleman refused to extend his preliminary injunction to the state's other 214 school dstricts because they are not defendants in the case. However he did order the state school superintendent not to enforce the new law. This means that no sanctions will be imposed against other school districts that refuse to require a moment of silence.

UPDATE: The full opinion granting the preliminary injunction is now available on LEXIS: Sherman v. Township High School Dist. 214, 2007 U.S. Dist. LEXIS 84440 (ND IL, Nov. 15, 007).

Bishops Issue Guidance For Catholic Voters For 2008

Catholic News Service reports that the United State Conference of Catholic Bishops yesterday, by a vote of 221-4, approved a document intended to give guidance to Catholic voters in 2008. In addition to approving the document titled Forming Consciences for Faithful Citizenship: A Call to Political Responsibility From the Catholic Bishops of the United States, the bishops also approved a shorter parish bulletin insert on the topic by a vote of 221-1. Reporting on the Bishops' actions, today's New York Times quotes Bishop Nicholas DiMarzio who describes the document as offering: "a basic moral framework on what it means to be a Catholic and American, a believer and a voter in this coming election year." The document calls abortion an intrinsic evil that must always be opposed and rejected, but goes on to say: "There may be times when a Catholic who rejects a candidate’s unacceptable position may decide to vote for that candidate for other morally grave reasons."

Important Buddha Statue Attacked In Pakistan

Earlier this month, Islamic militants in Pakistan, for a second time, attacked a 40-meter tall Buddha carved in the rocks of northwestern Pakistan's Swat Valley. This attack destroyed the face, shoulder and feet of the important statue. Militants threaten another attack to completely destroy the sacred image. The government has not intervened to protect the site despite pleas by archaeologists. The attacks are similar to those in 2001 that destroyed another sacred Buddha statue in Bamiyan, Afghanistan. Reports on the Pakistan attacks have been carried by Asia News and the Daily Times of Pakistan.

Prayers For Rain Led By Georgia Governor On Statehouse Steps

CBS News reports on the hour-long event held on the grounds of Atlanta's state capitol yesterday in which Georgia Gov. Sonny Perdue led a crowd of several hundred people in prayer for rain for the drought-stricken state. Twenty members of the Atlanta Freethought Society, concerned about church-state separation, led a protest nearby. While the governor attempted to make the event an interfaith ceremony, only three Protestant clergy participated. CNN has a video clip of the Governor praying at the event. The AP says" While public prayer vigils might raise eyebrows in other parts of the nation, they are mostly shrugged off in the Bible Belt, where turning to the heavens for help is common and sometimes even politically expedient." (See prior related posting.)

Settlement Reached In Suit Between Tennessee Baptists and Belmont University

A settlement has been reached in the 2004 lawsuit brought by the Tennessee Baptist Convention against Belmont University, according to an ABP report yesterday. The litigation began after the school took steps to become independent. The Baptist Convention attempted to enforce a 1951 agreement that called for the school to reimburse the Convention for contributions if the school should "pass from Baptist control." Belmont University argued that the 1951 document had been superseded by later agreements. The settlement calls for Belmont to provide the Tennessee Baptist Convention with $11 million toward a missions and ministry endowment fund. A press release by Belmont University gives more details on the settlement which provides for a payout of funds to TBC over a 40-year period and

Prof. Harold Berman, Law and Religion Pioneer, Dies

Professor Harold J. Berman, a pioneer in the teaching of law and religion, died yesterday. The 89-year old professor taught for many years at Harvard Law School, and then moved to Emory Law School where he helped develop its law and religion program. Harvard Law School issued a release eulogizing Berman, whose expertise also extended to comparative, international, and Soviet law. Emory's website includes a bibliography of Berman's many books, articles and other writings. [Thanks to Patrick S. O'Donnell for the lead.]

Church-State Separation Proposed For Liechtenstein

Liechtenstein's Prime Minister Otmar Hasler is proposing an end to the special Constitutional designation of the Catholic Church as the country's national church. APD reported yesterday that the Prime Minister is calling for an institutional separation of church and state in Liechtenstein, with continued government support for church social service programs. In addition, taxpayers would be able to choose to allocate a portion of their income and property tax to one of the religious communities.

Trial Begins of Islamic Charity Leaders

In Boston yesterday, jury selection began in the criminal trial of three former leaders of Islamic charity, Care International Inc. The International Herald Tribune reports that the three are charged with tax code violations, making false statements and conspiracy to defraud the United States, stemming from allegedly false statements in the organization's application for 501(c)(3) tax exempt status. Prosecutors say the organization distributed a newsletter promoting jihad, but failed to tell the IRS that it supported mujahideen in various countries. (See prior related posting.)

Pope Will Visit U.S. In April

Yesterday Catholic News Service reported that Pope Benedict XVI will visit the United States in April 2008. He will be officially welcomed at the White House and will celebrate Mass at the new Washington Nationals baseball stadium. Also during his visit he will address the United Nations and visit ground zero in New York.

Churches Sue In Challenge To German Law Permitting Sunday Openings

In Germany, the Lutheran and Catholic Churches have filed suit to challenge the constitutionality of a new law that permits stores to remain open on ten Sundays each year, including the four Sundays before Christmas. AFP says that the two religious groups argue that workers have a constitutional right not to work on Sundays or holidays.

Payment for Confiscated Churches, End of State Support Proposed in Czech Republic

The government of the Czech Republic has agreed to propose a law to compensate churches in the country for property confiscated under Communist rule. Affecting mainly Catholic churches, the government will pay US$4.5 billion over a period of 70 years . Ekklesia today reports that the bill that will be introduced in December also contemplates churches becoming financially independent of the state. Direct payments to churches, including clergy salaries, will be gradually phased out over a ten-year period. While churches are happy with the proposal, the bill's fate in Parliament is uncertain as Social Democrats and former communists reflect public opinion against compensation. (See prior related posting.)

Challenge To Praying Parents Group In School Survives Summary Judgment Motion

In Doe v. Wilson County School System, 2007 U.S. Dist. LEXIS 83477 (MD TN, Nov. 9, 2007). a Tennessee federal district court refused to grant summary judgment to defendants, holding that genuine issues of material fact remain to be determined before the court can decide whether Lakeview Elementary School in Mt. Juliet, Tennessee, unconstitutionally endorsed religious activities and particular religious beliefs. At issue are activities in the school of a group known as Praying Parents. The lawsuit also raises questions about the school Principal's participation in the See You at the Pole National Day of Prayer event; a kindergarten Thanksgiving prayer; a school Christmas program; and playing of an inspirational CD in a class. (See prior related posting.)

Episcopal Church Property Dispute Involves Civil War Era Virginia Law

Yesterday's Washington Times reports that a trial beginning today in a Fairfax County, Virginia, over ownership of church property turns on an unusual Virginia law enacted at the time of the Civil War to deal with church splits over slavery. Code of Virginia, Sec. 57-9, provides:

If a division ... shall ... occur in a church or religious society, to which any such congregation whose property is held by trustees is attached, the members of such congregation over 18 years of age may, by a vote of a majority of the whole number, determine to which branch of the church or society such congregation shall thereafter belong. Such determination shall be reported to the circuit court... and if the determination be approved by the court, it shall be so entered in the court's civil order book, and shall be conclusive as to the title to and control of any property held in trust for such congregation....

Today's trial pits the Episcopal Church USA against eleven Virginia churches that have moved to the more conservative Convocation of Anglicans in North America under the Anglican Church of Nigeria, after disagreements with ECUSA on biblical authority and its election of an openly gay bishop. (See prior posting.)

Report Says Egypt Infringes Rights of Baha'is and Converts From Islam

Human Rights Watch and the Egyptian Initiative for Personal Rights yesterday released a report titled Prohibited Identities: State Interference With Religious Freedom. A press release from Human Rights Watch says that the report:

document[s] how [Egyptian] Ministry of Interior officials systematically prevent Baha’is and converts from Islam from registering their actual religious belief in national identity documents, birth certificates, and other essential papers. They do this based not on any Egyptian law, but on their interpretation of Islamic law, or Sharia. This denial can have far-reaching consequences for the daily lives of those affected, including choosing a spouse, educating one’s children, or conducting the most basic financial and other transactions.

Recent Articles On Law and Religion

From SSRN:

• Robert K Vischer,The Morally Distinct Corporation: Reclaiming the Relational Dimension of Conscience, (U of St. Thomas Legal Studies Research Paper No. 07-37, 2007).


• John M. Breen, John Paul II, the Structures of Sin and the Limits of Law, ( St. Louis University Law Journal, Vol. 52, 2008).


• John M. Breen Modesty and Moralism: Justice, Prudence and Abortion - A Reply to Skeel & Stuntz, (Harvard Journal of Law and Public Policy, 2008).


• Kenneth L. Marcus, The Resurgence of Anti-Semitism on American College Campuses, (Current Psychology, Vol. 26, Nos. 3 & 4, 2007).


• Robin Fretwell Wilson, The Overlooked Costs of Religious Deference, (Washington and Lee Law Review, Vol. 64, No. 4, 2007).

From SmartCILP:

• David Caudill, Christian Legal Theory: The Example of Dooyeweerd's Critique of Romanist Individualism and Germanic Communitarianism in Property Law, 5 Georgetown Journal of Law & Public Policy 531-560 (2007).


• Choong Yeow Choy, Contra Bonos Mores: Religious Tenets and National Philosophy as the Yardstick for Determining Public Policy in Malaysia, [Abstract], 9 Australian Journal of Asian Law 176-185 (2007).

UN Special Rapporter on Religious Freedom Held In House Arrest In Pakistan

Asma Jahangir, the United Nations Special Rapporteur on Freedom of Religion or Belief and chairman of the Human Rights Commission of Pakistan was placed under house arrest in Lahore last week in Pakistan following the declaration of a state of emergency by President Pervez Musharraf, according to the IRPP. In a widely-circulated e-mail today, IRRP gave more details. A 90 day detention order was issued against Jahangir on November 3 by the Punjab's Home Department. The next day, police raided the office of the Human Rights Commission of Pakistan and placed 55 of its members in preventive detention. Saturday's Washington Post describes the conditions of her detention. She continues to issue statements and receive visitors such as U.S. consul general Bryan D. Hunt who has called for Jahangir's release.

UPDATE: On Nov. 16, Reuters reported that Jahangir had been released from house arrest. [Thanks to IRRP for the lead.]

More Recent Prisoner Free Exercise Cases-- District and Appellate Courts

In Longoria v. Dretke, (5th Cir., Nov. 9, 2007), the U.S. 5th Circuit Court of Appeals dismissed a challenge to a Texas prison's grooming policy by a Native American inmate who refused to cut his hair. In rejecting plaintiff's RLUIPA claim, the court concluded that the state's interest in prison security satisfies the compelling interest/ least restrictive means test. The court also rejected First Amendment and Equal Protection challenges to the grooming policy.

In Talbert v. Jabe, 2007 U.S. Dist. LEXIS 82962 (WD VA, Nov. 8, 2007), a Virginia federal district court rejected an inmate's challenge under the First Amendment and RLUIPA to the classification of the 5% Islamic Nation of Gods and Earths as a Security Threat Group. The court also rejected "an assortment of claims alleging that the preparation and service of food ... does not accord with the dictates of the Common Fare religious diet, which plaintiff receives as a member of the Nation of Islam."

In Murphy v. Missouri Dept. of Corrections, (8th Cir., Nov. 8, 2007), the U.S. 8th Circuit Court of Appeals affirmed that district court's denial of a new trial to an inmate claiming that his free exercise rights under the First Amendment and RLUIPA were violated when prison officials denied his request for group worship services for the Christian Separatist Church.

In Kemp v. Woodford, 2007 U.S. Dist. LEXIS 82013 (ED CA, Nov. 5, 2007), a California federal magistrate judge recommended dismissal of a prisoner's complaint that he was not allowed to legally change his name to his Muslim name. Plaintiff failed to allege that the change was required by his religion or that his religious exercise was substantially burdened by the refusal. Prison officials permitted him to use his religious name along with his commitment name for mail purposes.

In Naves v. Carlson, 2007 U.S. Dist. LEXIS 82296 (D UT, Nov. 5, 2007), a Utah federal district court rejected First Amendment and RLUIPA challenges by a Wiccan inmate to confiscation of certain religious books and writings and to his interrogation by authorities regarding his religious beliefs and practices. A prison investigation into a hidden computer disk had revealed it contained both sexually explicit stories and a manuscript by Plaintiff titled "Institutional Book of Shadows."

Clergy Duties As Community Service Does Not Violate Establishment Clause

In City of Cleveland v. Curtis, (OH Ct. App., Cuyahoga, Nov. 8, 2007), an Ohio court of appeals held that a trial judge did not violate the Establishment Clause when, in a traffic case, he waived a fine, imposed community service, and permitted defendant, a clergyman, to satisfy the service through his regular clergy duties.

Afghanistan Arrests Publisher of Koran Translation

A week ago, Ghaus Zalmai, a spokesman for Afghanistan's Attorney General, was arrested trying to cross the border into Pakistan. Reuters reported last Monday that he was charged with publishing an unofficial translation of the Koran into Dari. Afghanistan's Chief Justice, Abdul Salam Azimi, said: "This is a plot against the religion of Islam, and no one will ever accept the book as the holy Koran." The Supreme Court ordered an investigation into the publication. The translation also sparked debate in Afghanistan's parliament.

UPDATE: The Nov. 12 Gulf Times reports that 1,000 university students demonstrated in Jalalabad on Sunday to demand the death penalty for Ghaus Zalmai. Zalmai is being interrogated after the Parliament barred him from leaving the country. Gulf Times reports: "A commission of clerics and prosecutors is examining the text, which does not include the original Arab verses and is said to differ on several issues, including homosexuality and adultery."

City Council Debates Rental of City Facility To White Supremacist Church Group

The Church of Jesus Christ - Christian, which has ties to the Neo-Nazi white supremacist Aryan Nations, has asked to rent the city-owned McClelland Arts Center in Longview, Washington for an organizational meeting. The city's Mayor Dennis Weber recommended to Longview City Council that it form a task force to make it clear to the group that it is not welcome in the city. Yesterday's Longview Daily News reports that Councilman Kurt Anagnostou objected saying that it is unconstitutional to prevent a particular group from renting the building because of its beliefs. Only one member of council was interested in joining the Mayor on the task force.

PBS Will Air Program On "Intelligent Design" Debate

This week's broadcast of NOVA on PBS will be: "Judgment Day: Intelligent Design on Trial". (AP). NOVA's website carries extensive background on the program scheduled to air on Nov. 13 at 8:00 p.m.

Catholic Cleric Argues For Revival of Charitable Immunity Doctrine

Chicago's Auxiliary Catholic Bishop, Thomas Paprocki, has suggested that courts should revive some doctrine of charitable immunity to protect churches from ruinous judgments in clergy sex abuse cases. Today's Chicago Tribune reports that Paprocki will speak on the topic later this month at the University of Notre Dame. He argues: "The settlement or award of civil damages is punishing the wrong people, namely the average parishioner or donor whose financial contributions support the church but who have no role in the supervision of clergy."

Number of Christian Law Schools Is Growing

Yesterday' Houston Chronicle reports on the growing number of Christian law schools in the United States. South Texas College of Law dean, James Alfini, says that these schools threaten traditions of academic freedom and faculty governance that prevail at other law schools. Defending the schools, Joe Aguillard, president of Louisiana College that is opening the newest Christian law school, says: "The law school will deliver through the lens of a biblical world view needed today in our nation and our system of justice."

LAPD Criticzed For Plans To Map Muslim Communities

The Los Angeles (CA) Daily Breeze reports that plans by the Los Angeles Police Department to create a map of Muslim communities in the city is being criticized. The police department says it is part of an effort to prevent radicalization. Police Chief William Bratton says police are trying to become more familiar with the Muslim communities. The city's ACLU executive director, Ramona Ripston, however, says: "Our fears is that this will profile an entire community rather than people who present a real danger."

Harvard Law Prof To Become US Ambassador To Holy See

Last Monday, the White House announced that the President intends to nominate Harvard Law Professor Mary Ann Glendon to be Ambassador to the Vatican. Yesterday’s Boston Pilot carried a long background article on Glendon, reporting that in a November 6, statement, Glendon said she hopes her background in international legal studies, as well as Catholic social thought, will be useful in continuing the US’s fruitful dialogue with the Vatican on issues such as human rights, religious freedom, human trafficking, health, hunger and poverty. CNS carried a story yesterday comparing Glendon’s background with that of Vatican ambassadors from several other nations.

Appeals Court Hears Arguments On Concealed Carry Law's Application To Churches

A Minnesota state Court of Appeals heard arguments yesterday in an appeal by the state of a decision that allowed churches to ban handguns from their premises without complying with the elaborate notice requirements applicable to commercial establishments under Minnesota' concealed carry firearms law. (See prior posting.) The Minneapolis Star Tribune reports on the arguments. The state contends that the concealed carry provisions may constitutionally be applied to churches because they do not render any religious practice unlawful.

Washington Court Enjoins Enforcement of Pharmacy Board Rules

A Washington federal district court has granted a preliminary injunction barring enforcement of Washington State Board of Pharmacy regulations that require pharmacists to fill all prescriptions even if doing so violates their religious beliefs. In Stormans, Inc. v. Selecky, (WD WA, Nov. 8, 2007), the court found that the regulations target religious beliefs:

The evidence thus far presented to the Court strongly suggests that the overriding objective of the subject regulations was, to the degree possible, to eliminate moral and religious objections from the business of dispensing medication.

... [T]he enforcement mechanism of the new law appears aimed only at a few drugs and the religious people who find them objectionable.

Applying strict scrutiny to the regulations, the court concluded:

the interests promoted by the regulations have more to do with convenience and heartfelt feelings than with actual access to certain medications. Patients understandably may not want to drive farther than the closest pharmacy and they do not want to be made to feel bad when they get there. These interests are certainly legitimate but they are not compelling interests of the kind necessary to justify the substantial burden placed on the free exercise of religion.

... On the evidence now before it, the Court cannot say that the subject regulations advance a compelling state interest and they are narrowly tailored to accomplish their announced purpose.... [T]he evidence suggests that the burden on the religious practices of plaintiffs is intentional not incidental, and substantial not minimal.

Relying on these findings, the court enjoined enforcement of the regulations against any pharmacy or pharmacist who refuses to fill a prescription for Plan B emergency contraceptives if they immediately refer the patient to a nearby source for it. Today's Seattle Times reports on the decision.

Federal Court Rejcts Attempt To Bar NJ Civil Rights Proceedings

In Ocean Grove Camp Meeting Association of the United Methodist Church v. Vespa-Papaleo, 2007 U.S. Dist. LEXIS 82577 (D NJ, Nov. 7, 2007), a New Jersey federal district court applied the Younger abstention doctrine, refusing to enjoin an investigation by the New Jersey Division on Civil Rights of a discrimination complaint filed by a lesbian couple. The Ocean Grove Camp Meeting Association refused to permit the couple to use its Boardwalk Pavilion for their civil union ceremony. (See prior posting.) Under the Younger doctrine, federal courts have discretion to abstain from exercising jurisdiction where their judgment would interfere with an ongoing state proceeding. The Association will be able to raise its constitutional objections in the state administrative proceeding. The New Jersey Star-Ledger covers the court's decision.

Mt. Soledad Establishment Clause Challenge Dismissed

A California federal district court has dismissed the Establishment Clause challenge to a federal law that took from the City of San Diego the Mt. Soledad Veterans' Memorial with its large cross. In Trunk v. City of San Diego, 2007 U.S. Dist. LEXIS 82647 (SD CA, Nov. 7, 2007), the court dismissed for lack of standing the challenge to Public Law 109-272 brought by plaintiff Steve Trunk, and also dismissed the City of San Diego from the remainder of the litigation.

The court rejected three theories of standing. It held that any denial of use of the Memorial as it now exists was not impacted by the mere transfer of land ownership. It rejected general taxpayer standing because invalidating the land transfer would not redress any injury Trunk suffered. Finally the court rejected Trunk's argument that the transfer gave him standing because it prevented the enforcement of a previous injunction based on the California Constitution. The U.S. as owner is not subject to the California Constitution. The court said:

Public Law 109-272 merely provides for the acquisition of land, the compensation of the land's owners, and the maintenance of the property as a veterans memorial. These are not religious actions, nor do they injure Trunk.... Trunk tries to conflate acquisition of the Mt. Soledad property with unconstitutional operation of the property.

The court additionally pointed out that if it were to invalidate the law being challenged, the federal government would still own the Memorial under a transfer to it by the city which was ultimately upheld by the courts. NBC San Diego covers the decision in a short story.

Georgia Governor Plans Prayer Service For Rain

Georgia's Governor Sonny Perdue is sending out invitations to a prayer service for rain to be held at the state Capitol next week. Wednesday's Atlanta Journal-Constitution reports on the move, taken as Georgia faces a record drought. Perdue, son of a Baptist preacher, has held similar services in the past. A spokesperson for the Governor said that he recognizes there is nothing the government can do to get more rain, so "the request has got to be made to a higher power." The AP reported yesterday that planners, who are inviting leaders from several faiths to the service, say the prayer service will be moved inside the Capitol in case of rain. [Thanks to Alliance Alert for the lead.]

Church Leader Gets Probation On Sacramental Marijuana Charges

Wednesday's Maui News reports that in Wailuku, Hawaii, 72-year old James Kimmel was ordered to pay a $3,000 fine and placed on five years probation after pleading no contest to charges of second-degree commercial promotion of marijuana and possessing drug paraphernalia. Kimmel, founder of the Religion of Jesus Church, argued that he was smoking marijuana and furnishing it to others as part of his religious beliefs that marijuana was a required sacrament. The court however rejected a Free Exercise defense. The court also ordered Kimmel to not to sell, possess or use alcohol or illegal drugs while on probation.

Suit Threatened Over Surveillance of Religious Order's Building

The Thomas More Law Center is threatening to sue Northville Township (MI) officials over their alleged surveillance of a house owned by the religious order, Miles Christi. Journal Newspapers yesterday reported that the surveillance camera was apparently intended to document increased parking density at the house in order to support the township's request that the religious order submit a plan and apply for a zoning variance. Thomas Moore Law Center's Richard Thompson says that the township's targeting of the religious order violates the Religious Land Use and Institutionalized Persons Act.

Sonoma CA Will Not Have Creches On City Plaza

Yesterday evening, the Sonoma (CA) City Council voted 3-2 against a proposal that would have for the first time permitted creches and other religious displays to be placed on Sonoma Plaza. The proposed law would have allowed groups to put up any kind of unattended display, so long as it was not obscene. Reporting on developments, the Sonoma News said speakers objected that this policy would permit swastikas and Confederate flags, as well a nativity scenes. The Sonoma Valley Ministerial Association had opposed the new policy, saying it would not serve the religious and spiritual health of the community. The crucial third vote against the proposal was obtained in a deal in which the existing policy permitting non-religious displays was also rescinded.

Civil Rights Groups Urge Investigation of White House Faith-Based Office

The Forward reports that the Coalition Against Religious Discrimination-- a 70 member umbrella civil rights group-- sent a letter on Nov. 2 to the House Committee on Oversight and Government Reform urging it to investigate the White House Office of Faith Based and Community Initiatives. The letter expressed concern that FBCI "may have been utilized to serve partisan political goals; may violate federal regulations, laws and the Constitution; and may lack proper monitoring." However a number of Jewish groups that would ordinarily be expected to join the letter did not sign it because they felt it was insufficiently nuanced, particularly in its criticism of the Administration's views on religious groups' rights to hire on the basis of religious affiliation. The Forward says: "The area of employment is particularly sensitive for Jewish groups, which do not want Jews and other religious minorities to face unlawful discrimination, but also want to defend Jewish institutions, such as federations, that have for decades accepted government money for social programs while recruiting Jews for certain staff positions."

Negligence Claims Against Religious Order In Sex Abuse Case Survive 1st Amendment

In John Doe Cs v. Capuchin Franciscan Friars, 2007 U.S. Dist. LEXIS 82072 (ED MO, Oct. 11, 2007), a Missouri federal district court refused to dismiss on First Amendment grounds a negligence claim against The Capuchin Franciscan Friars. Plaintiff claimed that defendants should have known that Catholic high school teacher Father Thaddeus Posey had a history of sexually abusing minors, and that defendants failed to act to protect students from him. In permitting the claim to proceed, the court said: "There is no allegation (or defense at this point in the case) that ecclesiastical and canon law is relevant to this case. The factual issues raised ... appear to be secular in nature and do require this Court to not resolve or inquire into any religious doctrines of Defendants."

College's Civility Code Enjoined In Suit By Students Who Stomped On Religious Flag

Today's San Francisco Chronicle reports that a federal magistrate judge indicated that he will issue a preliminary injunction barring San Francisco State University from enforcing in any disciplinary proceeding its rule requiring students to be civil to one another. The policy was the basis of a disciplinary investigation into actions of members of the College Republicans who stomped on two flags bearing the name of Allah during an anti-terrorism rally last year. While no violations were found, College Republicans in the lawsuit alleged that their free expression was chilled by the mere existence of the civility code that could be used against them in future demonstrations. University officials said they never intended the civility code to be used as the basis for disciplinary actions, and that they will rewrite the rules to make that clear.

No Free Exercise Claim For Limiting Disclosures to Clergyman

A Utah federal district court has held that the free exercise rights of Utah Department of Corrections employee Vivian Kosan were not violated when she was reprimanded for telling a religious leader about her charges of sexual harassment against Brandon Burr, one of her superiors in the Department of Corrections (DOC). In Kosan v. Utah Department of Corrections, 2007 U.S. Dist. LEXIS 82122 (D UT, Nov. 2, 2007), the court rejected Kosan's claim that banning her from speaking to Burr's LDS Stake President substantially burdened her free exercise rights and targeted "religious orders that take a proactive approach to problems encountered by their members." The court said that the order to refrain from discussing the alleged harassment was not specifically directed to communications with clergy, but rather to communications with "anyone" regarding the allegations and their investigation, all treated as confidential under DOC policies.

Rules on Bibles For Spectators and Athletes at 2008 Olympics Attract Notice

WorldNet Daily reported yesterday that Bibles will be among those items banned from housing units being constructed for athletes participating in the 2008 Beijing Olympics. The report generated complaints from members of Congress, among others. (WorldNet Daily). However later yesterday, Townhall.com said that the U.S. Olympic Committee received confirmation from Beijing Olympic officials that there will be no restrictions on Bibles being brought into the Olympic village.

Separately, the Olympics website says that spectators entering the country to attend the Olympics should take no more than one Bible into the country. China generally restricts imports of Bibles. The government-controlled Nanjing Amity Printing Co. has a monopoly on the printing of Bibles inside China. Another portion of the Olympics website tells visitors that "China is a country with religious freedom and respects every religion", and lists information on Buddhist, Christian and Muslim places of worship in Beijing.

Little notice has been given to another entry restriction for visitors posted on the Olympic site just before its warning about Bibles: "Any printed material, film, tapes that are 'detrimental to China's politics, economy, culture and ethics' are also forbidden to bring into China."

In Wales, Sikh Teen Challenges School's Jewelry Ban

In the United Kingdom, a Sikh teenager is challenging her school's dress code that prevents her from wearing a silver Kara bangle, one of the five symbols of Sikh identity. icWales yesterday reported that 14-year old Sarika Watkins-Singh was sent home by Aberdare Girls’ School for violating a regulation that limits girl's jewelry to a wrist watch and one pair of plain metal stud earrings. Watkins-Singh plans to file an appeal of the Welsh school's ruling in the High Court, claiming that it violates the 1976 Race Relations Act. The Equality and Human Rights Commission has advised that Sikhs are recognized as a racial group for purposes of that Act.

Catholic Bishops Counsel Was Formerly With Becket Fund

The Catholic News Service yesterday ran a profile of the new general counsel for the U.S. Conference of Catholic Bishops, Anthony R. Picarello Jr. An expert in religious freedom issues, Picarello previously served as vice president and general counsel for the Becket Fund For Religious Liberty. Picarello said his role with the Conference of Bishops is to help preserve "the freedom of the bishops to carry out the mission of the church." Picarello assumed his new position in mid-September.

House Passes Controversial Employment Non-Discriminnation Act

The New York Times reports that the U.S. House of Representatives yesterday passed H.R. 3685, the Employment Non-Discrimination Act by a vote of 235-184. The bill prohibits employment discrimination based on an individual’s actual or perceived sexual orientation. The law does not apply to religious organizations, nor does it apply to any school or college controlled by a religious organization or whose curriculum is directed toward the propagation of a particular religion. Opponents, however, argue that this exemption is still not broad enough. House Republican Whip Roy Blunt complained that the exemption does not apply to Christian bookstore owners or other small businesses in which people of faith are an integral part of the workforce. (Christian Newswire). Others claim that the bill "would require Christian organizations and pro-family groups who teach about the sin of homosexuality to hire gays." (Christian Post). The bill ultimately received backing of major civil rights groups even though it was amended to eliminate protection for transgender employees. (PageOneQ). (See prior related posting.) [revised]

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.