British Airways Employee Loses Suit Over Rules On Jewelry

British Airways employee Nadia Eweida who was seeking back pay and damages after she was temporarily suspended for wearing small cross around her neck has lost her suit in a Reading Employment Tribunal. While the airline eventually changed its uniform rules to permit employees to wear religious symbols (see prior posting), the Tribunal ruled yesterday that Eweida did not suffer religious discrimination because she was not treated less favorably that others in similar circumstances. The airline's prior rules precluded wearing of jewelry unless it could be hidden from view. Today's London Telegraph , The Mirror and Personnel Today all report on the Tribunal's ruling.

Does School's Santa Hat Ban Amount To Religious Discrimination?

What counts as religious discrimination? Today's South Washington County, Minnesota Bulletin carries a story about two local junior high students who claim religious discrimination because the school principal asked them to remove Santa hats they wore to school just before break. Grove Junior High School vice-principal Dale Wolpers says the school has a no-hat policy to prevent disruptive behavior. Students grab each others hats. But Emily Springer and Kristen McVey claim they were discriminated against because on one day earlier in the year two Hmong students were allowed to wear hats associated with the Hmong New Year.

British Magistrate Reprimanded Over Conduct Regarding Niqab

In Britain, Justice Secretary Jack Straw yesterday issued a formal reprimand to Manchester magistrate Ian Murray who last June walked out of a hearing in a criminal case in which the Muslim woman charged with wrecking her council house with graffiti appeared in court wearing a niqab-- a full face veil. Yesterday's Daily Mail and today's Daily Express report that Straw, in his role as Lord Chancellor, ordered lay magistrate Murray (a taxi driver) to get further training in judicial procedure. While Straw himself asks women wearing a niqab to remove it when dealing with him, here the Judicial Communications Office said that the reprimand was because of the magistrate's in-court behavior, not because of his attitude toward the niqab.

Officer Sues Coast Guard To Avoid Immunization With Vaccine From Fetus' Cells

The Alliance Defense Fund last month filed suit on behalf of a U.S. Coast Guard officer seeking a religious exemption from the requirement the officer receive a Hepatitis A vaccination. (Press release (Jan. 4).) The complaint (full text) in Healy v. United States Coast Guard, (D DC, filed Dec. 28, 2007) alleges that the Hepatitis A vaccines available in the United States have all been developed from cells taken from an aborted fetus. Plaintiff, Lt. Cmdr. Joseph Healy, says that his Catholic religious beliefs preclude him from receiving these vaccines since this would amount to participation in societal structures that facilitate abortion. A Coast Guard officer denied his requested exemption from immunization, claiming that that receiving the vaccine does not violate Catholic doctrine. The lawsuit alleges that the exemption denial violates Healy's free exercise rights and violates the Religious Freedom Restoration Act. [Thnaks to Bob Ritter for the lead.]

Kentucky County Tries New 10 Commandments Display

WKYT News reports that Garrard County, Kentucky is trying again. After losing a court battle over its display of the 10 Commandments along with other historical documents on the walls of the Fiscal Court (see prior posting), on Monday the county installed a new display. This one is an educational exhibit on the history of the 10 commandments, including court battles over display of the Biblical verses.

9th Circuit Rejects Convoluted RFRA and Free Exercise Challenges To Deportation

Yesterday, in Fernandez v. Mukasey, (9th Cir., Jan. 7, 2008), the U.S. 9th Circuit Court of Appeals rejected a convoluted Free Exercise and RFRA claim. It affirmed a deportation order requiring removal from the U.S. of a Catholic husband and wife from the Philippines, rejecting their claims of religious discrimination. U.S. immigration law provides for the cancellation of a deportation order where removal would create exceptional hardship to the deportee's child who is a U.S. citizen. (8 USC 1229b(b)(1)(D).) Generally this exception is applied only when a child has serious health or learning issues. Here petitioners argued that they have attempted to conceive a child for many years, that their Catholic faith precludes their using in vitro fertilization to conceive, and that the refusal to cancel their deportation order therefore places a substantial burden on their free exercise of religion.

The court held first that no religious belief precluded petitioners from adopting a child, so their religious views did not create their ineligibility to have their removal order cancelled. Second, the court said, petitioners did not show that they were pressured to violate their beliefs. It said: "No sensible person would abandon his religious precepts to have a child in the hope that the child would be so very ill or learning disabled as to come within the small number of children as to whom 'exceptional and extremely unusual hardship' can be shown." Yesterday's San Francisco Examiner reported on the decision.

Church's Gay Rights Stance Leads To Denial of Insurance Coverage

The Wall Street Journal today reports on a new problem faced by churches that take controversial social stances. A property insurance application by a United Church of Christ congregation in Adrian, Michigan was turned down as too risky because of the denomination's endorsement of gay marriage and the ordination of gays. An underwriter for Brotherhood Mutual insurance wrote the church: "controversial stances such as those indicated in your application responses have resulted in property damage and the potential for increased litigation among churches that have chosen to publicly endorse these positions." Brotherhood Mutual is one of the largest insurers of religious institutions. State insurance regulators see no legal problem with the underwriting decision.

NPR Program Focuses On Diplomacy and Religion in the 21st Century

The January 3 NPR program Speaking of Faith devoted an hour to the topic "Diplomacy and Religion in the 21st Century". Host Krista Tippett's main guest was Douglas Johnston, president and founder of the International Center for Religion and Diplomacy. NPR's website for the program links to a replay (and a podcast) of the program, along with additional resources on the topic. NPR summarizes Johnston's views: "The greatest threat in the post-Cold War world, says Douglas Johnston, is the prospective marriage of religious extremism with weapons of mass destruction. Yet the U.S. spends most of its time, resources, and weapons fighting the symptoms of this threat, not the cause. The diplomacy of the future, he is showing, must engage religion as part of the strategic solution to global conflicts." [Thanks to Jefferson Gray for the lead.]

Article Surveys Islam In U.S. Courts Last Year

At the Family Security Matters website, Jeff Breinholt has posted an article titled Islam in American Courts: 2007 Year in Review. While its tone is overtly Islamophobic, it does present useful data on some 750 cases-- mostly federal-- involving Muslims. 212 cases were asylum claims-- but about half of these involved non-Muslims who feared persecution if they returned to Indonesia. 69 cases alleged employment discrimination. Others were criminal cases, defamation lawsuits, constitutional challenges to government operations, private lawsuits against Islamic terrorists, and family law disputes.

New Poll Expores Pakistanis Views on Islam

Yesterday World Public Opinion along with the U.S. Institute of Peace released an in-depth survey of Pakistani public opinion. The study titled Pakistani Public Opinion on Democracy, Islamist Militancy and Relations with the U.S. draws these conclusions on attitudes toward Islam:

There is strong public support for giving Islam a wider role in Pakistan. A large majority feels it is very important to live in a country that is governed according to Islamic principles. A majority says it would like to see Shari’a or Islamic law play a larger role in their country than it does today.

At the same time, there is little support for a shift towards extreme religious conservatism. Instead there is significant support for some reforms in the opposite direction. Only a small minority—even among those who want a greater role for Shari’a—wants to see the "Talibanization" of daily life increase. About two-thirds support a recent government plan to reform the madrassahs, including strong support among those favoring Shari’a. A plurality supports the Women’s Protection Act, which modifies existing law in the direction of greater women’s rights.

A World Public Opinion release summarizes the report and links to the detailed data, questionnaire and description of methodology.

Appeal Filed In "Be Happy, Not Gay" T-Shirt Case

The Alliance Defense Fund announced yesterday that it has appealed the federal district court's denial of a preliminary injunction in Zamecnik v. Indian Prairie School District to the U.S. 7th Circuit Court of Appeals. The district court had upheld a school's right to prevent a Christian student from wearing a T-shirt containing the slogan "Be Happy, Not Gay" on the ground that such a negative statement is inconsistent with the school's educational goal of promoting tolerance. (See prior posting.)

Cert. Denied In Massachusetts Church Closing Case

The U.S. Supreme Court today denied certiorari in Maffei v. Roman Catholic Archbishop of Boston, (Docket No. 07-558) (order list). In the case, the Massachusetts Supreme Judicial Court had dismissed a challenge to the Archdiocese of Boston's closing of St. James Church in Wellesley, holding that the major claim involved matters of internal church governance that the First Amendment precludes civil courts from deciding. (See prior posting).

Huckabee Preaches At New Hampshire Church Ahead of Primary

The role of churches in political campaigns was highlighted yesterday in Windham, New Hampshire as Republican candidate Mike Huckabee, a former Baptist minister, unexpectedly delivered the sermon at a church called the Crossing. The church meets in a school cafeteria. Today's Washington Post reports that cameras were not permitted inside the service and Huckabeee did not appeal for votes in tomorrow's primary as part of his sermon. However a church official invited congregants to attend a later Huckabee rally a mile away.

Israel Will Re-Establish Religious Affairs Ministry

In Israel on Sunday, the Cabinet voted 15-7 (with 2 abstentions) to re-establish the Religious Affairs Ministry four years after it was dissolved and its duties were dispersed among other departments. YNet News reports that the new ministry will oversee the Chief Rabbinate, the Rabbinical Court and the Yeshiva division. Yossi Beilin, chairman of the liberal Meretz-Yachad Party, criticized the decision saying: "Israel just took a huge step back in reestablishing a ministry dedicated to force religious law in a secular majority."

Ohio Governor Interviewed On His Faith And Its Impact

Sunday's Cleveland Plain Dealer published an interview with Ohio Governor Ted Strickland, a former Methodist minister, about religious faith and its impact on his decisions as governor. Here is an excerpt:

[PD:] Has your faith changed over the years?

[Strickland:] My understanding of religious faith and of personal responsibility I think has matured. I used to feel like I had all of the answers.... I read the Bible and I pray and I listen to advice that I get from people of faith. But, no, I'm not as presumptuous as I used to be when it comes to thinking that I understand fully and completely the precise will of God....

I think there is a danger of having God conform to our image, rather than trying to conform to his. And I think that can lead to arrogance and self- righteousness and a sense of superiority that, from my point of view, is the antithesis of what true faith leads to.

Afghan Islamic Council Decries Christian Proselytizing

In Afghanistan, the country's influential Islamic council made up of clergy and scholars (ulema) met on Friday with President Hamid Karzai. A Reuters report today says the influential body expressed concern to Karzai over Christian missionary activities in the country. A number of foreign aid groups in Afghanistan have Christian affiliations, but they deny any proselytizing. The Islamic council also demanded an end to TV broadcasting of Indian soap operas, a crack down on graft and a return to public execution of murderers.

Some Books and Book Reviews of Interest

Yesterday's New York Times Sunday Book Review section was devoted to reviews and essays on books about Islam. The editors of the Book Review introduced the issue by saying: "[M]ost Americans know very little about Muslims, which often means they know very little about their own neighbors.... Since 9/11, publishers have been rushing to fill this knowledge gap, and the time seems right to highlight their efforts."

Tom Perrotta's new novel The Abstinence Teacher, (St. Martin's Press, 2007), focusing in a new way on conservative Christian viewpoints, was reviewed last week by the London Telegraph.

Trial Held In Prisoner Suit Seeking Kosher Meals

Last Saturday's St. Louis Post Dispatch ran a long story about prison inmate Norman Lee Toler's federal lawsuit seeking to require the Missouri Department of Corrections to furnish him kosher food. The case was tried last week in federal court in St. Louis. Toler claims to be Jewish, even though several years ago while serving time in an Illinois prison, guards discovered Toler had white supremacist literature, pictures of Adolph Hitler and a jailhouse "SS" tattoo. Toler says he was merely holding the material for another inmate. Missouri says that if it loses the case, it will likely change its current policy that accepts a prisoner's representation of his religion without verification. (See prior postings on pre-trial decisions in the case, 1, 2.)

Property Owner Fights Zoners Over Planned Cross On Lake Michigan

Friday's Grand Haven (MI) Tribune reports that a St. Joseph, Michigan man is in a battle with city officials over his plans to build an illuminated 30-foot cross on a bluff facing Lake Michigan. Officials consider the land on which the cross is to be built-- located across the street from Ervin Wagner's home-- to be a detached front yard. Accessory structures are prohibited in yards in residential areas. 63-year old Wagner says: "The Lord has been after me to do this for many years." Wagner's proposed cross would be visible from Lake Michigan, and he also wants to install a camera to broadcast the view in streaming video online.

Father Says State Constitution Voids Order That Son Attend Catholic School

In La Grange, Kentucky on Friday a state court judge heard arguments from a divorced father seeking to force his former wife to send their son to a public high school instead of to the Catholic school that he now attends. WLKY News reports that the father, David Ryan, is an atheist and objects to the order originally issued during the divorce providing that his son would continue attending Catholic school. Ryan hinges his argument on Sec. 5 of the Kentucky Constitution that reads: "Nor shall any man be compelled to send his child to any school to which he may be conscientiously opposed."

VT Court Holds Statute of Limitations Had Not Run In Priest Abuse Case

In Burlington, Vermont, Superior Court Judge Matthew Katz has granted plaintiff James Turner's motion for judgment notwithstanding the jury's verdict that the statute of limitations precluded his recovery of damages from the Catholic diocese for negligent supervision of a former priest who had abused Turner. WCAX-TV News reported Friday that the judge held that the statute of limitations did not begin to run until plaintiff had notice that the Diocese had negligently supervised its priests. They could not have discovered this until they received various documents in 2002. The ruling could affect the more than 25 other cases pending against the diocese. The case is Turner v. Roman Catholic Diocese (docket entries).

Litigation Strains Virginia Episcopal Docese

Virtue Online reported on Friday that the Episcopal Diocese of Virginia has taken out a $2 million line of credit and is planning to sell off non-strategic real property in order to finance its litigation with eleven break-away parishes. The lawsuit will decide who owns the parishes' real property. (See prior posting.)

New Russian Textbook Reflects Anti-Catholic Views

Asia News reported yesterday that in Russia, a new textbook titled "Religions In Russia" is filled with factual errors and negative portrayals of Catholicism. Written by Andrei Kulakov, the textbook portrays Catholicism as hostile toward Russia's Orthodox Church. The final edition failed to incorporate suggested changes made by the editors of the Russia Catholic Encyclopedia when they reviewed the chapters in draft form. They found forty serious mistakes, and now urge schools not to adopt the text.

Times Explores Mormon Church and Religious Concerns About Romney

Today's New York Times Magazine features a long article by Noah Feldman titled What Is It About Mormonism?. It traces the development of Mormonism and explores why it creates a problem for presidential hopeful Mitt Romney. Here are two excerpts:

In theory, the evangelical political movement says that it is prepared to embrace Jews and even Muslims so long as they share the same common values of the religious right. In the case of a Mormon candidate, though, many evangelicals are not prepared to say that common values are enough. The reason seems to be the view among evangelicals that the substantive theological beliefs of Mormons are so radically different from their own as to constitute not a sect of Christianity but a Christian heresy....

If Mormonism were to keep Romney from the nomination, the Mormon Church hierarchy may through continuing revelation and guidance respond by shifting its theology and practices even further in the direction of mainstream Christianity and thereby minimizing its outlier status in the culture. Voices within the LDS fold have for some time sought to minimize the authority of some of Joseph Smith’s more creative and surprising theological messages, like the teaching that God and Jesus were once men....

Court Dismisses Challenge To Pastor's Use of Church Funds

On Friday, a Nashville, Tennessee judge dismissed a lawsuit brought by a dissident faction of the Two Rivers Baptist Church against senior pastor, the Rev. Jerry Sutton seeking Sutton's removal as an officer and director of the large Nashville church and asking for damages. Plaintiffs accused Sutton of misusing church funds. The Tennessean reports that Chancellor Claudia Bonnyman agreed with defendants that how a church decides to spend its money is a religious matter that civil courts may not review. The court, however, did leave in place an earlier order permitting plaintiffs to inspect the church's financial documents. (See prior related posting.)

Primary Ads Urge Voters To Probe Candidates On Church-State Issues

A series of newspaper and television ads have been launched in New Hampshire and South Carolina by First Freedom First asking voters to look at whether candidates in the upcoming primaries are respecting church-state separation and religious freedom. A press release Friday by Americans United reports that the first of the TV ads feature Jack Klugman and James Whitmore urging voters to ask candidates: "Who will decide my end of life care: politicians and religious right leaders, or my doctor and me?", and asking whether the candidate will "protect the right of all Americans to worship...or not." The First Freedom First website lists ten suggested questions that voters should ask candidates in order to find out their views on church-state and religious liberty concerns. First Freedom First is a joint project of Americans United and the Interfaith Alliance Foundation.

Pennsylvania Insists On Licenses for Tranist Vehicles Serving Amish

Last Sunday's Pittsburg Post Gazette carried a story about a crack down by Pennsylvania Public Utility Commission enforcement officers against drivers who provide rides for Amish residents in exchange for compensation, but who have not obtained a $350 PUC paratransit certificate. Amish prohibitions on owning or operating motor vehicles mean they need to hire non-Amish to transport them when they need to travel a significant distance. The PUC regulations require adherence to safety standards and obtaining of commercial insurance in order to qualify for the certificate. In case of an accident, paying passengers would not be covered by non-commercial insurance.

Three Cases Involve Employee Requests For Religious Time Off

In Leonce v. Callahan, 2008 U.S. Dist. LEXIS 228 (ND TX, Jan. 3, 2008), a Texas federal magistrate judge granted summary judgement in a Title VII case to a county sheriff's office that refused to accommodate a detention officer's request that he not work on Saturdays because of his Seventh Day Adventist faith. The court found that the county had established that there was no reasonable accommodation that would not have imposed an undue hardship on the county.

In Massachusetts Bay Transportation Authority v. Massachusetts Commission Against Discrimination, (MA Sup. Jud. Ct., Jan. 4, 2008), the Massachusetts Supreme Judicial Court held that the MBTA had violated the state's prohibition on religious discrimination in employment when it refused to to hire a Seventh Day Adventist as a part-time bus driver because he needed Saturdays off to observe his Sabbath. The court held that the MBTA should have facilitated a voluntary swap of hours by employees. Because the MBTA did nothing to accommodate the applicant, the court said it did not need to decide whether requiring an employer to incur more than de minimis cost to accommodate an employee violates the establishment clause. Today's Boston Globe reported on the decision.

Finally, the Louisville Courier-Journal reports on a religious discrimination lawsuit by a Clarksville, Indiana man against a Value City retail store. The employee left his job after the store refused to assure him that he could always have Wednesday nights and Sundays off to attend church services.

Court Upholds Texas Mandatory Moment of Silence Law

On Tuesday, a Texas federal district court rejected an Establishment Clause challenge to the Texas law that requires public schools to observe a moment of silence each day during which students may “reflect, pray, meditate, or engage in any other silent activity that is not likely to interfere with or distract another student.” In Croft v. Perry, (ND TX, Jan. 2, 2008), most of the court’s 36-page opinion focused on the state’s purpose in enacting the current version of the law. The court concluded: “Although it is a close question, the Court finds legitimate the secular purpose of allowing for all types of thoughtful contemplation and concludes that this purpose is supported by the legislative history and sufficient to withstand the Lemon test. The Court rejects the argument that this purpose is trivial or pretextual.” Today's Houston Chronicle and Dallas News both reported on the decision. (See prior related postings 1, 2.)

Teaching of Evolution, Rejection of Creationism Pressed By US Advisory Groups

Reuters reports that yesterday the U.S. National Academy of Sciences along with the Institute of Medicine issued a book titled Science, Evolution and Creationism. The NAS and IOM are advisory bodies to the U.S. government on issues of science and medicine. The press release on the book says:

Recent advances in science and medicine, along with an abundance of observations and experiments over the past 150 years, have reinforced evolution's role as the central organizing principle of modern biology....

Despite the overwhelming evidence supporting evolution, opponents have repeatedly tried to introduce nonscientific views into public school science classes through the teaching of various forms of creationism or intelligent design.... NAS and IOM strongly maintain that only scientifically based explanations and evidence for the diversity of life should be included in public school science courses. "Teaching creationist ideas in science class confuses students about what constitutes science and what does not," the committee stated."

As SCIENCE, EVOLUTION, AND CREATIONISM makes clear, the evidence for evolution can be fully compatible with religious faith. Science and religion are different ways of understanding the world. Needlessly placing them in opposition reduces the potential of each to contribute to a better future," the book says.

At the same time, according to Science Daily, a coalition of 17 scientific organizations is urging scientists to become more involved in promoting science education, including evolution. An article in the January 2008 FASEB Journal says that introducing creationism and intelligent design in the science classroom undermines the fundamentals of science education.

Evangelicals Crucial To Huckabee's Win In Iowa

An AP analysis shows that support of evangelicals was crucial to Mike Huckabee's win in the Republican Iowa caucuses yesterday. An AP poll revealed that more than 80% of Huckabee's caucus supporters were born again or evangelical Christians, while fewer than half of Mitt Romney's supporters fit that description. Almost two-thirds of Huckabee's supporters said it was very important that their candidate share their religious beliefs. Only 20% of the Romney supporters had that view. Huckabee is a former Southern Baptist minister and has emphasized his Christian beliefs during the campaign.

Women Appointed For First Time To Singapore's Sharia Appeal Board

In Singapore, for the first time three women have been appointed to the 20-member panel whose members hear appeals from the Sharia Court and Registrar of Muslim Marriages. (See Section 55 of the Administration of Muslim Law Act which provides for the Appeal Board.) For 40 years, only men had been appointed to serve on the panel. Earth Times today reports that the new appointments were made by Singapore President SR Nathan on the advice of the Islamic Religious Council.

Suit Challenges Ban On Fortune Telling As Anti-Pagan

In Baton Rouge, Louisiana on Tuesday, a local business that wants to offer fortune telling has filed a federal lawsuit challenging on constitutional grounds a Livingston Parish ordinance that prohibits it. KATC News reports that Gryphon's Nest Gifts Inc. filed suit alleging in part that the ban on "soothsaying, fortune telling, palm reading, clairvoyance, crystal ball gazing, mind reading, card reading and the like for money or other consideration" was an attempt to promote Christianity over paganism. The complaint alleges that the ban "primarily affects pagan leaders and pagan church members who are most likely to support themselves or increase their income by performing divination for consideration." The suit also raises vagueness and free speech claims.

Malaysian Court Delays Funeral After Dispute On Conversion

Malaysian courts are once again involved in a dispute over religious conversion. The AP today reports that Ngiam Tee Kong, a Malaysian Christian, has obtained a temporary order from the Kuala Lumpur High Court after the Federal Territory Islamic Council insisted that his wife be buried in a Muslim funeral. Council officials insisted that Wong Sau Lan, who died on Dec. 30, had converted to Islam before her death. Her husband says she remained a Christian and that the alleged conversion was illegal. Now the body will remain unburied until at least Jan. 18 when the High Court will hold a preliminary hearing.

Free Exercise Claim As To DNA Testing Rejected On Procedural Grounds

In In re My'kavellie E., (OH Ct. App., Dec. 31, 2007), an Ohio appellate court rejected a free exercise claim made by a putative father in a custody suit. Manley E. argued that his religious rights were violated when the trial court ruled that the sole proof of paternity could be DNA testing. Appellant said that submitting to genetic testing would be a de facto denial of paternity that would violate his Islamic beliefs. The appellate court rejected the claim, saying that neither the trial court nor the appellant's trial attorney had knowledge of why Manley E. refused to submit to genetic testing. Nevertheless, the appellate court on other grounds reversed the putative father's dismissal from the custody action.

Utah Governor Held 1996 Meetings On LDS Doctrine and Modern Government

Blog from the Capital today calls attention to an investigative article published earlier this week by the Salt Lake Tribune detailing a series of meetings held in October 1996 by then-Utah Governor Mike Leavitt. Leavitt, a Mormon, is now Secretary of the U.S. Department of Health and Human Services. The meetings, held with close staff and advisers in anticipation of his re-election, explored how teachings from the Book of Mormon and the church's Doctrine and Covenants could apply to modern government. Meeting early in the morning at the Governor's Mansion, the group ultimately settled on a series of principles for implementation that are not overtly religious-- free agency, accountability, equality, stewardship, marriage, unity, goodness, heritage, worship, safety and a sense of order. The Tribune article has links to minutes of the five meetings plus links to related documents. After inquiries from the Tribune, Leavitt requested that the documents be removed from public view by the State Archives because of the private nature of participants' comments. However, as reported by a second Tribune article, the State Archives decided on Monday that the documents would remain available to the public.

Court Holds That "Choose Life" Is Not Religious Speech

Children First Foundation v. Martinez, 2007 U.S. Dist. LEXIS 94944 (ND NY, Dec. 27, 2007) is a challenge to New York state's refusal to approve special picture license plates that include the slogan "Choose Life". In this phase of the litigation, a New York federal district court refused to permit the Deputy Commissioner of the Department of Motor Vehicles to amend her answer to raise an Establishment Clause defense, finding that religious speech was not involved. The court reasoned:

It may very well be true that those who participate in the abortion debate on the pro-life side are members of religious organizations whose religious beliefs form the basis for their views. However, that does not transform the pro-life stance into one that is religious in nature, nor does it transform the phrase, "Choose Life" into religious speech. Nothing in constitutional jurisprudence supports the conclusion that political speech which is derived from one's ethical or religious beliefs or background transforms it into religious speech. Many religious persons and organizations may be opposed to capital punishment, or perhaps in favor of gun control. Those political issues are not therefore automatically transformed into religious issues simply by virtue of the religious beliefs of their supporters. The same is true for the abortion debate.

New York Court Says Chabad Headquarters May Eject Messianists

JTA and the New York Jewish Week both report on a decision handed down Dec. 27 by a New York trial court in a battle over control of the headquarters of the Chabad Lubavitch movement-- 770 Eastern Parkway in New York's Crown Heights section of Brooklyn. At issue is a dispute within Chabad over whether the Hasidic movement’s grand rebbe, Menachem Mendel Schneerson, who died in 1994, may be referred to publicly as the Messiah. (See prior posting.) The court, in giving the owners of the headquarters building-- Agudas Chasedei Chabad and Merkos L’Inyonei Chinuch -- the right to eject from the building a congregation located in its basement, the court gave a victory to those who reject the messianist faction of the Chabad movement. Edward Rudofsky, the attorney representing the messianist faction (organized as Congregation Lubavitch Inc.) said they would appeal the decision. He said: "this is an argument over control over religious congregation and it did not belong in secular court..." The Jewish Week article carries an extensive description of the messianist atmosphere that currently dominates the synagogue.

Polish Catholic Church Opposes Government Funding of IVF Procedures

Poland's Health Minister says that she will include funding for in vitro fertilization procedures in the ministry's budget for 2008, despite strong opposition from Catholic Church leaders. Yesterday's Catholic World News reported that the Polish Catholic hierarchy has published an open letter opposing the funding. Health Minister Ewa Kopacz says, however, that infertility is a social problem that needs to be addressed.

Palestinian Hajj Pilgrims Return Home After Dispute On Crossing Into Gaza

Yesterday, more than 2000 Palestinian pilgrims returning from the hajj crossed into the Gaza strip after being delayed for five days in Egypt in a dispute over their return route. The International Herald Tribune reports that the Egyptian government, after discussions with Israel, had demanded that the pilgrims return to Gaza via an Israeli border crossing so that Israel could determine whether senior Hamas leaders who were among the pilgrims were bringing back large sums of money to support Hamas in Gaza. The pilgrims insisted on entering Gaza directly from Egypt through the border crossing at Rafah. Eventually Egypt gave in to the pilgrims' demand. Earlier yesterday the Palestinian Centre for Human Rights issued a statement arguing that the delay in permitting the pilgrims to return to Gaza violated international law. The Jerusalem Post earlier this week, however, said that Hamas operatives were suspected of having up to tens of millions of dollars that they were intending to smuggle into Gaza.

Tunisia Will Not Implement Decision On Hijab-- Sees Scarf As Politcial Symbol

Bloomberg News yesterday reported that Tunisia's government is not generally implementing an October court ruling that held unconstitutional the government's ban on Muslim women wearing headscarves in state buildings and schools. (See prior posting.) Apparently the ban has been lifted only for the teacher who was the successful plaintiff in the case. Secular governments in the Middle East view the hijab as an Islamist political symbol, and not as religious obligation. Mohammed Fantar, professor of Islamic history at Manar University in Tunis, says that the hijab is "an import by way of satellite television. It's a menace for all.''

Reversed 1970 Adoption Decision Is Circulating In Blogosphere As Current

The blogosphere is full of reports (example) on a Time Magazine article about a New Jersey couple that were found by a state trial court to be unfit to adopt a child because they did not believe in a Supreme Being. References to the article have been so widely circulated that it shows up as the number 1 most read on Time Magazine's website tonight. The only problem is that that article is from 1970 and the trial judge's decision was reversed by the New Jersey Supreme Court in 1971 (In re the Adoption of "E"). (The 1970 Time article indicates that the appeal is pending.) Many postings treat the article as current news, and the "most popular" listing by Time-- which is apparently generated without human intervention --adds to the misinformation. [Thanks to Scott Mange for the lead.]

Pew Forum Gives Background Information As Presidential Selection Process Begins

As tomorrow's Iowa Caucus formally ushers in the Presidential selection season, the Pew Forum on Religion and Public Life continues to furnish extensive news and background information of interest. Its Religion and Politics 2008 page links to extensive material about the views of each candidate on issues of concern to religious voters as well as to news on the impact of religion in the 2008 election cycle.

Churches Increasingly Hit With Property Tax For Unrelated Property

Today's Wall Street Journal reports that local governments are increasingly levying property taxes on churches, as religious organizations increasingly acquire property which they rent out or use for non-religious purposes. Examples range from a visitors center and gift shop built by a Newport, Rhode Island synagogue, to shopping center space rented out to stores and restaurants by a Rockford, Illinois church that owns the mall and uses part of it for worship services. Churches say that proceeds from properties are funneled back for religious uses. Generally, though, laws exempt property only if the property itself is used for religious or charitable purposes. Texas Tech law professor James Vaughn says: "When you have a taxing authority trying to decide what's your ministry and what's not, I see a problem here."

Happy New Year To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2008 begins, I want to thank all my long-time readers for your continued interest and welcome the many new readers who have joined us this year. Your comments, e-mails, links and leads on news stories are all appreciated. In 2007, Religion Clause was recognized by the ABA as one of the top 100 legal blogs and Justia ranks it 11th in all-time popularity among Blawgs. Sometime in the next 24 hours, the Religion Clause site meter (which measures visitors since the blog was initiated) will turn to 225,000. I hope you will continue to rely on Religion Clause for unbiased reporting on news of church-state and religious liberty developments and for links to primary source documents.

Best wishes for 2008.

Howard M. Friedman

Malaysia Reverses Decision and Issues Permit To Christian Paper Using "Allah"

BBC News reported on Sunday that the Malaysian government has reversed its earlier decision and has agreed to issue a license to a Christian newspaper that uses the word Allah to refer to God. Earlier, the Internal Security Ministry had refused to renew the permit of the Catholic newspaper, the Weekly Herald, for 2008 unless it stopped translating "God" as "Allah" in the Malay language version of the paper. The Ministry said that "Allah" could only be used to refer to the Muslim God. (See prior posting.)

UPDATE: Adding to the confusion, the AP reports that Malaysia's minister for Islamic affairs said on Thursday that the government still takes the position that the word "Allah" can only be used to refer to the Muslim God. The paper has filed a lawsuit to obtain approval for its use of the term in quoting from the Malay language Bible.

Bibliography of Law and Religion Articles, Books and Blogs

The December 2007 Newsletter of the Association of American Law Schools Section on Law and Religion contains an extensive bibliography of books, articles and blogs on law and religion published in the last year. I have posted the bibliography at this link.

New Articles and Books of Interest

Recently Published Articles:

• The January/February 2008 issue of Liberty Online: A Magazine of Religious Freedom has been issued online.

From SmartCILP:

• The Journal of Catholic Legal Studies, Vol. 46, No. 2 has been issued. It includes: symposium articles by Susan Stabile and Piero Tozzi on "When Conscience Clashes with State Law & Policy: Catholic Institutions" as well as: Sr. Melanie DiPietro & Alison Sulentic, SSM Health Care: The Integration of Catholic Social Thought Values in a Modern Health Care System; Gregory A. Kalscheur, Catholics in Public Life: Judges, Legislators, and Voters; Robert E. Rodes, Jr., On Lawyers and Moral Discernment; Rebecca Van Uitert, Undocumented Immigrants in the United States: A Discussion of Catholic Social Thought and "Mormon Social Thought" Principles.

New Books:

• Susan Pace Hamill, As Certain as Death, (Carolina Academic Press, 2007), reviewed by the New York Times.
• Noah Feldman, The Fall and Rise of the Islamic State, (Princeton University Press, March 23, 2008). Discussed in a Harvard Law Today interview.
• Michael Lienesch, In the Beginning: Fundamentalism, the Scopes Trial,and the Making of the Antievolution Movement, (University of North Carolina Press, 2007), reviewed at H-Net. [Thanks to First Amendment Law Prof Blog.]

Impact of Bibles On Jurors In Imposing Death Sentence At Issue In 5th Circuit

Yesterday's Houston Chronicle carries a story about a November decision by the U.S. 5th Circuit Court of Appeals in Oliver v. Quarterman, (5th Cir., Nov. 16, 2007). In it the court ordered briefing and oral argument scheduled on whether jurors' consultation of the Bible during the sentencing phase of a murder trial raises a presumption of prejudice, and, if so, whether the state has rebutted that presumption.

Winston Cochran, Oliver's lawyer, says that at issue is whether jurors, in imposing the death sentence on Oliver, were prejudiced by Numbers 35:16 that reads: "But if he struck him down with an iron object, so that he died, he is a murderer; the murderer shall surely be put to death" Cochran explained: "This poor old farmer, he got shot and when he was lying outside on the ground, he was struck with the barrel of a gun. So he was literally struck with an iron rod. You could say God and Moses anticipated this exact thing if you take a literal view of it. And that's got a lot of potential for mischief." Attorney Sue Korioth, who handled an earlier appeal in the case, said there was no implication that jurors voted based on Scripture. She said: "Several [jurors]... carried Bibles in and out like my daughter carries her 'Seventeen' magazine. It was just their reading material."

Huckabee Talks About His Religious Beliefs on Meet the Press

Tim Russert's interview with Republican presidential hopeful Mike Huckabee yesterday on Meet the Press (full transcript) included several exchanges about Huckabee's religious beliefs. Here are some excerpts:

MR. RUSSERT: You went to the late Jerry Falwell's Liberty University, and were asked about your political success, and you said, "There's only one explanation for it. It's not a human one," suggesting divine intervention.... And then, and then this comment. "I hope we answer the alarm clock and take this nation back for Christ."

GOV. HUCKABEE: Which was, by the way, ... [a] 1998 speech ... [t]o the Southern Baptist Convention. So it was a speech made to a Christian gathering, and, and certainly that would be appropriate to be said to a gathering of Southern Baptists.

MR. RUSSERT: But where does this leave non-Christians?

GOV. HUCKABEE: Oh, it leaves them right in the middle of America. I think the Judeo-Christian background of this country is one that respects people not only of faith, but it respects people who don't have faith. The, the key issue of real faith is that it never can be forced on someone. And never would I want to use the government institutions to impose mine or anybody else's faith or to restrict. I think the First Amendment, Tim, is explicitly clear. Government should be restricted, not faith, government. And government's restriction is on two fronts: one, it's not to prefer one faith over another; and the second, it's not to prohibit the practice of somebody's religion, period.

MR. RUSSERT: So you'd have no problem appointing atheists to your Cabinet?

GOV. HUCKABEE: No, I wouldn't have any problem at all appointing atheists. I probably had some working for me as governor.... And if people want to know how I would blend these issues, the best way to look at it is how I served as a governor. I didn't ever propose a bill that we would remove the capitol dome of Arkansas and replace it with a steeple. You know, we didn't do tent revivals on the grounds of the capitol. But my faith is important to me.... It drives my views on everything from the environment to poverty to disease to hunger. Issues, frankly, I think the Republicans need to take a greater leadership role in. And as a Republican, but as a Christian, I would want to make sure that we're speaking out on some of these issues....

MR. RUSSERT: ... [T]his is what you wrote in your book, "Kids Who Kill," in 1998: "It is now difficult to keep track of the vast array of publicly endorsed and institutionally supported aberrations--from homosexuality and pedophilia to sadomasochism and necrophilia." Why would you link homosexuality with sadomasochism, pedophilia and necrophilia?

GOV. HUCKABEE: Well, what I was pointing out is all of these are deviations from what has been the traditional concept of sexual behavior and men and women having children, raising those children in the context of a, of a traditional marriage and family. And, again, taken out of the larger context of that book, speaking about how so many of our social institutions have been broken down.

MR. RUSSERT: But do you think homosexuality is equivalent to pedophilia...

GOV. HUCKABEE: Oh, of course not.... Tim, understand, when a Christian speaks of sin, a Christian says all of us are sinners.... The perfection of God is seen in a marriage in which one man, one woman live together as a couple committed to each other as life partners.... Tim, I've been asked more about my faith than any person running for president. I'm OK with that. I hope I've answered these questions very candidly and very honestly. I think it's important for us to talk about it. But the most important thing is to find out, does our faith influence our public policy and how? I've never tried to rewrite science textbooks. I've never tried to come out with some way of imposing a doctrinaire Christian perspective in a way that is really against the Constitution. I've never done that.

MR. RUSSERT: But you said you would ban all abortions.

GOV. HUCKABEE: Well, that's not just because I'm a Christian, that's because I'm an American. Our founding fathers said that we're all created equal. I think every person has intrinsic worth and value...

MR. RUSSERT: But many Americans believe that that would be ... you imposing your faith belief...

GOV. HUCKABEE: But, no. It's not a faith belief. It's deeper than that. It's a human belief. It goes to the heart of who we are as a civilization....

MR. RUSSERT: Some Americans believe that life does not begin at conception...

GOV. HUCKABEE: Well, scientifically I think that's almost ... a point that you couldn't argue. How, how could you say that life doesn't begin at conception... biologically?

MR. RUSSERT: Do you respect that view?

GOV. HUCKABEE: I respect it as a view, but I don't think it has biological credibility....

MR. RUSSERT: October you told me you're going to win Iowa caucuses. Are you?...

GOV. HUCKABEE: Well, Thursday night I'll let you know. But let me tell you this, we're being outspent 20-to-1 here. If we do, you're going to have a political story like you've never had coming out of Iowa on Friday morning.

MR. RUSSERT: Would it be a miracle?...

GOV. HUCKABEE: I'm on record. Yes, it would.

Meanwhile last Friday, CNS News published a lengthy interview with Huckabee on his views about education and school choice.

Liberal New Hampshire Voters Also Concerned About Religion

Today's Concord Monitor reports that religious values are an important concern for many liberal voters in New Hampshire's upcoming primary. It says that some "liberal voters ... are trying hard this election to wrest the title of 'value voters' away from the religious right.... [M]any are using biblical values to promote traditionally liberal policies, such as greater attention to the environment, poverty and social justice ... [,and] opposition to the Iraq war."

Saudi Monitoring of Mosques Leads To Imam's Removal and More

Today's Arab News reports on an incident growing out of Saudi Arabia's monitoring of the performance of imams in the country's mosques. The Ministry of Islamic Affairs has 270 employees who monitor imams and khateebs (preachers), as well as 203 technical teams that check out the architectural aspects of mosques. An imam was removed from his position for delivering anti-Western sermons. The imam then sent death threats by cell phone to Ministry of Islamic Affairs official Sheikh Abdullah Al-Hammad. At his trial, the imam confessed and was sentenced to seven months in prison and 150 lashes. Now an appeal of the conviction will be heard by Saudi Arabia's Cassation Court. Meanwhile, Al-Hammad has filed a lawsuit against the imam in a Saudi religious court.

Iowa LDS Churches Will Not Comment On Caucuses From Pulpit Today

Despite, or perhaps because of, Mitt Romney's candidacy, the 22,000 Mormons attending church in Iowa this Sunday will not hear pleas to attend a caucus or support a particular candidate. Today's Salt Lake Tribune reports that historically, before elections but not before caucuses, LDS churches have read a statement from the pulpit asserting the LDS's political neutrality, but encouraging members to be active voters. In contrast, many evangelical ministers are likely to urge their congregants to vote in caucuses, a move that is likely to help Republican candidate Mike Huckabee. Quin Monson, the assistant director of Brigham Young University's Center for the Study of Elections and Democracy, says: "Clearly, if the church wanted to mobilize its members to get in, it could, but the backlash could be worse than the positive effect it could [have] on Romney."

Child Custody Shift OK'd For Failure To Follow Religious Upbinging Agreement

In Herschfus v. Herschfus, (MI Ct. App., Dec. 27, 2007), a Michigan appellate court upheld a lower court's modification of a custody award. The court gave sole legal and physical custody of a divorced couple's child, Jacob, to the father, based in significant part on the mother's failure to comply with the agreement entered at the time of the divorce to raise Jacob in the Orthodox Jewish religion. It rejected the mother's First Amendment challenge, finding that "the trial court’s ruling was constitutionally appropriate because it was based on Jacob’s needs and not on a value judgment regarding the parties' practice of religion."

Recent Prisoner Free Excercise Cases

In Kelly v. McMillin, 2007 U.S. Dist. LEXIS 94575 (SD MS, Nov. 19, 2007), a Mississippi federal magistrate judge dismissed as frivolous free exercise and equal protection claims brought by a prisoner challenging his treatment as a pre-trial detainee. Plaintiff alleged he had been denied the opportunity to participate in Ramadan because he was not fed according to his dietary specifications, and he was not supplied with a Quran even though Christian prisoners were supplied with Bibles.

In Mann v. Wilkinson, 2007 U.S. Dist. LEXIS 94002 (SD OH, Dec. 21, 2007), an Ohio federal district court rejected a prisoner's claim that he should be permitted to attend separate Christian Identity worship services, but permitted plaintiff to move ahead with his challenge under RLUIPA to a total ban on his possession of a Christian Identity pamphlet.

In Azizi Oba Sefu v. Smith, 2007 U.S. Dist. LEXIS 93959 (ED MO, Dec. 20, 2007), a Missouri federal district court permitted an inmate to proceed with his claim that his religious practices should be accommodated. Plaintiff alleged that he is a "charter member" of the Monotheistic Sanctuary of Abraham.

Christian High Schooler Opposing "Day of Silence" Wins Partial Victory

Zamecnik v. Indian Prairie School District, 2007 U.S. Dist. LEXIS 94411 (ND IL, Dec. 21, 2007), involves a challenge by Christian high school student to an Illinois' high school's prohibition on his wearing a T-shirt containing derogatory negative statements about homosexuals. He wished to wear a shirt with the slogan "Be Happy, Not Gay". The court held that "school officials may prohibit a public high school student from displaying negative statements about a category of persons, including homosexuals, that are inconsistent with the school's educational goal of promoting tolerance." However, the court held that the student did have a right to wear a T-shirt carrying the positive slogan "Be Happy, Be Straight". Denying him the right to do so while permitting those with opposing views to wear T-shirts saying "Be Who You Are" supporting gay rights during a student group's "Day of Silence" would amount to viewpoint discrimination.

Falun Gong Encounters Resistance To City Resolutions Condemning China

Yesterday's Whittier (CA) Daily News reports on the difficulties encountered by Falun Gong representatives in the United States who are attempting to get various California cities to pass resolutions condemning China's persecution of Falun Gong. Covina City Council voted down a proposed resolution after opponents quoted passages from Falun Gong's founder disapproving of interracial marriage and reproduction. Spokesman John Li however argues that references to racial separation refers only to "celestial beings".

Top Ten 2007 Developments In Church-State and Free Exercise of Religion

Here are my nominations for the 2007 Top Ten Developments in Church-State Separation/ Free-Exercise of Religion. A link to one of the postings on each development is also provided. I invite your comments, either concurring or dissenting, on my choices.

1. Religious views of candidates becomes major issue in race for Republican presidential nomination.
2. Supreme Court narrows standing in Establishment Clause cases: Hein v. Freedom From Religion Foundation.
3. Eighth Circuit strikes down state financing of faith-based prison rehabilitation program-- Americans United for Separation of Church and State v. Prison Fellowship Ministries.
4. Suits over property ownership of break-away churches mushroom, particularly as increasing number of Episcopal congregations opt for more conservative affiliations.
5. Christian beliefs on homosexuality lead to opposition to extension of federal Hate Crimes law.
6. Anti-funeral picketing laws directed at Westboro Baptist Church become subject of litigation in several states.
7. Sectarian prayer in Indiana legislature sparks litigation; 7th Circuit panel finds no taxpayer standing in case.
8. State pharmacy boards challenged over rules requiring dispensing of "morning after" pill.
9. Muslim foot basins in university and airport rest rooms provoke controversy.
10. Florida Hebrew language/Jewish culture publicly-financed charter school approved over protests.

For comparison, here are links to my top 10 picks for 2006 and 2005. You may also find it interesting to compare my choices with the 2007 top story picks by the Religion Newswriters as well as Time Magazine's picks for the Top 10 Religion Stories of 2007.

PA Supreme Court Rejects Establishment Clause Challenge To Eminent Domain [Corrected]

The Pennsylvania Supreme Court on Thursday rejected an Establishment Clause challenge to Philadelphia's use of eminent domain to permit redevelopment of blighted property by a coalition of Catholic groups wishing to build a non-denominational, faith-based, not tuition based school for children of the neighborhood. In In re A Condemnation Proceeding In Rem by the Redevelopment Authority of the City of Philadelphia, (PA Sup Ct., Dec. 27, 2007), the court found that the city's conduct passed the Lemon test under the Establishment Clause. The court said, in part:

While ... an effect of this taking is to advance a religious organization’s mission to provide faith-based educational services, this is clearly not the principal or primary effect. The principal or primary effect ... is to eliminate blight in this long-suffering neighborhood. One secondary effect is the provision of quality nondenominational educational opportunities to low-income urban families in their own neighborhood... Another secondary effect could potentially be the advancement of religion; however, as far as we can tell from the record, all potential developers were treated in the same manner...

[Corrected:] Justice Baer dissented arguing that the action amounted to direct aid to a religious institution in violation of the Establishment Clause. Today's Philadelphia Inquirer reports on the decision.

Judgment Against Holy Land Foundation and Others Reversed By 7th Circuit

In Boim v. Holy Land Foundation for Relief and Development, (7th Cir., Dec. 28, 2007), the U.S. 7th Circuit Court of Appeals reversed a lower court's award of $156 million in damages against four defendants, including the Holy Land Foundation (a large Muslim humanitarian relief organization) which allegedly contributed funds to Hamas. The suit was brought under 18 USC 2333-- a statute that permits recovery of treble damages by victims of international terrorism. The suit was filed by the parents and estate of David Boim who was murdered on the West Bank outside of Jerusalem by gunmen apparently connected with Hamas. The court remanded the case saying that plaintiffs need to prove a causal connection between defendants' conduct and the murder:

Permitting liability to be imposed on a defendant based solely on proof that the death of David Boim was a foreseeable result of the defendant’s conduct, without proof that the conduct actually was a cause of the death, would give section 2333 a far broader sweep than traditional tort principles would allow. The actual use to which the funds ... was put would be irrelevant. This would transform the doctrine of proximate causation from a principle that limits tort liability into one that expands liability, essentially rendering a defendant who intended to aid Hamas’s terrorist activities strictly liable for all foreseeable injuries even if that defendant’s aid actually did nothing to enable the terrorism and the injuries it inflicted....

Today's Springfield (IL) State Journal-Register reported on the decision.

Returning Military Chaplains Have No Reemployment Protection

An article that will appear in Sunday’s St. Louis Post Dispatch chronicles the re-employment problems faced by Reserve and National Guard military chaplains who are called up for duty in Iraq or Afghanistan and then return home. A 1979 Supreme Court case, concerned about governmental interference in affairs of religious organizations, has been seen as holding that chaplains are excluded from coverage under the Uniformed Services Employment and Reemployment Rights Act, 38 USC Sec. 4301 et. seq. (Background). The Lutheran Church- Missouri Synod has begun a program, Operation Barnabas, that works with chaplains, their families and their congregations before, during and after their deployment.

New Jersey Governor Signs Bills Protecting Religious Exercise

On Dec. 20, New Jersey's Governor Jon Corzine signed two bills designed to protect religious exercise in the state. A 3513 requires that exams for various state licenses be offered a second time on an alternative date when the scheduled exam conflicts with an applicant's religious observances. A3517 provides that patients or their family members can postpone signing admission papers when entering a health care facility if their date of admission is a day on which their religious beliefs preclude them from doing signing. The Jewish Standard reports that this will allow observant Jews admitted to a hospital on Saturday to wait until after sundown to sign required paperwork. The bills are part of a 7-bill package sponsored by Assemblyman Gary Schaer and Sen. Loretta Weinberg. (See prior related posting.)

Historic Church Gets State Grant For Repairs

The Pennsylvania Department of Conservation and Natural Resources through its Community Conservation Partnerships Program has awarded a $10,000 matching grant to the historic Methodist Episcopal Church of Burlington, PA for repairing wall and ceiling plaster. Yesterday's Towanda (PA) Daily & Sunday Review reports that church-- which is on the National Register of Historic Places-- is open to the public and does not have an active congregation. However members meet once a year in the building for a service. Apparently no one has raised church-state concerns regarding the grant.

Today Is 350th Anniversary of Flushing Remonstrance

An op-ed in today's New York Times reminds us that today is the 350th anniversary of the Flushing Remonstrance-- a document (full text) seen as the first on this continent calling for religious liberty. The Remonstrance was signed by 30 citizens of New Amsterdam who objected to an edict issued by New Amsterdam's director general Peter Stuyvesant banning Quakers in the Dutch colony. [Thanks to Steven Sheinberg for the lead.]

China Justifies Rule On Tibetan Living Buddha Reincarnations

China Daily today published a long justification for China's rule on the management of reincarnations of Tibetan living Buddhas. The regulation was issued by the State Administration for Religious Affairs on July 18 came into effect on September 1. (See prior related posting.) According to the official Chinese publication: "The rule is bound to have significant impact on standardizing governance on living Buddha reincarnation, protecting people's religious freedom, maintaining the normal order of Tibetan Buddhism and the building of a harmonious society."

Malaysia's Highest Court Rules On Divorce Jursidiction After Husband Converts

Malaysia's Federal Court has issued an important 2-1 decision in a case involving jurisdiction over a divorce when a spouse has converted to Islam. According to The Star, the majority held that a non-Muslim marriage does not automatically dissolve when one of the parties converts to Islam. The husband could go to the Syariah High Court, but the non-Muslim marriage would continue under civil law until civil courts dissolve it. The court also held that if either spouse converts to Islam, that spouse has the right to convert the children of the marriage. However the majority held that the wife in this case must refile her divorce petition in civil courts because under civil law she needs to wait at least 3 months after her husband's conversion to file.

UPDATE: The full opinion in Rajasingam v. Thangathorya is now available online.

"In God We Trust" Will Move To More Prominent Spot On $1 Coins

Section 623 of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2008 (HR 2764), signed into law by the President on Dec. 26, mandates that the motto "In God We Trust" on $1 Presidential coins be moved from the edge of the coins to a more prominent location on the face or back of the coins. Baptist Press yesterday reported that the provision was sponsored by Kansas Senator Sam Brownback and West Virginia Senator Robert Byrd. Apparently some were concerned that the edge-incused inscriptions could wear off over time, and others thought moving the inscription might be a step toward totally removing it.

Ban On Feeding the Hungry On Public Property Challenged

In West Palm Beach, Florida, two non-profit groups have sued to challenge the city's three-month old ordinance that bans their feeding of the hungry on public property at two locations in the city. Yesterday's Palm Beach Post reports that plaintiffs claim the ordinance is vague and overbroad. One of the plaintiffs, "Art and Compassion" is a religious group that says feeding the poor is part of their religious obligation to God. Referring to a recent grand jury report that found West Palm Beach Mayor Lois Frankel had created a "pay to play" environment in which developers felt pressure to contribute to city organizations and the mayor's campaign, plaintiffs in this law suit charge that a "pay to pray" system has been created. The lawsuit alleges: "Those who can pay for a building or pay money for the mayor's special projects or charities are granted the permission to pray and practice their religion as they see fit, but those who lack the funds to own a building. . . are told to go inside another's church in order to carry out their sacred duties outside the public view."

Court Says Kwanzaa Is Not "Religious"

A Shelby County, Tennessee Probate Court judge has ruled that Kwanzaa is not a "religious" celebration so that use of County Commission chambers for a Kwanzaa celebration does not violate the Establishment Clause. Yesterday's Memphis Daily News and today's Memphis Commercial Appeal report on the decision handed down in a suit filed last week by Probate Court Clerk Chris Thomas against the county and County Commissioner Henri Brooks. Thomas argued that since nativity scenes and other religious events could not be hosted on county property, it would be discriminatory to permit a Kwanzaa event. Anthony Pietrangelo, representing Thomas, said that Kwanzaa is a spiritual alternative to Christmas and by allowing the event, the county would be saying "no to access for Christmas, but yes to access for Kwanzaa." Chancellor Walter Evans, however, disagreed ruling that the celebration is not religious just because it has a spiritual dimension to it. He also said it would be inappropriate for the court to allow one elected official to infringe on the territory of another elected official.

Ahmadis In Pakistan Continue To Be Denied Recognition As Muslims

Today's London Telegraph reports on the ongoing problems faced by the 2 million members of the Ahmadiyya community in Pakistan. They consider themselves Muslim, but a 1974 amendment to Pakistan's constitution declared them non-Muslims. Twenty years ago, charges were filed against the Ahmadiyya community in the Punjab city of Rabwah charging them with impersonating Muslims (a violation of Pakistan Penal Code Secs. 298B and C). The charges are still outstanding, so the 50,000 Ahmadis in Rabwah need to keep their beards short and avoid using Muslim religious invocations. The tombstone of Ahmaidyya scientist Dr. Abdus Salam used to read: "the first Muslim Nobel Laureate". However a magistrate ordered the inscritption removed. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

Christian Churches Attacked By Hindus In Indian State of Orissa

The AP reports that in the Indian state of Orissa, Hindu extremists attacked and burned six small Christian churches on Christmas eve. There were conflicting reports of how the violence began. The Catholic Bishop's Conference said Hindu extremists objected to a Christmas pageant, believing it was designed to convince low-caste Hindus to convert. Apparently then some Christians forcibly stopping 80-year-old Hindu leader Laxmanananda Saraswati and attempted to attack him. A Hindu was killed in the resulting violence. Orissa is the only Indian state in which police permission is required before a person may change religions.

UPDATE: IANS reported on Friday that retired Orissa High Court Justice Basudev Panigrahi has been appointed to investigate the attacks under the state's Commission of Inquiry Act.

UPDATE: Christian Today reported on Saturday that a delegation from the All India Christian Council met with India's Vice President Mohammad Hamid Ansari to ask the government to stop ongoing attacks against Christians in Orissa and restore the rule of law. Other meetings of Christian delegations with government officials have also been held.

UPDATE: VHP on Saturday said that "forceful" conversions by Christian missionary groups were behind the violence in Orissa. It called for strengthening of the law on illegal conversions, enhanced sentences for violations and the monitoring of the flow of foreing funds into the area. (New India Press.)

Suit Filed Over Green Bay Nativity Display

Even though Christmas has passed, the Freedom from Religion Foundation along with 12 individuals is pursuing litigation against Green Bay, Wisconsin over the city's nativity scene display. (See prior posting.) The federal court complaint (full text) sets out the chronology of events and alleges that the display violates the Establishment Clause. The FFRF's Christmas eve news release announcing the lawsuit said: "Since federal offices are closed on Dec. 24, the Foundation has mailed its lawsuit to be received by Dec. 26 by the U.S. District Court, Eastern District of Wisconsin." A report on the lawsuit by Gannett Wisconsin Newspapers quotes Green Bay Mayor Jim Schmitt: "They can't even file the suit in recognition of the federal holiday. There's a message there — we do have a right to celebrate Christmas." The display is scheduled to be taken down today. (WFRV News).

Christmas Messages From President Online; From Queen on YouTube

Last Friday, the White House posted on its website the Presidential Message: Christmas 2007. After quoting a passage from Gospel of Luke, the Message begins: "During the Christmas season, our thoughts turn to the source of joy and hope born in a humble manger on a holy night more than 2,000 years ago. Each year, Christians everywhere celebrate this single life that changed the world and continues to change hearts today. The simple and inspiring story of the birth of Jesus fills our souls with gratitude for the many blessings in our lives and promises that God's purpose is justice and His plan is peace."

In Britain, this year's Christmas Message from Queen Elizabeth II will not only be broadcast on television, but will also be posted on YouTube. Today's New York Times reports that on Sunday, The Royal Channel: The Official Channel of the British Monarchy went live on YouTube, carrying videos of historic events in the Monarchy's history. These include the Queen Mother's wedding in 1923 and the first Royal Christmas broadcast in 1957. Transcripts of all the Royal Christmas broadcasts since 1952 are online at the Monarchy's website.

All of this contrasts rather vividly with the actions of of the General Court of the Massachusetts Bay Colony on this day in 1651. The Puritan-controlled legislature passed a law imposing a fine of 5 shillings for observing Christmas. As reported today by Politico, this was part of the Puritans' attempt to purify the church and their personal lives.

Azeri Parliament To Consider Hijab Ban In Schools

In Azerbaijan, Parliament on Friday is expected to debate a new education bill. Trend News today reports that one portion of the proposed draft bans both pupils and teachers from wearing the Muslim headscarf (hijab) or other religious dress in schools. Azerbaijan’s Center for the Protection of Religious Rights and Freedoms of Conscience says that this ban violates the country's constitution as well as international agreements to which the country is a party. However Shamsaddin Hajiyev, chairman of the Parliamentary Commission on Science and Education, says the ban is consistent with Azerbaijan's secular character where religion and state are separate. 95% of the country's population is Muslim.

UPDATE: During Friday's parliamentary debate, Oktay Asadov, Speaker of Azerbaijan Parliament, urged that the ban on headscarves be removed from the bill and that the matter be left to the head of each school. (Trend News).

President Sends Kwanzaa Greetings

Last Friday, the White House released the President's message to those observing Kwanzaa. The President said, in part: "As family and friends gather to celebrate Kwanzaa, our citizens are reminded of the many African Americans who have contributed their talent and strength to this great Nation. I commend those observing this holiday for taking pride in your rich heritage. May the coming year be filled with the blessings of health and happiness."

Huckabee's Use of Religion In Iowa Campaign Attracts Increasing Attention

Republican presidential candidate Mike Huckabee's appeal to Iowa's evangelical voters has become the center of press attention as the Iowa caucuses approach. Today's Dallas Morning News reviews Huckabee's strategy of working with the decentralized network of Christian evangelicals, lining up endorsements from high profile evangelical leaders. Reuters reported yesterday however that Huckabee, a former Baptist preacher, has angered some Catholics by delivering the Sunday sermon at Pastor John Hagee's Cornerstone megachurch in San Antonio, Texas. Bill Donohue, president of the Catholic League, says that "Hagee has a history of denigrating the Catholic religion." And in today's Des Moines Register, two former Iowa Lieutenant Governors, Democrat Sally Pederson and Republican Joy Corning, co-authored an op-ed decrying the growing interjection of religion into the campaign. They said: "We call on the presidential candidates to run for office based on their vision, their judgment and their plans to deal with the challenges and issues that confront our nation. Do not ask us to vote for you based on your personal religious affiliation. Do not ask us to stand in judgment of your opponents' religious beliefs."

Recent Scholarly Articles of Interest

From SSRN:

• Caspar P.L. van Woensel, Symbols and the Law. BRAND, GOD, AND BAN: IMPROPER USE AND MONOPOLIZATION OF SIGNS WITH A HIGH SYMBOLIC VALUE, (Amstelveen, Netherlands: deLex, 2007 ).

From SmartCILP:

• Aaron Baker, Controlling Racial and Religious Profiling: Article 14 ECHR Protection v. U.S. Equal Protection Clause Prosecution, 13 Texas Wesleyan Law Review 285-309 (2007).


• Javaid Rehman, "War on Terror" and the Future of Muslim Minorities in the United Kingdom: Dilemmas of Multi-Culturalism in the Aftermath of the London Bombings, 29 Human Rights Quarterly 831-878 (2007).


• Jeffrey Omar Usman, Defining Religion: The Struggle to Define Religion Under the First Amendment and the Contributions and Insights of Other Disciplines of Study Including Theology, Psychology, Sociology, the Arts, and Anthropology, 83 Notre Dame Law Review 123-223 (2007).


• Symposium. The Future of Islamic Law Scholarship. Foreword by Hisham M. Ramadan; articles by Bernard K. Freamon, Nazeem MI Goolam, Sherman A. Jackson, Liaquat Ali Khan, Aminah Beverly McCloud and Hisham M. Ramadan. 2006 Michigan State Law Review 1399-1640.


• Symposium: Religion and Morality in the Public Square. Excerpts from keynote address by Noah Feldman; articles by Christopher J. Eberle, Kent Greenawalt, Leslie Griffin, Peter Steinfels, Richard W. Garnett and Bernadette Meyler. 22 St. John's Journal of Legal Commentary 417-558 (2007).

Alabama Court Rejects Defamation Claim On Church Autonomy Grounds

In Reynolds v. Wood, 2007 Ala. Civ. App. LEXIS 782 (AL Ct. Civ. App., Dec 21, 2007), an Alabama state appellate court overturned a $10,000 verdict that plaintiff had won at trial and dismissed a defamation claim brought by a church deacon against its pastor. The court said: "The statements at issue in this case were made by a pastor during a sermon and addressed the conformity of a deacon to the church's standards of faith and morality. Our courts may not decide the truth or falsity of such statements and, therefore, may not entertain claims pertaining to those issues. Furthermore, as a matter of policy, we have strong reservations about restricting the religious speech of a pastor from his pulpit.... Deacon Wood may seek recourse through the governing boards and disciplinary processes established by the church..." An AP report gives some background on the dispute between the parties over the operation of the church's benevolent fund.

Huckabee Discusses Concerns On Religion With Reporters

MSNBC carries an interesting account of Mike Huckabee's conversation with reporters on his campaign bus in Iowa on Friday. Responding to concerns that as President he would favor Christians, he said: "I don't think anybody's going to find that ... I'm some intolerant bigot when it comes to religion.... [I]n my view of faith, it's only faith if it's voluntary ... and to try to force faith on somebody would, to me, violate the heart and soul of it as to what it should be."

Asked whether he would continue the tradition he started as Arkansas governor to celebrate Christian Heritage Week and hang the 10 Commandments in his office, he replied: "[I] don't know why I wouldn't.... The Ten Commandments form the basis of most of our laws and therefore, you know if you look through them does anybody find anything there that would be all that objectionable? I don't think most people would if they actually read them."

Finally, in a lighter vein, Huckabee missed the humor in an exchnage with a reporter about Christmas eve plans. Huckabee said his family has a tradition of going out for Chinese food after Christmas eve services. Asked if this was to help him better relate to the Jewish community (where there is a similar custom), Huckabee-- apparently mystified-- replied "No, its Chinese food." [Thanks to Carpetbagger Report for the lead.]

County Resolution Urges Public Recognition of God

According to an AP story today, last week the Knox County (TN) Commission passed, by a vote of 8-3, a resolution "urging all American citizens to proclaim to every level of government its responsibility to publicly recognize God as the foundation of our National Heritage." (Agenda Item R-07-12-917). In the past, similar resolutions have generated significant controversy. They generated less this time because in October a judge invalidated the appointment of eight of the Commissioners, who, he found, were appointed in violation of the state's Open Meetings Act.

Recent Prisoner Free Exercise Cases

In Scott v. California Supreme Court, 2007 U.S. Dist. LEXIS 93525 (ED CA, Dec. 20, 2007), a California federal Magistrate Judge rejected a prisoner's claim that his First amendment free exercise rights and his rights under RLUIPA were vioalted when the warden refused to permit him to change his name for religious reasons. The court said that it found no evidence demonstrating that plaintiff's practice of his religion was substantially burdened by the refusal.

In Harris v. Schriro, 2007 U.S. Dist. LEXIS 93350, (D AZ, Dec. 18, 2007), an Arizona federal district court dismissed as a defendant a dietitian employed by the company that provides kosher meals to Arizona prisons. The court held that plaintiff had not demonstrate a connection between the dietitian's conduct and alleged violations of plaintiff's First Amendment rights. Plaintiff claimed he was denied regular kosher meals. (See prior related posting.)

In Alston v. Department of Corrections, 2007 U.S. Dist. LEXIS 91964 (WD VA, Dec. 14, 2007), a Virginia federal district court rejected an inmate's claim that being served, on two occasions, his Common Fare meal with a dirty tray lid violated his free exercise rights under the First Amendment and RLUIPA.

In Sides v. Religious Accommodation Committee, 2007 U.S. Dist. LEXIS 73075 (MD PA, Oct. 1, 2007), a Pennsylvania federal district court accepted a magistrate's recommendation (2007 U.S. Dist. LEXIS 91832, Aug. 3, 2007) insofar as it concluded that an inmate does did not need certain racially inflammatory documents confiscated from him in order for him to prove that he is an adherent of "Creativity". The court said, however, that issues remain as to whether the confiscated documents are religious materials entitled to free exercise protection.

Excessive Christian Proselytizing In Military Charged

Yesterday's Baltimore Chronicle & Sentinel carries a lengthy opinion piece by Jason Leopold on the Military Ministry, a national organization that is a subsidiary of Campus Crusade for Christ. Relying in particular on information discovered by Mikey Weinstein of the Military Religious Freedom Foundation, Leopold reports that "Military Ministry's staff has successfully targeted US soldiers entering basic training at Lackland Air Force Base and Fort Sam Houston, with the approval of the Army base's top commanders." The piece quotes Military Ministry staff as saying they are working to send soldiers "out into the world as Government paid missionaries." The website of Fort Jackson's Military Ministry reportedly carried a photo of basic training battalion commander, Lt. Col. David Snodgrass, and battalion chaplain, Maj. Scott Bullock, in uniform with Military Ministry director Frank Bussey. Leopold also says that President Bush has recently nominated Brig. Gen. Cecil R. Richardson, deputy Air Force Chief of Chaplains, to replace the outgoing Air Force Chief of Chaplains. He points out that in 2005 the New York Times quoted Richardson as saying that the Air Force reserves the right "to evangelize the unchurched."

Nepal's Government Presses For Change In Traditions for Hindu Child-Goddess

The AP reported on Saturday that a nearly 400-year old religious tradition in Nepal is coming under challenge from government officials as well as others. Traditionally, a young girl around the age of 4 is chosen from the goldsmith caste to live as the incarnation of the Hindu deity Taleju. (Background). The chosen girl-- at least until recent changes-- has been largely isolated in a Katmandu palace, and is worshipped as a goddess, until she reaches puberty and is sent back to her family, unprepared to adjust to a normal life. Now however activists charge that this practice violates Nepalese law. The Supreme Court began an investigation, and the country's new democratic government refused to allow King Gyanendra to receive the goddess's annual blessing. Apparently the prime minister, rather than the king, is to receive the blessing. The king, however, went to the goddess without permission, a step that led the government to retaliate by reducing the number of royal bodyguards.

French President Calls For Greater Role For Religion In Public Life

French President Nicolas Sarkozy, in a visit to the Vatican on Thursday, caused consternation among some in France by encouraging a greater role for religion in giving meaning to public life. Reuters reported on the trip during which Sarkozy received the title of Honorary Canon at the Lateran Basilica, an honor given to the head of France since Henry IV. (Zenit). Zenit published quotes from two of Sarkozy's speeches. At the Basilica, he said: "Secularism should not be a denial of the past. It does not have the power to sever France from its Christian roots." In meeting with Pope Benedict XVI on Thursday, Sarkozy said: "I am calling for a positive laicism, that is to say, a secularism that watches over freedom of thought, of belief and unbelief, does not consider religion as a danger, but as an asset."