Court Says Religious Conflict With Grand Jury Appearance Justifies Dismissal

In People v. Shemesh, (NY App. Div., Jan. 15, 2008), a New York appellate court in a 3-2 decision affirmed a lower court's dismissal of a grand jury indictment on free exercise grounds. Defendant asserted his right to appear before the grand jury that was considering handing down a perjury indictment against him. However he ultimately did not testify because the prosecutor refused to reschedule his appearance to prevent a conflict with defendant's observance of Passover. The majority held that "under these unique circumstances ... the People did not offer defendant a reasonable or meaningful opportunity to testify before the grand jury." The two dissenters argued that defendant's belated rejection of various other acceptable dates to testify raised a question of whether he was making a good faith effort to cooperate.

Malaysian Authorities Confiscate Christian Children's Books Over Illustrations

Australia's Christian Today reports that Malaysian authorities have recently confiscated Christian children's books claiming that graphic depictions in them of the Biblical figures Abraham and Moses violate Islamic law. General-secretary of the Malaysian Council of Churches, Reverend Hermen Shastri, called on the Interior Ministry to amend its regulations to prevent enforcement officials from acting on their personal whims.

Nevada Dems Schedule Convention For Eve of Passover

As previously reported, Nevada effectively disenfranchised observant Jews and Seventh Day Adventists last week by holding its caucuses to select delegates to the Republican and Democratic national conventions on Saturday. Now, it turns out, that the Nevada Democratic State Convention-- an all-day event-- will be held Saturday, April 19, in Reno. Not only is that the Jewish Sabbath, but that evening is the start of Passover. Even less-observant Jews generally attend a seder, which means many will travel to be with family or will need the day to prepare for the evening seder meal. Thanks to Frume Sarah's World for discovering this latest religious accommodation issue.

Suit Challenges Limits On Pastor's Speech Near Gay Pride Event

The Alliance Defense fund announced that it filed a federal lawsuit in Wichita, Kansas last Thursday on behalf of a pastor who was prevented from preaching and distributing literature on a public sidewalk near a Gay Pride event held last June in Wichita's Heritage Square Park. Police insisted that Pastor Mark Holick instead move to a private parking lot nearby. The complaint (full text) in Holick v. City of Wichita alleges that the police conduct violated Holick's rights to freedom of speech, association and religion as well as the 14th Amendment's due process clause. The lawsuit seeks a declaratory judgment and an injunction prohibiting interference with Holick's speaking in traditional public forums at future Gay Pride Events.

India's Supreme Court Allows Religious Pilgrimage Subsidies To Continue This Year

The Hindu reports that on Monday India's Supreme Court extended its order (see prior posting) allowing the government to pay out subsidies for Haj pilgrims and also for Mansarovar pilgrims. A constitutional challenge to the payment of subsidies under India's Haj Act is pending in the Allahabad High Court, which had temporarily enjoined the payment. The Supreme Court extended its earlier stay of that order, allowing subsidies for this year to proceed. The Supreme Court also asked the High Court to move expeditiously on the pending challenge.

Suit Challenges Massachusetts Law Creating Abortion Clinic Buffer Zones

Suit was filed in federal district court in Boston on Friday challenging Massachusetts' recently-enacted law (SB 1353) creating a 35-foot buffer zone around abortion clinics. In McCullen v. Coakley (full text of complaint), a group of pro-life advocates who wish to talk with, and distribute literature to, women entering a Boston area Planned Parenthood clinic ask that the new law be declared unconstitutional on its face and as applied. Alliance Defense Fund, announcing the filing of the lawsuit, said: "It’s ironic that Massachusetts, the ‘cradle of liberty,’ would pass a law that effectively creates a First Amendment-free zone that silences those who seek to share the truth about abortion."

Saudi Arabia Now Allows Unaccompanied Women In Hotels

Saudi Arabia has moved away from strict Islamic law and has begun permitting women to stay at the country's hotels, unaccompanied by a male relative or guardian. Both BBC News and the AP reported yesterday on the royal decree that permits the Ministry of Trade to promulgate new regulations that merely require unaccompanied women to present photo ID to a hotel manager. This information then must be sent to local police. The decision was adopted after a study conducted by the Interior Ministry, the Supreme Commission of Tourism and the Commission for the Propagation of Virtue and the Prevention of Vice.

The Role of Religion In Dr. Martin Luther King, Jr. Day

Today is Martin Luther King, Jr. Day. The place of religion in the federal holiday honoring the slain civil rights leader who was co-pastor at the Ebenezer Baptist Church in Atlanta, and who used religious rhetoric in many of his calls for racial equality in the United States, has always been unclear. President Bush's Proclamation declaring the 2008 date for the holiday has only this reference to Dr. King's religious beliefs: "Dr. King's faith in the Almighty gave him the courage to confront discrimination and segregation, and he preached that all the powers of evil are ultimately no match for even one individual armed with eternal truths."

Nevertheless, a visit to King's Ebenezer Baptist Church is obligatory for many of this year's presidential candidates according to yesterday's Atlanta Journal Constitution. Sen. Barack Obama spoke at Sunday services, and both Gov. Mike Huckabee and former President Bill Clinton will be at today's formal King Day observances at the Church. Huckabee will be introduced at the ceremony, but Bill Clinton-- as former President, rather than as candidate Hillary Clinton's representative-- will speak.

Meanwhile, Jonesboro, Georgia resident mark Swiger has created a religious initiative to mark MLK Day. Using the website Fulfillhisdream.org, Swiger urges every church-goer on the Sunday before Martin Luther King Day to invite along someone of a different race. Saturday's Atlanta Journal Constitution reports that the initiative is in response to King's comment that 11 a.m Sunday morning is America's most segregated hour.

Pittsburgh Presbyterian Church Gets Injunction; Holds Disaffiliation Vote

Today's Pittsburgh Post-Gazette reports that last Wednesday, Pittsburgh's Memorial Park Presbyterian Church obtained a temporary injunction from a Pennsylvania trial judge, barring the Pittsburgh Presbytery from interfering with a planned meeting of church members. At the meeting this week end, church members voted overwhelmingly to disaffiliate from the Presbyterian Church (USA) and affiliate instead with the Evangelical Presbyterian Church. A Presbytery-appointed administrative commission had written the church forbidding the meeting, but on Thursday at a court hearing the Presbytery withdrew its opposition to the injunction when church officials agreed not to take any action to dispose of church assets. Earlier this month, the church filed a separate lawsuit seeking to confirm its title to church property and prevent seizure of its buildings by the Presbytery after negotiations with the Presbytery broke down. (Church letter announcing lawsuit.)

Britsh Gay Rights Group Protests Evangelical As Equalities Commissioner

Today's London Guardian reports that a gay rights group in Britain is criticizing the appointment of Joel Edwards, leader of the Evangelical Alliance and in the black community, as a commissioner to the Equalities and Human Rights Commission (EHRC). The Lesbian and Gay Christian Movement criticizes Edwards' attempts to obtain exemptions for Christian groups from non-discrimination requirements that mandate equality in the provision of goods and services to gays and lesbians. Edwards said he welcomes the presence of lesbian and gay people on the Equalities Commission and said: "I would be disappointed if my contribution to this commission is only seen in the light of issues around sexuality."

2008 Anti-Roe v. Wade Activities Have Secular Theme

Tomorrow is the 35th anniversary of the U.S. Supreme Court's decision in Roe v. Wade. While opposition to Roe has largely been religiously-based, religion has been surprisingly absent from two national anti-abortion initiatives. First, President Bush last week declared yesterday, January 20, as National Sanctity of Human Life Day. His formal Proclamation makes no mention of religion or God, nor does it specifically mention abortion. It makes reference to protecting life "at all stages", but nowhere indicates when the initial stage of life is seen to begin. It rather cryptically calls on Americans "to recognize this day with appropriate ceremonies...."

Perhaps the ceremony the President had in mind is Tuesday's March for Life in Washington. The March for Life Education and Defense Fund sponsors this annual event to mark the anniversary of Roe. Its website this year makes no mention of religion, religious beliefs or God. The march's theme this year is: "Build Unity on the Life Principles Throughout America. No Exception! No Compromise!"

Recent Scholarly Articles of Interest

From SSRN:

• John M. Kang, Deliberating the Divine: On Extending the Justification from Truth to Religious Expression, (Brooklyn Law Review ,Vol. 73, No. 1, 2007).
  
• David A. Skeel, The Paths of Christian Legal Scholarship, (U of Penn Law School, Public Law Research Paper No. 08-05, Jan. 15, 2008).
  
• Robert E. Rodes, On Professors and Poor People - A Jurisprudential Memoir, (Journal of Law and Religion, Vol. 22, No. 2, 2007).
  
• Herman Philipse, Antonin Scalia's Textualism in Philosophy, Theology, and Judicial Interpretation of the Constitution, (Utrecht Law Review, Vol. 3, No. 2, pp. 169-192, December 2007).
  
• Glenna Goldis, The Catholic Scare: How Anti-Catholic Prejudice Shaped Brown v. Board, (January 11, 2008).

Other recent articles:

• Richard F. Duncan, Justice Thomas and Partial Incorporation of the Establishment Clause: Herein of Structural Limitations, Liberty Interests, and Taking Incorporation Seriously, 20 Regent L.Rev. 37 (2007).

Egyptian State Council Gets Advice From Islamic Scholars On Copts Reconverting

Courts in Egypt have increasingly faced requests for new identification documents from Coptic Christians who have initially converted to Islam and then have reconverted to Christianity. Counselor Moataz Kamel Morsi, Deputy Chairman of the State Council, asked Egypt's top religious body, the fatwa committee at Al Azhar, for guidance. Yesterday Al Arabiya reported that the fatwa issued in response says that the decision to convert to Islam should not be retractable, and re-converting is "a grave crime that cannot be met with leniency." It concludes that offenders should first be given a chance to "repent", but if they do not they should be punished according to Sharia. Some scholars say Islamic law prescribes no specific punishment for apostasy, while others say it is punishable by death.

Pastor Briefings Being Held In Advance of Presidential Primaries

Yesterday's Dallas Morning News reports that key figures in the Texas Restoration Project that held a series of closed-door pastor briefings in the 2006 elections are taking their presentations on the road to this year's presidential primary and caucus states such as Florida, Iowa and South Carolina. Sponsors say the briefings are nonpartisan and merely urge ministers to mobilize their congregations to vote for candidates with their moral agenda. Many of the speakers at the briefings, however, are supporters of candidate Mike Huckabee.

Catholic Hospital Sued For Refusing Transgender Surgery

In San Francisco Superior Court, a transgendered individual who had completed gender reassignment surgery to become a woman sued a Catholic hospital in Daly City (CA) that refused to permit her physician to perform breast augmentation surgery in the hospital. The complaint (full text) in Hastings v. Seton Medical Center alleges that the hospital's outpatient surgery manager told plaintiff that she could not have surgery at the hospital because "God made you a man." Fox News on Friday reported on the case in which plaintiff seeks damages and injunctive relief, alleging gender discrimination in violation of California's Unruh Civil Rights Act and a claim of intentional infliction of emotional distress. A spokeswoman for the Daughters of Charity Health System (of which Seton Medical Center is a part) said in a written statement: "Vincentian and Catholic values form the basis of our identity and set the parameters for our ethics and standards of behavior in health care."

Saudis Discuss Women's Rights and Polygamy With UN Committee

The United Nations Committee on the Elimination of Discrimination Against Women is meeting in Geneva from Jan. 14 to Feb. 1 to review reports on eight countries' implementation of their obligations under the Convention on the Elimination of All Forms of Discrimination Against Women. (UN Press Release). On Jan. 17, the Committee reviewed the report on Saudi Arabia, questioning the Saudi delegation at length about various issues. (UN Press Release). Saudi Arabia signed the convention with the following reservations:

1. In case of contradiction between any term of the Convention and the norms of Islamic law, the Kingdom is not under obligation to observe the contradictory terms of the Convention.
2. The Kingdom does not consider itself bound by paragraph 2 of article 9 of the Convention [equal rights with respect to nationality of children] and paragraph 1 of article 29 of the Convention [arbitration provisions].

In this context, Saudi officials discussed with Committee experts the permissibility of polygamy in Saudi Arabia:

Islam had sanctioned polygamy ... with some restrictions, namely of the number of wives, and the equal treatment of the wives by the husband. This was because of men’s strong sexual desires, or their wish to have children in case of being married to a barren wife. Polygamy was a necessity to enable women to lead a normal life. Polygamy was ethical, as it did not allow a man to have sexual relations with any woman other than his wife, and was humanitarian, as it provided for women to be wives and to be treated as such, and provided for.... Some women preferred to be a second wife rather than living alone.

An AFP report yesterday summarized the Saudi report and the exchange between Committee experts and Saudi officials.

Sharia Councils Operate In Britain

Yesterday's London Telegraph published a report on Sharia Councils that operate in a number of British mosques. They mainly deal with issues of marriage and divorce, and with financial disputes. Under current British law, their judgments have no legal force and so are binding only on those who voluntarily agree to comply with them. Some however are arguing that British law should give some form of recognition to judgments of the dozens of existing Sharia Councils, in part to regulate a system that now operates outside civil guidelines.

Recent Prisoner Free Exercise Cases

In Hill v. Cruz, (5th Cir., Jan. 14, 2008), the U.S. 5th Circuit Court of Appeals affirmed the dismissal of a Muslim inmate's First Amendment and RLUIPA claims challenging the Texas prison system's policy on the substitution of pork entrees with other food items.

In McCollum v. California, 2007 U.S. Dist. LEXIS 95716 (ND CA, Dec. 13, 2007), a California federal district court dismissed Wiccan inmates' Establishment Clause and equal protection challenges to California's Five State-Sanctioned Faiths Policy because plaintiffs had not exhausted their administrative remedies. However it permitted inmates' free exercise claims, as well as a taxpayer Establishment Clause challenge, to move forward. (See prior related posting.)

In Hysell v. Pliler, 2008 U.S. Dist. LEXIS 2721 ED CA, Jan. 14, 2008) a California federal magistrate judge rejected an inmate's First Amendment and RLUIPA claims that he was denied access to various artifacts necessary to practice his Wiccan religious beliefs. The court found the instances cited were either justified by a compelling governmental interest or did not place a substantial burden on defendant. Certain other claims were rejected as unexhausted.

In Bryant v. Tilton, 2008 U.S. Dist. LEXIS 2930 (ED CA, Jan. 14, 2008), a California federal magistrate judge rejected a claim by a Muslim prisoner that the exclusion of those serving a life sentence without parole from California's conjugal visit program infringed his free exercise rights under the First Amendment and RLUIPA. Plaintiff argued that under Islamic law, his wife could file for annulment or divorce if their marriage is not consummated within four months. However, the court found, plaintiff married in 1993 and at that time he was able to, and did participate in the family visiting program.

In Wesley v. Muhammad, 2008 U.S. Dist. LEXIS 3136 (SD NY, Jan. 10, 2008), a New York federal magistrate judge recommended that a Muslim inmate be allowed to proceed with most of his claims that meals served and prison commissary items furnished to him at Rikers Island prison facilities violated his religious dietary requirements that limited him to Halal food.

In Best-Bey v. Commonwealth of Pennsylvania, 2008 U.S. Dist. LEXIS 3540 (ED PA, Jan. 17, 2008), an inmate alleged that he was not permitted to observe his holy day of Friday or keep his fez on for the day. A Pennsylvania federal district court dismissed the claim against the city of Philadelphia, finding that the alleged violations did not stem from any policy or practice of the Philadelphia Prison System, and that the city cannot be held on a respondeat superior theory for actions of prison employees.

Debate Over Female Circumcision In Indonesia

Today's New York Times Magazine, in an article titled A Cutting Tradition, explores the tradition of female circumcision in Indonesia and the debate in Indonesia over banning it. The Ministry of Health has prohibited medical personnel from engaging in female genital cutting, but the decree has not been backed by legislation and does not apply to traditional circumcisers and birth attendants. The article profiles the annual circumcision event sponsored by the Islamic educational and social service organization, the Assalaam Foundation.

China Appellate Body Releases Four House Church Leaders

In China, the Hubei Provincial Re-Education Through Labor Administration Committee issued a decision (full text) earlier this month releasing four Christian house church leaders from a labor camp to which they had been sentenced. The Administration Committee's ruling reversed a decision made last year by the Re-Education Through Labor Administration Committee of Enshi Autonomous Region. Christian News Wire yesterday reported on the January 8 reversal which found that the original sentences were based on insufficient evidence. Of the nine house church leaders arrested in July 2007 on charges of "engaging in organizing and making use of an evil cult organization to undermine the enforcement of State laws", three women remain in labor camps.

Court Says Private Religious School Not Covered By California's Unruh Act

The Riverside (CA) Press-Enterprise reports that in a January 11 ruling, a California trial court dismissed a discrimination lawsuit filed against Wildomar's California Lutheran High School by two 11th graders who in 2005 were expelled because school officials suspected they were in a lesbian relationship. The school's code of conduct provides that students can be expelled for immoral or scandalous behavior that contradicts Christian values. Riverside Superior Court Judge Gloria Trask apparently ruled that the the non-profit religious school is not a business, and so is not covered by provisions in California's Unruh Civil Rights Act (CA Civil Code Sec. 51 ff.) that prohibit businesses from discriminating on the basis of actual or perceived sexual orientation. (See prior related posting.)

NY Corrections Department Settles Title VII Suit Brought By Feds

The U.S. Department of Justice announced yesterday that a New York federal district court has approved a consent decree under which the New York State Department of Correctional Services must keep in place a process under which employees seeking religious accommodations to workplace policies get an individualized review and determination. The consent decree settles a Title VII lawsuit filed last March by the Justice Department after a Muslim correctional worker at a halfway house complained he was told he must remove his kuffi (skull cap) while at work, and that there was no policy in place to review the employee's request for accommodation of his religious practices. The Department of Corrections had already agreed that the Muslim employee involved can wear a dark blue or black kuffi with his uniform. (See prior posting.)

Trinidad & Tobago Court Advertises For Input On Whether Juror Can Wear Burka

The High Court in Trinidad & Tobago is taking an unusual approach to the question of whether a Muslim woman wearing a burka may serve as a juror. Trinidad & Tobago Express and Trinidad & Tobago's Newsday today both report on the decision of High Court Judge Joan Charles to run advertisements in newspapers once a week for the next two weeks inviting religious organizations and other interested parties to submit their views on the matter. The issue arose in December when a woman was discharged from jury service after she refused to lift the veil on her burka to allow her face to be seen by the defendant throughout the trial, as Judge Charles claimed was required.

Serbia Accused of Improperly Denying Registration To Religious Groups

Forum 18 reported yesterday that in Serbia, the Religion Ministry continues to deny state registration to religious communities on five different grounds that are not found in the country's Religion Law. The watchdog group says that former Religion Minister Milan Radulovic, who is now an adviser in the Ministry, refuses to grant legal status to churches that refuse to unite with other similar communities; to any Orthodox church that is not part of the Serbian Orthodox Church; to non-monotheistic religions; to religions that do not have a headquarters in another country; and to groups that are viewed as either non-traditional or philosophical. Radulovic says that some of these groups might be recognized in 450 to 500 years "when they pass historical tests." (See prior related posting.)

Court Says Animal Slaughter Ban Not A Land Use Regulation Under RLUIPA

In Merced v. City of Euless, 2008 U.S. Dist. LEXIS 3685 (ND TX, Jan. 17, 2008), a Texas federal district judge ruled that a Euless, Texas ordinance banning the slaughter of animals or maintaining property to slaughter animals is not a land use regulation. Therefore it is not covered by the Religious Land Use and Institutionalized Persons Act. The ruling was made in a lawsuit brought by an ordained Santeria Oba who views animal sacrifice as an essential part of his religion. The priest was told by authorities in 2006 that he could not kill goats as part of a religious ceremony. The court wrote: "If defendant's ordinance regulating the activity of slaughtering animals were construed as a land use regulation under RLUIPA, then any ordinance that regulates a person's activities, as all activities are in some way conducted on land, would potentially be subject to RLUIPA." Yestereday's Dallas Morning News reports on the decision.

Belarus Sentences Journalist To Prison For Muhammad Cartoons

In Belarus, the Minsk City Court on Friday sentence journalist Alyaksandr Zdvizhkow to three years in prison for his decision in 2006 to reprint the controversial Danish cartoons of the Prophet Muhammad in his newspaper, Zhoda. Beloruski Novosti reports that the deputy editor, whose paper was closed down over the printing of the cartoons, was convicted of "inciting racial, national or religious enmity or discord" under Article 130, Paragraph II, of the Belarus Criminal Code. Zdvizhkow plans to appeal to the Belarus Supreme Court.

France's Sarkozy Criticized For Positive References To Religion

Reuters on Thursday reported that French President Nicolas Sarkozy is under increasing criticism by those who say he is violating the French notions of church-state separation by his frequent positive references to God and religion. Last Monday in Riyadh, he called Islam "one of the greatest and most beautiful civilisations the world has known." Reuters says: "At issue is Sarkozy's break with a French tradition that sees faith strictly as a private affair. This began with the 1905 law and grew into a kind of political correctness that made bringing religion into public affairs a major taboo."

Miami Dade County Changes Church Zoning Rules After Lawsuit Filed

Florida Baptist Witness reported yesterday that Miami Dade County Commissioners voted last month to change the county's zoning requirements for churches. As churches increasingly meet in warehouses and storefronts, they could not comply with requirements that churches be located on at least 2.5 acres of land. The change was made after a storefront church, International Outreach Center, and another small church that meets in a home, filed constitutional, RLUIPA and state law challenges to the acreage requirement. Churches are seeking further changes to parking and frontage requirements for churches that are still in the zoning laws. They say frontage distances should be the same for churches as for businesses, and that storefront churches should be able to "borrow" from surrounding businesses that are closed on Sundays to meet parking requirements.

Malaysian Court Permits Christian Funeral For Decased Woman

In Kuala Lumpur, Malaysia, a high court has permitted the husband of deceased Wong Sau Lan to have her body cremated in Christian funeral rites. Reuters today reports that the Buddhist husband's 18-day legal battle ensued after his ethnic Chinese wife, who was baptised as a Christian last November, died of kidney failure in a Kuala Lumpur hospital. Police claimed that the woman had converted to Islam by reciting Arabic verses during a session with a traditional healer a week earlier. However in court the Islamic Affairs Council agreed that the body could be released to the husband because the alleged conversion to Islam was not carried out in accordance with Islamic law. This is the latest in a series of court battles over the right of relatives to bury deceased family members in non-Muslim funerals.

New Turkish Draft Constitution Permits Headscarves At Universities

The Turkish Daily News reported on Wednesday that Turkey's new draft constitution (which will be released within a few days) will guarantee the right of Muslim women to wear headscarves at universities. The following sentence is included in the draft: "No one can be debarred of his or her right to higher education because of his or her attire." The clause was added to the Constitution's provisions on "Right to Education" at the direction of Prime Minister Recep Tayyip Erdoğan. The draft also retains current constitutional language making religion courses in schools mandatory, despite an earlier agreement that they would become elective. (See prior related posting.)

New Poll of Russians On Church-State Issues

With Russian presidential elections scheduled for March, Interfax yesterday reported on a new nation-wide poll in Russia of public opinion on church-state issues. The poll was conducted by the Russian Public Opinion Research Center. It found that 55% of Russians believe Russia’s next president should prefer the Russian Orthodox Church to other religious organizations, while 34% think he should treat all religions equally and observe the principle of separation of church and state. Only 10% think that the next president needs to be personally religious.

Churches Increasingly Disciplining Members; Police and Courts Become Involved

Today's Wall Street Journal reports that conservative Protestant churches around the country are increasingly bringing back the practice of disciplining church members for religious offenses that range from adultery and theft to gossip, missing services or criticizing church leaders. The congregant is first confronted privately. If the congregant refuses to repent, he or she is then publicly rebuked and excommunicated. In some cases, law enforcement officers have been called in to evict an excommunicated congregant from church services. Other cases have led to lawsuits for defamation, negligent counseling or emotional injury by congregants who thought they were discussing personal matters in confidence with their pastors.

NH Grand Jury Investigating Push-Polling Question On Romney's Mormon Beliefs

A New Hampshire grand jury is investigating charges that a political polling firm, Moore Information, engaged in illegal "push polling" in a November telephone poll it conducted, according to reports by the AP and AHN. New Hampshire Statutes Sec. 664:2 defines "push--polling" as a telephone poll asking questions that imply information about an opposing candidate's character, status, stance or record, where those called are likely to think the call is from a source independent of a candidate. Sec. 664:16-a requires anyone engaged in push-polling to identify the candidate on whose behalf the call is being made. At issue in this investigation is this question:

Mitt Romney is a member of the Mormon Church. Mormons believe the Book of Mormon is more correct than the Bible. Mormons claim the Book of Mormon was given to a prophet in the 1800's by the Angel Moroni. On any given day, the Mormon Church is working to baptize thousands of people who have already passed away so they can be converted to Mormonism and join in the Glory of God.

Based on this, would you agree or disagree with those who say the Mormon Church is a cult religion not in the American tradition?...

Under New Hampshire Statutes Sec. 664:1, the push-polling requirements do not apply to presidential primaries. At issue in this investigation is whether Moore's poll could affect the general election. The AP report on Wednesday said that Moore would fight the grand jury subpoena. However, the AHN report yesterday said that Moore has decided to cooperate with the state's Attorney General in the investigation. Moore Information denies that it engaged in push-polling.

Court Says Funding Student Group Poses No Establishment Clause Problem

Yesterday in Roman Catholic Foundation, UW Madison, Inc. v. Walsh, (WD WI, Jan. 17, 2008), a Wisconsin federal district court enjoined the University of Wisconsin from refusing to use student activity fees in 2007-08 to fund activities of a Catholic student group. The University had claimed that the Establishment Clause barred it from funding activities that involve religious speech considered to be prayer, worship or proselytizing. Relying largely on the 1995 U.S. Supreme Court decision in Rosenberger v. Univ. of Virginia, the court held that the funding denial amounted to viewpoint discrimination, and that granting of such funding would not violate the Establishment Clause. However the court refused a second request for a preliminary injunction, finding that plaintiff was unlikely to be able to show that the standards student government used otherwise in evaluating funding requests gave student government unbridled discretion. Using its "significant additional components" requirement, student government denied 2008-09 funding to the Roman Catholic Foundation. Yesterday's Chippewa and Chronicle of Higher Education both report on the court's decision. This is the second lawsuit brought by the Foundation against UW-Madison. (See prior related posting.)

Israel's Rabbinic Courts More Willing To Impose Divorce Sanctions In 2007

Wednesday's Jerusalem Post reports an increased use of sanctions against recalcitrant husbands by Rabbinic Courts in 2007. Younger Rabbinic Court judges are more willing to take action to force husbands to give their wives a get-- a Jewish divorce document. Without a get, a divorced woman cannot remarry. In 2007, 23 recalcitrant men were incarcerated, compared to nine in 2006. In 55 cases, private investigators were appointed to locate husbands. This is also an increase from 2006. Overall, in 2007 however there was a 2% drop in divorces in Rabbinic Courts. The article also reports that there has been better funding for Rabbinic Courts since they were moved last year from the former Religious Affairs Ministry to the Justice Ministry.

IRS Challenged Over Its Limits On Politcial Statements From the Pulpit

The Becket Fund yesterday directly challenged the policy of the Internal Revenue Service that restricts clergy from preaching from the pulpit about the moral implications of a political campaign. Section 501(c)(3) of the Internal Revenue Code bans non-profit organizations, including churches, from intervening in political campaigns. (Background). In a release yesterday the Becket Fund called attention to an open letter (full text) run in yesterday's Wall Street Journal by Pastor Kenneth Taylor of the Agoma, Wisconsin Calvary Assembly of God Church which said in part:

Preaching about politics from the pulpit has always been a part of freedom of speech and freedom of religion in this country.... As a preacher, I am obliged to say something about it, and I shouldn't have to worry about how the government might retaliate. Last election I delivered a sermon.... I challenge you -- if you still think it's the law -- to investigate what I preached that day.

The Becket Fund represents the church in this challenge. Americans United yesterday issued a release criticizing the ad, calling it a "cute stunt" that "could lead unwary religious groups to violate federal tax law, encounter fines and lose their tax exemptions."

New Indictment Returned Against Islamic Charity and Former Congressman

The U.S. Department of Justice announced yesterday that a federal grand jury in Missouri has returned a superseding indictment adding eight new counts to the 33 previous ones in proceedings against a now-defunct Islamic charity. The Islamic American Relief Agency (IARA) and several of its former officers were originally charged with illegal transfer of funds to Iraq, theft of government funds and misuse of IARA's charitable status to raise funds for illegal purposes. Yesterday's indictment adds charges that IARA engaged in prohibited financial transactions for the benefit of an Afghan mujaheddin leader. It also charges former Michigan Congressman Mark Deli Siljander with money laundering, conspiracy, and obstruction of justice. It alleges that he received stolen US AID funds as compensation for his services in pressing for the removal of IARA from a U.S. Senate Finance Committee's list of non-profit organizations suspected of being involved in supporting international terrorism. Reuters yesterday reported on the new indictment.

6th Circuit OK's Ban On Student Using Religious Product In Class Project

In Curry v. Hensiner, (6th Cir., Jan. 16, 2008), the U.S. 6th Circuit Court of Appeals upheld an elementary school principal's decision to prevent a 5th grade student from selling religious-themed material as part of a Classroom City project in which students using faux school currency sold goods they had produced specifically for the event. Joel Curry, a student at the Handley School in Saginaw, Michigan, wanted to make Christmas tree ornaments in the shape of candy canes with an attached card explaining how candy canes can be seen as a symbol of Christianity. The school's principal said that Classroom City was considered instructional time and therefore use of cards with religious content was impermissible. Curry still received an "A" for the project and was given the opportunity to sell the candy canes in the school parking lot after school. The court concluded that because the principal's decision was driven by legitimate pedagogical concerns, Curry's constitutional rights were not abridged. The district court below had concluded that the principal had abridged Curry's freedom of speech, but enjoyed qualified immunity from liability because the precise contours of that right were not clearly established. (See prior posting.) [Thanks to How Appealing for the lead.]

Evangelist Charged For Preaching In Public Square On Halloween

Christian News Wire yesterday reported that a hearing is scheduled Jan. 23 in Salem, Massachusetts in connection with charges brought against Repent America leader Michael Marcavage. According to the Foundation for Moral Law which now represents Marcavage, the evangelist's megaphone was taken away and he was charged with violating Salem's noise ordinance for preaching in a public square in the city on Halloween night. He was also charged with disorderly conduct. FML leader Roy Moore said: "Instead of protecting his rights to free speech and freedom of religion, ... the Salem police decided to shut Mr. Marcavage up by unlawfully arresting and charging him. It seems that the days of 'witch hunts' are not over in Salem."

Court Says LDS Membership Does Not Require Recusal In Case Against BYU

In Raiser v. Brigham Young University, 2008 U.S. Dist. LEXIS 3048 (D UT, Jan. 15, 2008), a Utah federal district court rejected plaintiff's motion for recusal in a case against Brigham Young University. The court found no merit in plaintiff's contention that if the judge and the law clerk(s) assigned to the case are members of the Church of Jesus Christ of Latter Day Saints, they are inherently biased in favor of the LDS-owned university. This argument was based on plaintiff's claim that "LDS church teachings necessarily require members' unquestioning faithfulness to all things LDS, including BYU."

Suit Filed Over School's Treatment of Pro-Life Student Club

The Alliance Defense Fund announced Monday that it has filed suit on behalf of a California high school student against Campbell's Westmont High School challenging the school's refusal to give full recognition to a proposed student organization whose name would be "Live Action – Pro-Life Club". The complaint in P.A. v. Gordon, (ND CA, filed Jan. 14, 2008), alleges that plaintiff is an adherent of the Christian faith who desires to share her religious and political views with her classmates. It contends that the school's actions have violated plaintiff's rights under the 1st and 14th Amendments and the federal Equal Access Act. While the Club is permitted to meet on campus, it is denied equal access to the benefits provided to other student groups because of its controversial religious and political nature. In particular the Club is not permitted to use various school facilities to advertise its meetings and activities. Plaintiff has also filed a motion for preliminary injunction and a Memorandum in support (full text).

Pope Cancels Speech To Italian University After Protests By Scientists

In Italy yesterday, protests by scientists and students at Rome's La Sapienza University led Pope Benedict XVI to cancel his planned speech there. It would have been his first speech at a university. Yesterday's Globe and Mail reports that the protesters believe that the Pope is hostile to scientific thought and secular issues. They especially criticize a speech he made in 1990 defending the Church's historic persecution of Galileo because he argued that the Earth revolved around the sun. Prime Minister Romano Prodi criticized both the protesters and the decision to cancel the speech, saying the developments threatened freedom of speech. After the cancellation, the Vatican released the full text of the speech the Pope had planned to deliver. Here are excerpts:

... "La Sapienza" was once the pope's university, but today it is a secular university with that autonomy which, on the basis of its founding principles, has always been part of the nature of the university, which must always be exclusively bound to the authority of the truth. In its freedom from political and ecclesiastical authorities, the university finds its special role ....

In the face of an a-historical form of reason that seeks to construct itself in an exclusively a-historical rationality, the wisdom of humanity as such—the wisdom of the great religious traditions—should be viewed as a reality that cannot be cast with impunity into the trash bin of the history of ideas....

... [M]an’s journey can never be said to be over and the danger of falling into inhumanity is never just warded off as we can see in today’s history. The danger faced by the Western world ... is that mankind, given its great knowledge and power, might give up on the question of the truth.

DC High Schooler Disqualified From Track Meet Because of Muslim Dress

Yesterday's Washington Post reports that D.C. high school senior Juashaunna Kelly-- the fastest mile and two mile runner in DC this season-- was disqualified from the Montgomery Invitational indoor track and field meet because her attempt to comply with Muslim dress requirements was said to violate uniform rules for the national competition. Kelly was wearing a custom-made, one-piece blue and orange unitard with long sleeves and long legs. On top of the unitard, Kelly wore the same orange and blue T-shirt and shorts as her teammates. Meet director Tom Rogers said that Kelly needed to wear a plain T-shirt over her unitard and then wear her team uniform over that in order to meet the requirements of the National Federation of State High School Associations. [Thanks to Steve Jamar via Religionlaw for the lead.]

Jewish Groups Decry Anti-Obama E-Mails; Obama Criticizes Award To Farrakhan

Today's New York Times reports that leaders of nine national Jewish groups have released a letter decrying false and bigoted e-mails that are being distributed about Sen. Barack Obama's religious beliefs. The anonymous messages have been circulating for months, but apparently more recently have been particularly circulated to American Jews. Snopes.com reproduces one of the e-mails which falsely asserts that "Obama is taking great care to conceal the fact that he is a Muslim" and says that he attended a Wahabi school in Jakarta, Indonesia and that he used a copy of the Koran when he was sworn into the U.S. Senate. The open letter from the Jewish groups says in part: "These tactics attempt to drive a wedge between our community and a presidential candidate based on despicable and false attacks based on religion. We reject these efforts to manipulate members of our community into supporting or opposing candidates."

Meanwhile Sen. Obama posted on his website a statement taking issue with an award given to Nation of Islam leader Louis Farrakhan by Trumpet Newsmagazine, a publication of Obama's Trinity United Church of Christ in Chicago. Obama's statement said: "I decry racism and anti-Semitism in every form and strongly condemn the anti-Semitic statements made by Minister Farrakhan. I assume that Trumpet Magazine made its own decision to honor Farrakhan based on his efforts to rehabilitate ex-offenders, but it is not a decision with which I agree." [Thanks to Melissa Rogers for the lead.]

UPDATE: TPM reported on Saturday that 7 Jewish U.S. Senators have issued an Open Letter similarly condemning the anti-Obama e-mails. [Thanks again to Melissa Rogers.]

School's Showing of Religious-Themed Inspirational Film Draws Protest

Yesterday's Tuscaloosa, Alabama News reports that objections have been raised to the showing in high school classes in Tuscaloosa of the movie Facing the Giants. The film, made by the Sherwood Baptist Church in Albany, Georgia, is about a losing football team that begins to win after its players dedicate themselves to God. Americans United for Separation of Church and State (release) sent a letter (full text) contending that the showing of the film, which it says is aimed at proselytizing, violates the Establishment Clause. The film was shown to two Paul W. Bryant High School classes, but additional screenings were suspended, at least temporarily, after complaints were received.

8th Circuit Upholds Compensatory, Rejects Punitive, Damages In Title VII Case

In Sturgill v. United Parcel Service, Inc., (8th Cir., Jan. 15, 2008), the U.S. 8th Circuit Court of Appeals upheld an award of compensatory damages, but reversed an award of punitive damages, in a Title VII case in which a Seventh Day Adventist employee was fired by United Parcel Service for refusing to deliver the remaining packages in his truck after sundown on Friday. The Court found that it was not shown that UPS acted with malice or reckless indifference. The Court of Appeals agreed with the district court that a reasonable jury might find that UPS could have accommodated Sturgill's religious practice without violating its collective bargaining agreement and without undue hardship to business operations. The court held that the district court's jury instruction saying that reasonable accommodation must completely eliminate the employee's religious conflict was erroneous, but was not reversible error. The Morning News of Northwest Arkansas reports on the decision.

Legacy of Established Church Comes To An End In New Hampshire Town

Today's New Hampshire Union Leader carries the interesting story of Greenfield (NH) Congregational Covenant Church. In 1795, the townspeople of Greenfield built a single building to serve as a meeting place both for government affairs and for the church. That was at a time when the state still supported the church by paying the minister's salary from tax revenues. In the 1819, by passing the Toleration Act the state moved toward disestablishment, and the congregation took over paying the minister. (See Church's history.) However the church continued to be housed in Town Hall, with a new sanctuary being dedicated in 1852. In 1959, the church and the town entered a formal 50-year lease agreement for insurance purposes. In 2006, as the end of the lease's term approached, voters overwhelmingly supported extending the lease. However questions were raised about the propriety under the Establishment Clause of the town's giving below market rent to a church, especially when other groups were charged significantly higher fees to use Town Hall. The divisiveness of the debate over church-state concerns, as well as needed repairs and lack of handicap accessibility of Town Hall's second floor has led the church to purchase land and begin a capital campaign for a new building elsewhere.

Huckabee Says US Constitution Should Reflect "God's Standards"

Republican presidential hopeful Mike Huckabee has drawn sharp criticism from People for the American Way and the National Jewish Democratic Council over remarks he made during a stump speech on Monday in Warren, Michigan. As reported by the Carpetbagger Report and FirstRead, referring to his support for constitutional amendments banning abortion and defining marriage as between a man and a woman, Huckabee said:

I have opponents in this race who do not want to change the Constitution. But I believe it’s a lot easier to change the Constitution than it would be to change the word of the living god. And that’s what we need to do — is to amend the Constitution so it’s in God’s standards rather than try to change God’s standards so it lines up with some contemporary view of how we treat each other and how we treat the family.

Canadian Courthouse Excludes Sikh Witness Wearing Kirpan

CBC News reports that last Monday in Calgary, Alberta, a Sikh man who had been subpoenaed to testify as a witness to a fatal car accident was barred from entering the courthouse because he was wearing a kirpan. After going through airport-type screening, Tejinder Sidhu was told that he would need to leave his ceremonial dagger at security in order to enter the building. Sidhu, who refused, says his religious freedom protected under the Canadian Charter of Rights and Freedoms was infringed.

7th Circuit Denies En Banc Review In Indiana Legislative Prayer Case

Yesterday's Indianapolis Star reports that the U.S. 7th Circuit Court of Appeals has denied a petition for en banc review in Hinrichs v. Speaker of the House of Representatives of the Indiana General Assembly. (See prior posting.) In October, a 3-judge panel in the case, 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.

Trial Focuses On Amish Refusal To Use Lights and Triangle On Buggies

A Graves County, Kentucky District Court on Monday heard testimony in a case in which three Amish men were cited for not having flashing lights and an orange triangular symbol on their slow-moving buggies. The AP reports that Judge Deborah Crooks delayed issuing a decision in order to give attorneys time to submit post-trial legal memos in the case that pits safety laws against religious beliefs. The required triangular symbol is viewed as "worldly" by the Amish. During the trial, Defendant Jacob Gingerich said, "I have trust in God, not in a symbol."

Survey Shows Support For Religion In the Public Arena

Last week, Ellison Research released a poll of 1,007 American adults on church-state issues. Here is an excerpt from the release summarizing the results of the poll which asked respondents whether various practices should be legal:

• 90% feel the law should support religious groups renting public property ... for meetings if non-religious groups are allowed to do so.


• 89% say it should be legal for a public school teacher to permit a “moment of silence” for prayer or contemplation for all students during class time.


• 88% believe it should be legal for public school teachers to wear religious symbols ... during class time.


• 87% say voluntary student-led prayers at public school events ... should be legal.


• 83% believe the display of a nativity scene on city property ... should be legal.


• 79% say it should be legal to display a copy of the Ten Commandments inside a court building.
  
  Out of nine such scenarios presented to people in the study, only three do not show this level of unified thought:


• 60% believe the display of a scene honoring Islam on city property, such as a city hall, during Ramadan ... should be legal (even though 83% thought a nativity display should be legal).


• 52% believe it should be legal for a religious club in a high school or university to determine for itself who can be in their membership, even if certain types of people are excluded.


• 33% say it should be legal for a landlord to refuse to rent an apartment to a homosexual couple.

Baptist Press yesterday discussed the poll results more extensively.

Nevada Caucus Timing May Disenfranchise Observant Jews

Nevada's Republican and Democratic caucuses next Saturday pose a unique religious liberty problem for observant Jews in the state. Unlike primaries and general elections where voters can use absentee ballots, caucuses require voters to show up at set times. Those times conflict with the typical time for Jewish Sabbath morning services. Just Engage blog reported last week:

When I called the political parties in Nevada to inquire as to whether or not there were measures being taken to help accommodate those observant Jews who wished to participate in the caucuses, I received mixed results. A young Jewish woman at the Nevada Democratic Party told me that they had tried to put caucus-sites near religious neighborhoods and synagogues so that people could walk; precinct captains would be educated about the need to write down information on behalf of observant Jews instead of asking them to sign-in and write themselves. A gentleman at the Nevada Republican Party told me that the party was not even aware of the problem, but promised to make an effort to educate precinct captains on the issue. Neither had an adequate answer as to why the caucuses had to take place on a Shabbat morning.

The problem is more than theoretical in Nevada. The state, according to Just Engage, has a rapidly growing Jewish population estimated to total between 65,000 and 80,000.

Alberta Commission Begins Hearings On Publication of Muhammad Caricatures

In Canada on Friday, the Alberta Human Rights and Citizenship Commission began hearings on the publication of controversial Muhammad cartoons two years ago by the Western Standard. Syed Soharwardy, head of the Islamic Supreme Council of Canada, and the Edmonton Muslim Council filed the complaints. Western Standard publisher Ezra Levant was defiant. Friday's National Post quoted Levant, who said: "I don't need to be reasonable. I have maximum rights of free speech. I have the right to publish this for the most offensive reason, for the most unreasonable reasons." To emphasize his point, yesterday Levant republished the cartoons on his blog which also contains extensive details on the Commission hearings. Meanwhile yesterday's National Post also reported that Soharwardy now fears for his family's safety because of things written about him on Levant's blog. Here is a transcript of Levant's defiant opening remarks before the Human Rights Commission.

Right Wing Austrian Politician Makes Scathing Anti-Muslim Remarks

In Graz, Austria, the public prosecutor's office is looking at whether right wing politician Susanne Winter violated laws against promoting racial hatred by making virulent anti-Muslim remarks at a recent meeting of the Freedom Party of Austria. The Weiner Zeitung reported yesterday that Winter, who heads the FPO list for next Sunday's municipal election, would face up to two years in prison if convicted of violating the racial hatred laws.

White House Proclamation On Religious Freedom Day Issued From Saudi Arabia

The White House has again this year issued a Proclamation declaring January 16 as Religious Freedom Day, marking the anniversary Virginia's passage in 1796 of the Statute for Religious Freedom . Interestingly, the Proclamation was disseminated yesterday in a press release from Riyadh, Saudi Arabia where the President is traveling. The following language in the Proclamation may have been intended as commentary on restrictions imposed by the Saudis on religious liberty:

In an era during which an unprecedented number of nations have embraced individual freedom, we have also witnessed the stubborn endurance of religious repression. Religious freedom belongs not to any one nation, but to the world, and my Administration continues to support freedom of worship at home and abroad.

Justice Ginsburg Reflects On Role of Her Jewish Heritage

Today's Washington Post reports on remarks by Supreme Court Justice Ruth Bader Ginsburg last week on the role her Jewish heritage plays in her life. Speaking at a D.C. synagogue during a pre-screening of the PBS series on Jewish Americans, Ginsburg said she is not religiously observant, though she was raised in an observant household. She says her estrangement from religious observance came when as a teenager she was not counted toward a prayer "minyan" after the death of her mother. Ginsburg says that she and Justice Breyer are "are justices who happen to be Jews", instead of "Jewish justices". None of the anti-Semitism that faced the first Jewish justice, Louis Brandeis, surfaced during her appointment, she said.

New Dharma Stock Indexes Announced

Dow-Jones announced today that it is launching a new series of stock indexes-- the Dow Jones Dharma Index series. The new indexes are designed to measure the performance of stocks selected according to the values of Dharmic religions, especially Hinduism and Buddhism. Noting the growth of faith-based investing, Nitesh Gor, CEO of Dharma Investments which co-developed the indexes, said: "The Dow Jones Dharma Index brings together a combination of environmental, social, governance and traditional sin sector filters. As such, the Index is unique and will not just have appeal to the religious, but to a far broader audience as well."

Indigenous Group In Malaysia Sues Over Demolition of Church

The AP reports today that in the Malaysian state of Kelantan, the Temiar community has filed suit in the high court challenging the state's demolition of their church building. The government, controlled by the Pan Islamic Party, claims that the Christian church was built on state-owned land and that villagers ignored notices to stop construction. The indigenous tribe claims ownership of land on which they have lived for generations. They claim the government-- which has built a community hall to replace the church-- is discriminating against Christianity.

Israel's Knesset Skeptical of Cabinet Decision On Religious Affairs Ministry

In Israel, the government is having difficulty mustering enough support in the Knesset to get ratification of the Cabinet's vote last week to reestablish the Religious Affairs Ministry. Yesterday's Jerusalem Post reported that the government cancelled last Tuesday's scheduled Knesset vote when it became apparent it lacked a majority for the proposal. Critics are concerned that giving control of the Ministry to Shas MK Yitzhak Cohen might lead to hiring of religious officials by political affiliation instead of merit selection. Shas leaders in the Knesset say they think they can get a majority for the proposal in a vote today.

Another Opinion on Religion In the US Presidential Campaign

Today's Asia Times reprints an interesting piece by University of Colorado professor Ira Chernus on the changing use of religion in the U.S. presidential campaign. He says:

[I]n the better years of the previous century, candidates used religion mostly as an adjunct to the real meat of the political process, a tool to whip up support for policies. How times have changed. Think of it, perhaps, as a way to measure the powerful sense of unsettledness that has taken a firm hold on American society. Candidates increasingly keep their talk about religion separate from specific campaign issues. They promote faith as something important and valuable in and of itself in the election process. They invariably avow the deep roots of their religious faith and link it not with issues, but with certitude itself. Sometimes it seems that Democrats do this with even more grim regularity than Republicans....

So, when it comes to religion and politics, here's the most critical question: Should we turn the political arena into a stage to dramatize our quest for moral certainty?

USCIRF Says Bush Should Raise Religious Freedom Issues With Saudis

President George W. Bush, on a tour of the Middle East, today heads for Saudi Arabia. (BBC News.) In anticipation of Bush's visit, last week the U.S. Commission on International Religious Freedom issued a statement urging the President "to raise the critical issue of ongoing Saudi violations of the freedom of religion and other human rights when he meets with Saudi leaders." It called for Bush to seek the release of all religious prisoners in Saudi Arabia, including 17 Ismailis in Najran. The USCIRF statement decried the power given to religious police in Saudi Arabia and the impact on rights of women flowing from the government's strict enforcement of Islamic principles.

Recent Scholarly Articles of Interest

From SSRN:

• Ashlie C. Warnick, Employment Discrimination by Religious Schools Participating in Voucher Programs, (January 9, 2008).
  
• Patricia Salkin & Amy Lavine, The Genesis of RLUIPA and Federalism: Evaluating the Creation of a Federal Statutory Right and its Impact on Local Government, (January 3, 2008).

Huckabee Splitting Evangelical Political Support

David Kirkpatrick writes on the front page of today's New York Times that Mike Huckabee's candidacy is splitting the evangelical movement's political support, as the Michigan and South Carolina primaries approach. "Old guard" evangelical leaders are "wary of his populist approach to economic issues and his criticism of the Bush administration’s foreign policy." However younger, grass roots evangelicals are enthusiastic about Huckabee's emphasis on social justice issues. While the Huckabee campaign has not spent money in Michigan, conservative Christian activist Gary Glenn, from Midland, is leading an informal get-out-the-vote effort. Many young evangelicals are signing up for online meet-up groups, and volunteers are aiming their campaign at Michigan Catholics as well as evangelicals. Grass Roots efforts around the country are being coordinated through an unofficial website known as Huck's Army.com.

Opposition Surfaces To Protection of Sacred Native American Site

In his State of the State Message (full text) on Jan. 8, South Dakota Governor Michael Rounds called for the legislature to appropriate $250,000 to combine with other federal and private funds to purchase conservation easements on land around Bear Butte, a sacred site for Native Americans. However, according to today's Rapid City Journal, Meade County Commissioner Dayle Hammock opposes the easement plan, in part because it would improperly show government favoritism toward Native American religions. He is also concerned about using state funds to restrict private development. At a "legislative cracker barrel" yesterday, at least one state legislator said he would oppose the expenditure despite a plea from state Sen. Tom Katus to restrict development around the Butte in order to respect the spiritual values of Native Americans.

Florida Chabad Excluded From Shopping Plaza Wins RLUIPA Claim

A Florida federal district court ruled on Friday that Cooper City, Florida violated the Religious Land Use and Institutionalized Persons Act by excluding houses of worship from commercial areas. Yesterday's Florida Sun-Sentinel reports that the court ruled in favor of Chabad of Nova, holding that zoning rules permitting vocational schools, day care centers and movie theaters, but not religious congregations, in shopping plazas are discriminatory because they treat religious assemblies on less than equal terms with nonreligious assemblies. The city had argued in part that the term "public assembly" in RLUIPA is vague. City Commissioner Elliot Kleiman said: "The intent was never to discriminate against houses of worship but to make the best use of shopping areas for the public." Chabad, however, argued that the city was attempting to protect its tax base. (See prior related posting.) Still remaining to be decided are a number of othe counts in Chabad's complaint, including a request for an award of damages.

Many Georgia Schools Not Offering Courses In Bible As History and Literature

Today's Macon (GA) Telegraph reports that despite the Georgia State Board of Education's approval last year of courses in the Bible as history and literature (see prior posting), at least ten school systems in central Georgia are not offering the courses in their high schools. Their reasons are varied-- cost, scheduling problems, church-state concerns and problems in finding impartial teachers. A spokesperson for the Hancock County school system said: "We found that since many of our students have such a strong spiritual upbringing that is firmly grounded in Christianity, there was very little interest on the part of the students to take such a class."

Islamic Charity Officials Convicted of Lying In 501(c)(3) Application

A federal district court jury in Boston on Friday convicted three officers of Care International, a now defunct Islamic charity, on eleven counts of conspiracy to defraud the United States and conspiring to conceal material facts from the Internal Revenue Service. Yesterday's Worcester (MA) Telegram reports on the case. The government's indictment claimed that defendants withheld information about Care's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) The government also claimed that Care International was a successor to a group linked to the 1993 World Trade Center bombing.

Loud Bible Reading On Bus Violates System's Rules

Yesterday's Ft. Worth (TX) Star-Telegram reports on a Dec. 29 incident on the Ft. Worth bus system. Christine Lutz, a Seventh-day Adventist, was asked to get off the bus after she disrupted passengers by reading the Bible loudly to her children. Lutz ignored the request and rode to her destination. In a letter to the Ft. Worth Transportation Authority, Liberty Legal Institute has asked the Authority to distribute a policy letter to employees making it clear that passengers are permitted to read the Bible in a normal conversational voice. The Authority has posted an explanation on its website, stating: "It was not what she was reading, it was the very loud and disruptive volume" that led to the bus driver calling a supervisor to enforce the rule against loud and disruptive behavior.

School Attorney Nixes Biblical Verse On Graduation Announcements

In Finn Rock, Oregon, the school district's attorney has told Mc­Kenzie High School students that they may not adopt a Biblical verse to use on official graduation announcements. Saturday's Eugene (OR) Register-Guard reports that students wanted to use a verse from Isaiah that had been read at a funeral of a classmate last summer. Even though the students modified Isaiah 40:31 to delete explicit references to God, school attorney Bruce Zagar advised the school district that both the state and federal constitutions "prevent any public entity from taking any action which establishes, sponsors, supports or otherwise condones a particular religion or religious belief." McKenzie Superintendent Sally Storm told students that it would be more appropriate to use the verse at a privately sponsored baccalaureate service. Students say the modified verse: "They that believe shall mount up with wings as eagles", would have been particularly appropriate because the school's sports teams are know as the Eagles.

New Documentary on Faith In Politics Opens Next Week

On Tuesday, a new documentary on the role of faith in politics, produced by Living Biography Media, opens in selected theaters and becomes available on DVD (press release). The move, Article VI, is the result of two years' work by director Bryan Hall who traveled the country talking with people about the topic. More information is available at the movie's website.

DC Circuit Holds RFRA Inapplicable To Non-Resident Aliens In Gitmo Case

In Rasul v. Myers, (DC Cir., Jan. 11, 2008), two of the three judges ruling on a suit brought by a group of former Guantanamo detainees, held that the Religious Freedom Restoration Act does not protect the religious exercise rights of non-resident aliens. The majority held that non-resident aliens are not "persons" as that term is used in RFRA-- an interpretation which the majority says is consistent with the interpretation of "person" in the 4th and 5th Amendments. Judge Brown disagreed with the holding that non-resident aliens are not "persons", but she concurred in the dismissal of plaintiffs' religious abuse claims finding that Congress intended to provide a cause of action only for individuals whose religious exercise is protected by the First Amendment. The Baltimore Sun, the Miami Herald and the AP all reported on the case which had been brought by four released British prisoners who claim torture and religious abuse while they were held at Guantanamo. (See prior posting on district court's decision in the case.)

Court Bars Deportation of Christian Facing Torture In Egypt

In Khouzam v. Hogan, (MD PA, Jan. 10, 2008), a Pennsylvania federal district court barred the government from deporting an Egyptian national who had previously been tortured by Egyptian law enforcement officials because of his Coptic Christian religious beliefs. Sameh Khouzam is charged by Egyptian officials with murder. The district court held that it is not enough that U.S. authorities have diplomatic assurances from Egypt that Khouzam will not be tortured if returned there. The Convention Against Torture, as implemented by the Foreign Affairs Reform and Restructuring Act, prohibits extraditing a person to a country where there are substantial grounds for believing he would be subjected to torture. The Due Process Clause requires a review of the diplomatic assurances by an impartial adjudicator. The ACLU yesterday issued a release praising the decision.

Appeal Filed By Muslim Police Officer Seeking To Wear Khimar

An appeal has been filed in Webb v. City of Philadelphia, a case in which a Pennsylvania federal district court rejected a Title VII religious discrimination claim brought by a Muslim police officer who wanted to cover her head for religious reasons with a khimar. (See prior posting.) Today's Philadelphia Daily News reports that the appeal has been filed and is now backed by several organizations, including the ACLU. The Philadelphia police department argues that the khimar violates its uniform requirements and could interfere with job performance.

Watchdog Group Asks IRS To Investigate Funding of Texas Restoration Project

The Texas Freedom Nework has written the IRS (full text of letter) asking it to investigate whether the Niemoller Foundation, a 501(c)(3) organization, engaged in improper partisan political activity in 2005. In a press release yesterday, TFN said that the Foundation spent $1.26 million to fund the activities of the Texas Restoration Project. The Texas Restoration Project hosted thousands of pastors and their spouses at six "Pastors’ Policy Briefings", during which Governor Rick Perry, then seeking reelection, spoke. TFN charges that "speakers and organizers were enthusiastic in their praise for Gov. Perry at each of the events. They also encouraged pastors at the gatherings to mount voter registration drives and turn congregants out at the polls. The group's ostensible goal was to win voter approval in November 2005 for a state constitutional amendment barring same-sex marriage and civil unions. Those efforts, however, appear to have masked a sophisticated voter identification and mobilization strategy intended to benefit the Perry campaign in 2006..." Yesterday's Dallas News reports on developments and denials by the governor's office of any improper conduct.

European Muslims Sign Charter Pledging Respect For Civil Law

In Brussels yesterday, representatives of 400 Islamic organizations in Europe signed a European Muslims' Charter of Values that had been drafted by the Federation of Islamic Organisations in Europe. KUNA and AKI report on developments. The 26-point document emphasizes that "Muslims of Europe respect the laws of the land and the authorities that uphold them and as European citizens Muslims of Europe consider it their duty to work for the common good of society."

Commons Passes Criminal Justice Bill; Debates Hate Speech and Blasphemy

On Wednesday in Britain's House of Commons the Criminal Justice and Immigration Bill went through its Third Reading after members dealt with two different amendments relating to the expression of religious views. According to Catholic Online today, the government defeated an attempt to amend the ban on incitement to hatred of homosexuals. The amendment was drafted by arms of the Catholic Bishops' Conference and the Church of England which feared that the ban could lead to police harassment of religious leaders who criticize homosexual behavior. However Maria Eagle, undersecretary of state for justice, assured Parliament that "proper guidance and training" would prevent overzealous policing.

Meanwhile, as previously reported, inserting a provision to repeal of Britain's blasphemy laws was postponed pending the government's consultation with the Church of England. While the Church of England is open to the idea of repeal (Guardian, Jan. 10), Britain's Evangelical Alliance is more skeptical, calling for broader consultations. Friday's Christian Today quotes Dr. Don Horrocks, Head of Public Affairs at the Evangelical Alliance: "When Parliament prioritises the abolition of legislation it is not a neutral act. It sends out a signal to society about what values it considers to be important. In this case the message suggests that there is no longer a place for respect for the sacred in society."

Recent Prisoner Free Exercise Cases

In Sandeford v. Plummer, 2007 U.S. Dist. LEXIS 95403 (ND CA, Dec. 21, 2007), a California federal district judge found that a Muslim inmate raised free exercise claims regarding failure to furnish an Islamic diet, restrictions on his Islamic dress, access to religious services and impairment of his holy day celebrations. However the court dismiss the claims with leave to amend to name each defendant who violated his rights. The court took similar action as to plaintiff's equal protection claim regarding wearing of his Kufi head covering.

In Amaker v. Goord, 2007 U.S. Dist. LEXIS 92824 (WD NY, Dec. 18, 2007), a New York federal district judge accepted a magistrate's report and recommendations in two related cases. In Attica prison, a correction officer had removed several Nation of Islam members from religious instruction and told them "to either change their religion or cut their hair" because "only Rastafarian[s] could wear dreadlock[s]." The magistrate recommended that defendants be enjoined from barring plaintiffs from NOI services and classes and from punishing plaintiffs for refusing to cut their hair or change their religious affiliation. The two decisions from the federal magistrate judge are Amaker v. Goord, 2007 U.S. Dist. LEXIS 95373 (March 9, 2007) and Fluellen v. Goord, 2007 U.S. Dist. LEXIS 95374 (March 12, 2007).

Ingram v. Craven, 2008 U.S. Dist. LEXIS 1377 (D ID, Jan. 8, 2008) involves a damage claim by a former inmate objecting to a recommendation that he be denied parole because of his refusal to participate in a religious-based AA/NA substance abuse program. After finding some of the defendants had absolute immunity, an Idaho federal district judge ordered the claim against one remaining defendant to be taken to mediation.

Colorado County Settles RLUIPA Suit, Permits Church To Build

Yesterday's Aspen (CO) Times reports on the settlement of a RLUIPA lawsuit by Pitkin, Colorado County Commissioners. The settlement will allow Grace Church of the Roaring Fork Valley to build a new facility on an 18.5 acre parcel in Emma, Colorado, subject to limits on future expansion. Attorneys will now negotiate damages for the construction delay.

Court Strikes Down Gideon Bible Distribution In Elementary School

Yesterday in Roark v. South Iron R-1 School District, (ED MO, Jan. 8, 2008), a Missouri federal district court held that a Missouri school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. Both an earlier policy that permitted distribution in the classroom, and a subsequent policy that limited distribution to the cafeteria and in front of administrative offices, were undertaken for the purpose of promoting Christianity and have the effect of endorsing religion to impressionable elementary school students. Banning distribution does not constitute impermissible viewpoint discrimination. The court left open for future determination the claim that the practice also violates the Missouri state constitution. The AP reported yesterday that Liberty Counsel, representing the school board, said an appeal would be filed. The 8th Circuit has already upheld the district court's grant of a preliminary injunction in the case. (See prior posting.)

Bush To Visit Christian Holy Sites During Mideast Trip

AFP yesterday reported that during his current trip to Israel and the Palestinian territories, President Bush will visit a number of Christian holy sites. Today he will travel to Bethlehem. Jesus' birthplace. On Friday he will fly to the Sea of Galilee where Jesus delivered many of his sermons, will visit the ruins of Capernaum, the village where Jesus later lived, and Mount of the Beatitudes, where Jesus likely delivered his Sermon on the Mount. In addition to visiting Christian sites, Bush will tour Yad Vashem, the Holocaust Museum in Jerusalem, an obligatory stop for every visiting head of state. The White House website features an ongoing log on the trip by Press Secretary Dana Perino.

1st Circuit Sides With Army Doctor In Her Conscientious Objector Claim

In Hanna v. Secretary of the Army, (1st Cir., Jan. 9, 2008), the U.S. 1st Circuit Court of Appeals in a 2-1 decision held that the Army's Conscientious Objector Review Board had no basis in fact for denying conscientious objector status to Army doctor, Captain Mary Hanna. It rejected the Army's reliance on the timing of Hanna's claim and its argument that Hanna’s beliefs were not gained through rigorous training, study or contemplation. Chief Judge Boudin, dissenting, argued that pacifism is not a belief of Hanna's Coptic Church, that her position could not easily be described as reflecting rigorous study, and that the timing of her application could be considered as a factor. The majority's decision affirmed last year's decision by a Massachusetts federal district court. (See prior posting.) Today's Boston Globe reports on the 1st Circuit decision. [Thanks to How Appealing for the lead.]

Voter ID Oral Argument Includes Exchange On Religious Objectors

In yesterday's oral arguments (full transcript) in the U.S. Supreme Court in Crawford v. Marion County Board of Elections-- a challenge to Indiana's voter identification law-- the following exchange took place between Justice Scalia and Paul Smith arguing on behalf of petitioners:

JUSTICE SCALIA: ... In this case you're claiming there's a problem for people who, for religious reasons, don't want to have their photograph taken. Do we know that if that's the reason that they assert, I can't get the photograph, the State will say you can't vote?

MR. SMITH: I must be misunderstanding. We have every reason to think that they will let them vote. The only problem with that exemption, like the indigency exception, is that it's kind of gratuitively burdensome in that you have to go down to the county seat to vote every time; you can't vote in your polling place because you have to fill out this affidavit every time you vote.

The added burden on Amish, Mennonites and others in the state who have religious objections to being photographed for an ID card was discussed more fully in Petitioner's brief as well as in an amicus brief filed by the League of Women Voters. (See prior posting.)

Indiana Senate Moves To Non-Sectarian Opening Prayer

Facing threats of a lawsuit, Indiana' Senate on Tuesday switched to a non-sectarian opening prayer. Yesterday's Indianapolis Star reports that the ACLU, which had previously sued the Indiana House to challenge its sectarian opening prayers, had threatened a similar suit against the Senate after it opened with an overtly Christian prayer in November. (See prior related posting.)

NJ Civil Rights Division Refuses To End Probe of Pavilion Barring Civil Unions

According to yesterday's Bridgewater (NJ) Courier News and today's Asbury Park Press, the New Jersey Division on Civil Rights (DCR) has denied a motion filed by the Ocean Grove Camp Meeting Association to dismiss complaints filed against it by two lesbian couples. The DCR is investigating the Camp Meeting Association's refusal to permit civil unions at its Boardwalk Pavilion. A central issue is whether Camp Meeting Association is a religious organization that is exempt from the public accommodation provisions of New Jersey's Law Against Discrimination. (See AG Formal Opinion No. 1-2007). The ACLU of New Jersey representing complainants argues that the Association is separate from its parent organization, the United Methodist Church. Even though the New Jersey Supreme Court ruled in 1979 that the Association is a religious organization, DCR is looking into whether its status has subsequently changed. (See prior related posting.)

8th Circuit Denies En Banc Review of Decision on Faith-Based Prison Program

The Quad City Times reports that yesterday the U.S. 8th Circuit Court of Appeals denied en banc review in Americans United For Separation of Church and State v. Prison Fellowship Ministries. Last month, a 3-judge panel concluded that a state funded faith-based rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.)

Compromise Reached On Repeal of British Blasphemy Laws

In Britain's House of Commons yesterday, Liberal Democratic MP Evan Harris withdrew his proposed Criminal Justice bill amendment that would have abolished Britain's blasphemy laws after Justice Minister Maria Eagle promised a compromise. The government will consult with the Church of England, and subject to those discussions the government will propose amendments to abolish the offences of blasphemy and blasphemous libel when the bill reaches the House of Lords. BBC News yesterday and The Guardian today report on these developments, and Ekklesia has further background on efforts to repeal the laws. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

Russia Reasserts Control Over Orthodox Cathedral In France

Last spring, a 1917 split between the Orthodox Church in Russia and congregations outside Russia was largely healed as leaders of the Church Abroad reconciled with the Church in Russia. However some Orthodox congregations in Europe and the United States have refused to go along with the reconciliation. (See prior posting.) In France, Russian authorities are taking steps reassert control over the dissident congregations. Today's New York Times reports that lawyers for the Russian government have obtained a court order from a French court permitting them to proceed with an inventory of the building and contents of the Russian Orthodox Cathedral of St. Nicholas in Nice. Russian diplomats in Paris say the church was leased by Czar Nicholas II to the archbishop of St. Petersburg, and that the 99-year lease expired on Dec. 31, 2007. So, they say, the property should revert to the Russian state.