Canadian Judge Upholds Undercover Officer's Disguise As Religious Advisor

Canada's National Post yesterday carried a long article about a police sting operation in which an undercover agent disguised himself as a religious spiritual advisor in order to obtain an incriminating confession from a suspect. The article claims this is the first case of its kind in the Western world. At issue is a Brampton, Ontario police operation investigating a series of gang shootings in which an agent pretended to be an Obeah shaman, empowered with magic. The undercover agent obtained the confidence of the mother of one of the suspects, and at meetings with her and her son, he obtained confessions leading to charges against the son for being the getaway driver and giving a gun to the shooter in a murder.

In the defendant's trial in the Ontario Superior Court of Justice, Justice Terrence O'Connor agreed that Obeah is a religious belief system protected under the Canadian Charter of Rights and Freedoms. He also agreed that the undercover agent interfered with defendant Evol Robinson's religious practices. However he concluded that Robinson was not constrained or coerced in his religious practice because the interference was insubstantial. He was not prevented from worshiping or expressing himself spiritually. Further, O'Connor ruled, given the pressing concern about violent gun crimes, society's benefit from the sting operation outweighs the interference with religion.

Recent Prisoner Free Exercise Cases

In Pressley v. Beard, (3d Cir., Feb. 26, 2008), the U.S. 3rd Circuit Court of Appeals affirmed a district court decision rejecting plaintiff prisoner's claim that his free exercise rights were violated when prison officials confiscated his hard-bound Koran, prayer rug, and kufi.

In Scott v. Sisto, 2008 U.S. Dist. LEXIS 13349 (ED CA, Feb. 8, 2008), a California federal district court permitted a Muslim prisoner to proceed with free exercise and RLUIPA challenges to prison policy that limits him to a vegetarian diet and does not offer Halal food. Plaintiff alleges that under Islamic law, Muslims are not permitted to be vegetarians. Plaintiff's equal protection and due process claims were rejected.

In Strope v. Cummings, 2008 U.S. Dist. LEXIS 13682 (D KA, Feb. 22, 2008), a Kansas federal district court dismissed a claim by a prisoner that his Free Exercise rights and his rights under RLUIPA were violated when a prison guard interrupted him two or three times while he was kneeling and praying in his cell, asking him whether he was all right. The court noted that plaintiff may proceed on a number of other claims, including interference with religious call-out times and spoiled kosher food.

In Christiansen v. Walker, 2008 U.S. Dist. LEXIS 14147 (SD IL, Feb. 26, 2008), an Illinois federal district judge adopted a magistrate's recommendations that a default judgment be entered against one of the defendants charged with infringing plaintiff prisoner's free exercise of religion. Plaintiff claimed he was not served a vegetarian diet, was not given adequate time and space for prayer and was forced to attend Christian religious programs. The court ordered the magistrate judge to conduct a hearing on damages. (See prior related posting.)

In Low v. Stanton, 2008 U.S. Dist. LEXIS 14491 (ED CA, Feb. 26, 2008), plaintiff complained that while he was a pre-trial detainee, jail officials refused to furnish him a copy of the Quran in Arabic, offering him instead only an English translation. The jail furnishes Arabic versions (that are more expensive) only to inmates who are fluent in Arabic. In this decision, a California federal magistrate judge recommended granting summary judgment to defendants on plaintiff's Establishment Clause and equal protection claims, but permitting plaintiff to proceed on his Free Exercise and RLUIPA claims.

In Walls v. Schriro, 2008 U.S. Dist. LEXIS 14539 (D AZ, Feb. 26, 2008), a Hare Krishna prisoner alleged that his rights under the First Amendment and RLUIPA were being violated when he was denied a proper religious diet, a religious hairstyle, religious services and visitations. An Arizona federal district court granted defendants' motion for summary judgment on the claim regarding religious visits and services. It also held that defendants had qualified immunity from damage claims under RLUIPA as to plaintiff's other allegations. However the court permitted plaintiff to move ahead with his other claims.

In Whitfield v. Lawrence Correctional Center, 2008 U.S. Dist. LEXIS 14945 (SD IL, Feb. 27, 2008), an "African Hebrew Israelite" prisoner claimed he was denied religious services and programs and adequate meals that comply with his religious beliefs. He also argued that African Hebrew Israelites receive an insufficient share of religious programming funds. Finally he alleges he was forced to receive a "T.B. shot" while he was observing the Sabbath. An Illinois federal district court permitted plaintiff to move ahead with ten of his 13 claims.

In Oakes v. Green, 2008 U.S. Dist. LEXIS 15106 (ED KY, Feb. 27, 2008), a Kentucky federal district court rejected an inmate's First Amendment and RLUIPA challenges to prison grooming regulations.

ACLU Sues Louisiana School Board Challenging ADF's Model Prayer Policy

The ACLU of Louisiana announced yesterday that for the seventh time it has filed a lawsuit against Tangipahoa Parish School Board and its members, this time challenging the Board's policy on opening school board meetings with prayer. The federal court complaint (full text) challenges under the Establishment Clause the Board's policy which invites clergy in local congregations, on a first-come first-served basis, to lead an opening prayer before the formal opening of the Board meeting. An ACLU challenge to the Board's earlier prayer policy was dismissed by the 5th Circuit Court of Appeals on standing grounds because there was no evidence in the record that plaintiffs ever attended a school board meeting where a prayer was recited. (See prior posting.) Plaintiff in the new case is a taxpayer, voter, father of two children enrolled in the local schools, and attends board meetings.

The AP yesterday reporting on the lawsuit said that the complaint "describes three board meetings at which ministers from different Christian denominations made Christian prayers. It also says [plaintiff's] wife asked ... if she could give an invocation, but was told that was reserved for ministers of congregations or police or fire department chaplains — and that being "nondenominational" would also bar her...."

This suit may have more than local significance as the policy being challenged is a Model Prayer Policy that the Alliance Defense Fund has recommended to school boards and city councils around the country. (ADF release.)

Columnist Urges Stronger Obama Reaction To Claims He Is Muslim

Naomi Klein, writing in today's Guardian, criticizes Barack Obama for an insufficient response to campaign tactics that suggest he is a Muslim. In an op-ed titled It's No Slur To Be Called a Muslim, she says:

What is disturbing about the campaign's response is that it leaves unchallenged the disgraceful and racist premise behind the entire "Muslim smear": that being Muslim is de facto a source of shame.... Substitute another faith or ethnicity, and you'd expect a very different response....

As the most visible target of this rising racism, Obama has the power to be more than its victim. He can use the attacks to begin the very process of global repair that is the most seductive promise of his campaign. The next time he's asked about his alleged Muslimness, Obama can respond not just by clarifying the facts but by turning the tables. He can state that while a liaison with a pharmaceutical lobbyist may be worthy of scandalised exposure, being a Muslim is not.

Gay Pride Protesters Convicted of Disorderly Conduct

A City Judge in Elmira, New York has rejected First Amendment defenses and found four anti-gay demonstrators guilty of disorderly conduct. Each was fined $95 and assessed $100 in court costs. Today's Elmira Star-Gazette reports that the charges grew out of protests at a Gay Pride Festival. The four--wearing red T-shirts with the slogans "Liberated from Sin" and "By the Blood of Jesus"-- were arrested after laying down on the lawn in front of a stage. In his closing argument, Assistant District Attorney Robert Siglin argued that the case is not about religious freedom, but about public order.

EEOC Sues Nursing Home On Behalf of Sikh Woman Ordered To Remove Kirpan

The Sacramento Bee reports that last Thursday the Equal Employment Opportunity Commission filed a federal lawsuit against a Sacramento nursing home for refusing to accommodate the religious beliefs of a Sikh employee. The nursing home, owned by ManorCare Health Services, insisted that Baljit Kaur Bhandal remove her kirpan while at work, or lose her job. Bhandal wears the sheathed ceremonial knife under her clothing.

Canadian Court Refuses To Order Breakaway Churches To Host Loyalists

In February, eleven Canadian Anglican parishes voted to separate from the Anglican Church of Canada and join together instead in the Anglican Network in Canada. The breakaway congregations object to the ACC's liberalizing positions on issues such as homosexuality. The Anglican Journal today reports on the first court decision flowing from the split. In Hamilton, Ontario, the question of who owns the property of three breakaway parishes is pending before a Superior Court judge. (CBC News.) Last Sunday, these breakaway congregations voluntarily permitted clergy representing the "loyalist" faction to hold their own services in the church building for their followers. However, when the loyalists invited supporters from surrounding parishes to attend the services, the breakaway congregations cried foul and refused to extend the arrangement for the next two weeks until the court rules on the property issue. The loyalists asked the court to order the arrangement extended, but Justice James Ramsay refused to do so.

Wife of Russia's Likely Next President Presses Religious Ties

In the U.S. presidential elections, the religious views of the candidates have often assumed importance. In Russia, according to Sunday's London Telegraph, the religious views of the leading presidential candidate's wife are important. Svetlana Medvedev, wife of Dmitry Medvedev who is likely to be elected to succeed Vladimir Putinin the country's elections on Sunday, is credited with drawing her husband into the Orthodox Church. The Church has endorsed Medvedev's candidacy. Svetlana Medvedev currently is the head of a Church board that is pushing to reintroduce religion into Russian schools.

California College Says Quaker Teacher May Not Sign Amended Loyalty Oath

California requires teachers to sign an oath swearing or affirming that they will support and defend the federal and state constitutions against all enemies, foreign and domestic. The San Francisco Chronicle reported on Friday that California State University East Bay has fired a graduate student who was employed part-time to teach remedial math because she would not sign the oath without modifying it to reflect her pacifist Quaker views. Citing a 1968 California appellate decision, Smith v. County Engineer, the University took the position that graduate student Marianne Kearney-Brown could not amend the oath. The University said she could sign it, and then place a separate note in her personnel file explaining her views. Kearney-Brown, however, declined that option. [Thanks to Joel Sogol via Religionlaw for the lead.]

High School Suspends Students For Wearing Crucifxes; Seen As Gang Symbol

The AP reported on Friday that an Albany, Oregon high school suspended two teenagers for refusing to remove crucifixes that they say were gifts from their mothers. Apparently high schools in this part of Oregon have been dealing with crucifixes and rosaries as gang symbols. South Albany High School principal Chris Equinoa says he has authority to ask a student to remove an item that may indicate gang membership, even if it is also a religious symbol. Equinoa said that he would only do this based on other information as well.

7th Circuit Upholds Dismissal of FLSA Claim On Basis of Ministerial Exception

In Schleicher v. Salvation Army, (7th Cir., Feb. 28, 2008), the U.S. 7th Circuit Court of Appeals, in an opinion by Judge Posner, applied the "ministerial exception" doctrine to dismiss a suit brought under the Fair Labor Standards Act by two ordained Salvation Army ministers. Plaintiffs, who administered one of the Salvation Army's Adult Rehabilitation Centers, were provided basic needs allowances less than the FLSA's prescribed minimum wage. While the FLSA applies to religious organizations when they engage in ordinary commercial activities, the court held that here clergy were engaged in ecclesiastical administration of a church. They were not merely commercial employees of thrift shops which were a part of the Rehabilitation Center program. The court held that plaintiffs' claim should be dismissed not for lack of jurisdiction (as the lower court had held), but because defendants were entitled to summary judgment on the merits. [Thanks to How Appealing for the lead.]

[Corrected & Revised]-- Kosovo's Orthodox Albanian Minority Says Draft Constitution Infringes Their Religious Rights

Ethnic Albanians are the majority in newly-independent Kosovo. Most of them are Muslim. About 3% are Roman Catholic. Some 5% to 6% of Kosovars are Serbs, and they are generally members of the Serbian Orthodox Church. (Background.) However, apparently there are a small number of Albanians in Kosovo who are (or wish to be) members of the Orthodox Church of Albania. An analysis published Thursday by the New Kosova Report argues that the recently released Draft Constitution of the Republic of Kosovo denies freedom of religion and belief to Kosovo's Albanian Orthodox minority.

While Article 58 provides that "the Republic of Kosovo shall promote the preservation of the cultural and religious heritage of all communities," the report argues that "any Albanian wishing to worship as Orthodox will be forced to define themself as Serb." It reaches this conclusion because Article 143 of the Draft Constitution provides: "The Constitution of the Republic of Kosovo shall be interpreted in compliance with the Comprehensive Proposal for Kosovo Status Settlement, dated 26 March 2007. If there are contradictions between the provisions of this Constitution and the provisions of the status settlement, the latter shall prevail." The referenced Comprehensive Proposal (full text), also known as the Ahtisaari Plan, defines the Orthodox Church in Kosovo as the Serbian Orthodox Church. (Annex V).

Colorado Catholic Conference Does Not Support Personhood Amendment

This November, Colorado voters will cast ballots on a proposed Human Life Amendment to the Colorado Constitution. (Background.) Yesterday's Denver Post reported that the state's Catholic Conference believes that Colorado For Equal Rights, the sponsor of the Amendment, has misrepresented the views of the state's Catholic bishops regarding the Amendment. In a statement issued yesterday, the Catholic Conference said: "No broad-based coalition of Catholic leaders has voiced support for Colorado’s Personhood Amendment. We commend the goal of this effort to end abortion. Individual Catholics may certainly choose to work for its passage. At the same time, we recognize that other people committed to the sanctity of life have raised serious questions about this specific amendment’s timing and content. We encourage any and all efforts to eliminate or reduce attacks on the unborn, but we do not believe that this year’s Colorado Personhood Amendment is the best means to pursue this issue at this time." An article in last December's Chicago Tribune outlines the concerns of many anti-abortion strategists about the approach of granting personhood to embryos.

The proposed amendment would define "person" for purposes of Art. II, Secs. 3, 6 and 25 of the state Constitution (inalienable rights, equality of justice and due process clauses) as "including any human being from the moment of fertilization". If passed, it would presumably create substantial hurdles to in vitro fertilization practices in which some of the fertilized eggs are not implanted, as well as to some methods of contraception. This Amendment's protection of access to the courts once eggs are fertilized apparently creates the possibility of lawsuits brought on behalf of a fetus prior to birth.

Arkansas Supreme Court Hears Arguments In Buddhist Temple Election Dispute

The Arkansas Supreme Court on Thursday heard oral arguments in a case challenging an election of board members at a Buddhist Temple in Fort Smith (AK). The Northwest Arkansas Morning News reports on the appeal of a state circuit court's decision ordering an election and deciding who was a voting member of Wat Buddha Samakitham. James Dunn, attorney for the defendants, argued that it was unconsitutional for the trial court to decide who is a member of a religious organization. Brian Meadors, attorney for the plaintiffs, countered that the trial court did not become involved in ecclesiastical matters. He said the court merely interpreted the Temple's bylaw provision defining requirements for membership.

Cuba Signs International Covenant on Civil and Political Rights

The AP reports that yesterday Cuba signed two important international human rights treaties-- the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights. The Civil and Political Rights document protects the right to freedom of thought, conscience and religion.

Air Force Academy Invites New Speakers After Controversial Anti-Muslim Forum

Earlier this month, three controversial speakers (known as the "3-X Terrorists") appeared at the U.S. Air Force Academy at a forum on "Dismantling Terrorism" organized by the school's political science department. As described by Inter Press Service: "To supporters, the 3-X represent 'moderate' voices; they are self-professed Muslim extremists who converted to evangelical Christianity and are now exposing Islam for what it really is. To critics, they are frauds, accused of fabricating much of their past exploits as mass murderers in order to peddle their Islamophobia on the lecture circuit and on cable news networks..."

Yesterday the San Diego Union-Tribune reported that three speakers with different viewpoints have now been invited after the Academy received complaints that the earlier forum had unfairly condemned all Muslims. Mikey Weinstein, head of the Military Religious Freedom Foundation, former U.S. ambassador to Niger Joe Wilson and Islamic expert Reza Aslan, a research associate at the University of Southern California's Center on Public Diplomacy will speak to cadets on April 9.

Suit Challenges Christian Prayers At NY Town Board Meetings

Americans United announced yesterday that it has filed suit in a New York federal district court against the town of Greece, N.Y., and its supervisor, John Auberger. The suit, filed on behalf of two local residents, challenges on Establishment clause grounds the Town Board's practice of opening its meetings with prayers that have overwhelmingly been overtly Christian in content. The complaint (full text) in Galloway v. Town of Greece, (WD NY, filed 2/28/2008), contends that "By sponsoring persistently sectarian ... prayers, the Town Board has publicly aligned itself with a single faith. ... [It] sends the message to non-Christians that they are unwelcome at Board meetings and that the Board does not represent non-Christians' concerns."

Competing Bible Study Groups In California Capitol

Yesterday's Sacramento Bee carries a story about rather nasty competition between two separate Bible study groups for California lawmakers. At the center of the controversy is former UCLA basketball player Ralph Drollinger who now, as an evangelical chaplain for Capitol Ministries, teaches a Legislators' Bible Study. As Drollinger explains it in a blog posting, several years ago two disgruntled participants started a competing group that uses a "share-your-thoughts" format, instead of one that involves a lecture by the group leader. Drollinger writes:

The fellowship group makes everyone feel okay, no matter what spiritual direction they are coming from. They are made to feel okay about their rejection of salvation in Christ alone. It is apparent too that these lost (spiritually speaking) legislators have been made to feel superior to me in their progressive religious tolerance.... Although they are pleasant men in their personal demeanor, their group is more than disgusting to our Lord and Savior. What the fellowship group offers is Jesus of Nazareth, a good moral teacher who loves everyone without distinction. This is a deadly lie. There is no true fellowship without first being reconciled to God (i.e. repentance from sin and faith in God through the work of Jesus Christ the Messiah).

Assemblyman Rick Keene, who sponsors the competing group, says that both he and Drollinger think they are doing the right thing. Sen. Darrell Steinberg, who will serve as Senate president pro tem next year, was less charitable, calling Drollinger's statements "offensive," "intolerant," "troubling" and "deplorable." [Thanks to Scott Mange for the lead.]

Bush Appoints Envoy To Organization of the Islamic Conference

President Bush announced yesterday that he is appointing businessman Sada Cumber as Presidential Envoy to the Organization of the Islamic Conference. Bush said that Cumber's mission "is to explain to the Islamic world that America is a friend -- is a friend of freedom, is a friend of peace, that we value religion -- that, matter of fact, we value it to the point where we believe that anybody should be able to worship the way they see fit, and we respect that."

Arizona House Panel Approves Bill To Protect Student Religious Expression

On Wednesday, the Arizona House Education Committee narrowly approved, and sent on to the full House of Representatives, HB 2713, a bill that would prohibit public schools from discriminating against students on the basis of their religious belief or expression. It permits students to engage in prayer and religious activity on an equal basis with other activities, but does not permit the school to require participation in religious activities. It includes provisions prohibiting banning of religious attire and jewelry when similar secular items are permitted and another section that prohibits discrimination for or against a student in grading coursework in which the student expresses a religious viewpoint or religious content. Yesterday's Yuma Sun and the Oklahoman both reported on the bill. One of the issues discussed during committee debate was whether teachers could grade down a student who applies Biblical notions of creationism in answering test questions. Rep. Doug Clark said it depends on how the question is asked. A teacher could legitimately ask students to answer a question "based on the theories and science taught in class".

Suit Claims Headscarf Amendments To Turkish Constitution Are Impermissible

An interesting Constitutional challenge was filed in Turkey's Constitutional Court on Tuesday, according to Today's Zaman. Article 4 of Turkey's Constitution makes the document's first three articles unamendable. 112 opposition deputies signed a nearly 50-page petition claiming that recent Constitutional amendments lifting the country's ban on wearing of headscarves at universities are inconsistent with unamendable Article 2. That article provides: "The Republic of Turkey is a democratic, secular and social state governed by the rule of law ... and based on the fundamental tenets set forth in the Preamble." The Preamble in turn provides: "as required by the principle of secularism, there shall be no interference whatsoever by sacred religious feelings in state affairs and politics".

Meanwhile, 12 nongovernmental organizations in Erzurum said they will file a criminal complaint against Atatürk University Rector Yaşar Sütbeyaz who continues to ban headscarves at his school.

UPDATE: AFP reported on Friday that only 7 out of more than 100 universities in Turkey have complied with the new provisions permitting headscarves. Turkey's ruling party called for legal action against University rectors who have not complied.

Suit Challenging Georgia City's Demonstration Ordinance Settled

Yesterday, a Georgia federal district court approved a settlement in Baumann v. City of Cumming, Georgia, (ND GA, Feb. 27, 2008), a suit brought by Frederic Baumann who was arrested for handing out Christian gospel tracts in front of the Cumming Fairgrounds. The court previously issued a preliminary injunction barring the city from enforcing its parade and demonstration ordinance. (See prior posting.) The city then rescinded the challenged ordinance. In the settlement, plaintiff was awarded an undisclosed amount of damages and attorneys' fees. Alliance Defense Fund yesterday announced the settlement.

Advocacy Group Criticizes Use Of Religion In Presidential Primaries

The Interfaith Alliance yesterday released its list of the top ten incidents involving the misuse of religion for political purposes in the 2007-08 Presidential primaries. It has also posted a video of its picks titled "Top Ten Moments In the Race for Pastor-In-Chief". Topping the Alliance's list is Mike Huckabee's statement that: "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."

IRS Opens Investigation of Obama Speech To United Church of Christ Meeting

The Internal Revenue Service has opened an investigation into Barack Obama's June 2007 speech (full text) to the United Church of Christ's General Synod. (See prior related posting.) In a news article posted online by the UCC yesterday, the Church said that it had taken "great care to ensure that Senator Obama's appearance before the 50th anniversary General Synod met appropriate legal and moral standards." The IRS letter to the Church (full text) said that, in addition to the speech, the IRS was concerned about reports that 40 Obama campaign volunteers were staffing tables outside the Hartford Convention Center where the General Synod was taking place. The Internal Revenue Code precludes tax-exempt non-profit organizations like the UCC from participating in candidates' political campaigns. Today's Cleveland Plain Dealer reports that Obama, who is a long-time member of the United Church of Christ, was invited to address the General Synod before he announced his candidacy for President of the United States.

A number of people have expressed puzzlement at the IRS's move. Rev. Barry W. Lynn, executive director of Americans United for Separation of Church and State said his organization did not file a complaint with the IRS over Obama's speech because it "saw no evidence of UCC officials seeking to appear to endorse his candidacy." Writing in the Washington Post, Rev. Susan Brooks Thistlewaite said: "There is true irony in the IRS investigating the UCC for the presentation of a speech that may go down in history as one of the most profound articulations of how we as Americans live into transcendent meaning and purpose through our free, democratic institutions." Also Blog from the Capital and Melissa Rogers both discuss the IRS's investigation of the UCC.

USCIRF Urges Liberalization Of Religious Freedom By Cuba

Today's Christian Post reports that the U.S. Commission on International Religious Freedom has issued a statement (full text) urging the new Cuban government of Raul Castro to change past policies and grant greater religious freedom and other human rights to Cuba's citizens. Cuba has been on USCIRF's Watch List of countries whose treatment of religion requires close monitoring. (See prior posting.)

Refusal Of Athlete's Acommodation Request Ultimately Benefits Player

Today's Palm Beach Post reports on a case with an unusual twist in which a high school athlete sought to obtain accommodation of her religious beliefs in the scheduling of state tournament competitions. Orthodox Jewish girl's basketball player, Bassie Orzechowitz, unsuccessfully petitioned the Florida High School Athletic Association to move its Queen of the Hill three-point competition a few hours later so she could compete after sundown on Saturday. (Palm Beach Post, 2/23). Failing to get accommodations, Orzechowitz decided not to compete. On Saturday--the day of the competition-- Orzechowitz developed stomach pains and, it turns out, needed an emergency appendectomy. Doctors said that had she competed, her appendix might have ruptured while she was on the court. Orzechowitz's mother attributed her daughter's observance of the Sabbath as saving her from a more serious health situation.

Argentine Nominee For Ambassador To Vatican Withdraws

Alberto Iribarne, recently named by Argentina as its ambassador to the Holy See, has decided not to accept the post after objections from the Vatican. CNA reported yesterday that the appointment created problems because the Vatican, in accepting an ambassador, insists that if the individual is Catholic, he or she must not be "in a state of canonical irregularity". Iribarne's remarriage after being divorced precludes him from receiving communion. Some Catholics in Argentina also have objected to Iribarne's appointment because, as former Justice Minister, he signed an anti-discrimination law that pro-life groups said would promote abortion and homosexuality and would change Church-state relations.

FLDS Warren Jeffs To Be Arraigned In Arizona Today

Warren Jeffs, former leader of the polygamous FLDS Church, will be arraigned in Arizona today on charges growing out of his activities in arranging the marriages of two teenage girls to older men. Jeffs has already been convicted in Utah of being an accomplice to rape in a case involving one of the same marriages that are issue in the Arizona prosecution. He is charged in Arizona with being an accomplice to incest and sexual contact with a minor. The AP reports that Jeffs will plead not guilty and seek a change of venue.

Delaware Religion In School Case Settled

Jews on First reported yesterday that a settlement has been reached in Dobrich v. Indian River School District, a long-running lawsuit by two Jewish families against a school district in southeast Delaware. (Text of the Feb. 21 order approving settlement.) The suit alleged that the schools unconstitutionally fostered Christianity and forced religion on children. The settlement requires the school district to adopt policies to prevent teachers and other employees from promoting religion. They include a set of "real-world" examples illustrating how the policies will operate. All district personnel are required to read the new policies and sign a statement indicating they have done so. An undisclosed settlement amount will be paid by the school district's insurer. The settlement permits plaintiffs to continue their litigation over the school board's policy of opening its meetings with prayer. Portions of the settlement agreement and the identity of one of the plaintiff families will remain confidential. The Jews on First report includes excerpts from an interview with the mother of that family. (See prior related postings.)

Televangelists Continue To React To Sen. Grassley's Investigation

This week saw two developments in the attempts by Senator Chuck Grassley to probe the financial affairs of six "prosperity gospel" ministries. (See prior posting.) Benny Hinn of World Healing Center Church became the third minister to respond to Grassley's inquiries. (Tampa Tribune.) However, televangelist Kenneth Copeland sent a letter to his supporters accusing Grassley of attempting to tear down the wall between church and state. According to today's Des Moines Register, the letter said in part: "The enemy is not going to steal what the Lord has won through this ministry, and he is not going to use this attack to bring harm to the rest of the churches and ministries in America." Grassley's office is dissatisfied with the responses that Copeland submitted to their inquiries last December.

Clinton-Obama Debate Includes Discussion of Anti-Semitism

The debate between Sens. Clinton and Obama in Cleveland last night (full transcript) for the first time focused on the issue of anti-Semitism (beginning here in the transcript). Moderator Tim Russert asked Sen. Obama whether he accepts the recently announced endorsement by Nation of Islam leader Louis Farrakhan who once called Judaism a "gutter religion". In a lengthy exchange, Obama said: "I have been very clear in my denunciation of Minister Farrakhan's anti-Semitic comments." Obama pointed to strong support from the Jewish community and added that "what I want to do is rebuild what I consider to be a historic relationship between the African-American community and the Jewish community." Sen. Clinton responded that Obama should not just "denounce" Farrakhan's remarks, but should "reject" his support, citing a parallel situation in her 2000 campaign for the Senate. Obama responded: "There's no formal offer of help from Minister Farrakhan that would involve me rejecting it. But if the word 'reject' Senator Clinton feels is stronger than the word 'denounce,' then I'm happy to concede the point, and I would reject and denounce."

Israeli Court Imposes Fine For Violating Law On Sabbath Employment

In Israel, according to a report in today's Haaretz, a Beersheva Regional Labor Court has fined a store owner for employing Jewish employees on the Sabbath and Jewish holidays. The owner of the store "Melekh HaJungle" had argued that he had no way of knowing the employees' religion since it did not appear on their identity cards. He said most of the store's employees are of Russian descent which makes it difficult to determine their religion.

EU Criticizes Iran's Proposed Penal Code Provisions On Religion

Reuters reports today that the European Union has called on Iran to drop provisions in its proposed Penal Code that would impose the death penalty for apostasy, heresy and witchcraft. In a statement, EU's presidency said that the proposed law violates Iran's obligations under international human rights conventions. (See prior related posting.)

White House Issues Report on Faith-Based Initiative

Yesterday, the White House Office of Faith-Based and Community Initiatives issued a comprehensive report titled The Quiet Revolution: The President's Faith-Based and Community Initiative: A Seven-Year Progress Report. Here is a link to the Fact Sheet on the report. Here are links to other portions of the Report: Letter From President Bush; Executive Summary ; Chapter 1: A Determined Attack On Need; Chapter 2: Transforming Government; Chapter 3: Strengthening the Private Sector; Chapter 4: Measurement Matters; Chapter 5: Taking Root Across America ; The President's Faith-Based and Community Initiative in 50 States: A Report to the Nation's Governors. [Thanks to Blog from the Capital for the lead.]

Iowa Ends Controversial Faith-Based Prison Program

Iowa officials have notified Prison Fellowship Ministires that its faith-based InnerChange program will be ended in Iowa prisons in mid-March. Sunday's Des Moines Register reported that under the state's contract with the program, the state can teminiate it if enrollment falls belaow 60 inmates. That will happen when 27 prisoners graduate from the program on March 14. Last year the U.S. 8th Circuit Court of Appeals ruled that the program could no longer be run on government funding. Since then it has been funded privately, but the state ended new enrollments by prisoners in the program.

Australian Sikhs Protest Two Incidents

Sikhs in Australia are expresseing concern over discrimination after two unrelated incidents, according to today's Daily India. In one case a Sikh family has filed a complaint with Queensland's Anti-Discrimination Commission saying that the exclusive Ormiston College had refused to admit their 12-year old son because his long hair and turban would violate the school's uniform policy. (Brisbane Times). In the other case, Brisbane airport security officials required 13 Sikhs to remove their turbans and a Muslim woman to remove her face veil.

Court Rejects Free Exercise Challenge To Abortion Picketing Law

In Brown v. City of Pittsburgh, 2008 U.S. Dist. LEXIS 13463 (WD PA, Feb. 22, 2008), a Pennsylvania federal district court refused to grant a preliminary injunction against enforcing Pittsburgh's ordinance limiting picketing, demonstations and handbilling near abortion clinics. Among the arguments rejected by the court was the claim that the ordinance infringes the free exercise rights and the rights under the Pennsylvania Religious Freedom Act of plaintiff who wishes to engage in sidewalk counseling and leafleting near three reproductive health clinics.

Watchdog Group Challenges Congressional Earmarks On Establishment Clause Grounds

Yesterday, Americans United sent a letter (full text) to the Attorney General and to three other cabinet secretaries calling attention to a number of Congressional earmarks for fiscal year 2008 that raise church-state concerns. According to AU's press release, the letter identifies ten grants to religious groups that appear to violate the Establishment Clause and 16 others that merit further investigation.

Women in Turkey Test New University Headscarf Rules

In Turkey, yesterday was the first day of classes since the country's president, Abdullah Gul, signed into law a constitutional amendment permitting the wearing of headscarves at universities. However, the administration had ordered that only headscarves tied in a bow under the chin could be worn. Yesterday's Washington Post reported on the experience of women students testing whether universities would comply with the new rules. BBC News reported that some univerisities were refusing to permit headscarves as Turkey's main opposition party says it will ask the Constitutional Court to invalidate the new provisions. (See prior related posting.)

Michigan City To Consider New Invocation Guidelines

City Council in Port Huron, Michigan today plans to consider a written policy that would permit the invocation at its meetings to be led only by a minister from a recognized church in the community. Sunday's Port Huron Times Herald reported that the proposal was initiated after Khalil "Casey" Chaudry, an atheist, was refused permission to lead the invocation on the grounds that he wanted to use the time for a protest. Chaudry then used public speaking time to suggest that Council's unwritten policies be formalized. The proposed new policy will also limit any individual minister to three invocations per year, and will call for inviting ministers from all churches in the yellow pages to deliver the opening prayer. Also the invocation will be removed from the formal agenda and will instead be offered before the meeting is called to order. Finallly the mayor will no longer tell those wishing to participate to stand and bow their heads. [Thanks to Scott Mange for the lead.]

Pakistan Blocks YouTube Access Over Anti-Islamic Content

Monday's Guardian reports that Pakistan's Telecommunications Authority has blocked Internet access to YouTube because of anti-Islamic film clips posted on the site. Apparently the move was triggered by the posting of a trailer for an upcoming film by Dutch politician Geert Wilders. (See prior posting.) The government said it is also blocking access to websites carrying objectionable Danish cartoons of the Prophet Muhammad.

UPDATE: Technical errors in blocking access to YouTube led to a loss of access for up to two hours on Sunday to the wesite for two-thirds of the world's Internet users-- particularly those in Asia. CBN News reported on Monday that the unintended extension of the ban outside of Pakistan resulted from an international data carrier in Hong Kong routing traffic to YouTube through Pakistan.

Recent Prisoner Free Excercise Cases

In Smith v. Kyler, 2008 U.S. Dist. LEXIS 12586 (MD PA, Feb. 20, 2008), a Pennsylvania federal district court rejected the claims of a Rastafarian prisoner that his free exercise and equal protection rights, as well as his rights under RLUIPA, were violated by authorities' refusal to provide weekly group prayer services led by a Rastafarian prayer leader.

In Lane-El v. Indiana Department of Corrections, 2008 U.S. Dist. LEXIS 13192 (SD IN, Feb. 20, 2008), an Indiana federal district court rejected plaintiffs' claims that their free exercise and equal protection rights, as well as their rights under the Indiana constitution, were violated when the Assistant Superintendent at Pendleton Correctional Instituiton temporarily suspended religious activities of the Moorish Science Temple of America. The suspension was ordered so that officials could investigate claims that inmates were being charged money to have their names placed on the list of those who could attend Moorish Science services.

In Odom v. Dixion, 2008 U.S. Dist. LEXIS 11748, (WD NY, Feb. 15, 2008), a New York federal magistrate judge dismissed, for failure to demonstrate proof, claims by a prisoner that his constitutional rights were violated by the denial of properly prepared kosher meals.

In Scott v. High Desert State Prison, 2008 U.S. Dist. LEXIS 12170, (ED CA, February 6, 2008), a California federal magistrate judge dismissed, with leave to amend, a prisoner's RLUIPA complaint that was too vague for the court to determine whether or not it was frivolous. Plaintiff, a member of the House of Yahweh, alleged that religious vendors were not approved and prison chaplains were ordered to deprive him of his right to religious activities.

In Bridgewater v. Scribner, 2008 U.S. Dist. LEXIS 12264 (ED CA, Feb. 6, 2008), a California federal magistrate judge permitted a Muslim prisoner to continue with his claim that his free exercise rights were violated when was prevented from attending a festival to commemorate one of the five holy pillars of Islam. However, plaintiff was required to file an amended complaint if he wished to proceed as to certain of the defendants.

Public Officials Criticize NC Schools' Requirement For Speakers

The Wake County, North Carolina schools have irritated a number of public officials by instituting a new policy requiring all guest speakers at schools to sign a form promising they will not denigrating any culture, race, gender, national origin or religion, that they will provide accurate information, and acknowledging that appropriate attire, language and behavior are required. The new policy was implemented after problems with an invited speaker last year at Raleigh's Enloe High School who called Islam a religion of violence. Today's Raleigh News Observer and Myrtle Beach Sun News report that Wake County Sheriff Donnie Harrison and Apex Mayor Keith Weatherly say it is insulting to ask public officials to sign this kind of statement before they are permitted to speak.

Bulgarian Government Proposes New Religion Courses In Schools

In Bulgaria, the Ministry of Education has proposed introducing new courses in religion in the country's schools. AFP reported yesterday that the proposed courses would cover the basic history and beliefs of the world's different religions. Courses would be mandatory in elementary schools and would be electives for students in secondary schools. Education Miniser Daniel Valtchev said that the proposal would be implemented only if there is "aminimum of consensus". Yesterday's Sofia Echo reports on the mixed reactions of various religious leaders in the country. [Thanks to Scott Mange for the lead.]

9-11 Families Argue Free Exercise In Claim For Access To Debris

A hearing was held on Friday in federal district court in New York City in a suit by family members of 9-11 victims who want to be able to sift through 1.8 million tons of landfill debris at Fresh Kills landfill to search for human remains that may still be there in the Ground Zero material that was dumped at the landfill. Today's New York Times reports that, among other things, the families argued that their free exercise of religion is infringed by their being denied the right to give their loved ones a proper burial. Federal Judge Alvin K. Hellerstein suggested that victims' families should instead settle for a memorial at the landfill site.

Report Says Anti-Semitism At UC Irvine Is Real

Yesterday's Los Angeles Jewish Journal reported on last week's release of a Task Force Report on Anti-Semitism at the University of California Irvine (full text of Report). The Task Force, formed by the Hillel Foundation of Orange County, was set up in December 2006. It has created its own blog to report on developments in its investigation. The 34-page report concluded:

The acts of anti-Semitism are real and well documented. Jewish students have been harassed. Hate speech has been unrelenting. For one week each year, UCI, a Public University has been turned into a vehicle to promote historical distortions, partially through the use of hateful anti-Semitic symbolisms, while the administration has remained silent or when pressed, issued generalizations about hate speech that does not name the hate speakers. This leads to the impression that there is equivalent hate speech from the Jewish students when there is not. Furthermore, such hate speech and gross distortions have an effect on non-Jewish students as well. These students can easily be led to accept the anti-Semitic and anti-Zionist conclusions portrayed by the Muslim Student Union and the invited hate speakers.

A press release by the Task Force further outlines its conclusions and recommendations. Students agree that the situation today is less volatile that it was two years ago.

University Student Senate Prayer Questioned

A controversy over a new variation on legislative prayer is brewing at Texas A&M University. The Battalion, the student newpaper, has carried a series of letters debating the practice of opening Student Senate meetings with a prayer (as well as a pledge of allegiance to the U.S. flag and the Texas flag). An article by a graduate student published last Tuesday objects to the practice. Responses to the article were published on Wednesday and today.

Muslim Student Groups Debate Membership Restrictions

Yesterday's New York Times reports on the debate in Muslim student organizations at colleges and universities over memership restrictions. At issue is how strictly they enforce gender separation at their events or require members to adhere to strict practices required by Islamic law. Organizations at private colleges tend to be more liberal, but those at state colleges tend to attract Muslim students from local families who are conservative and want their children to remain closer to home. [Thanks to Alliance Alert for the lead.]

Italian Judge Sentenced For Refusing To Work While Crucifix Is In His Courtroom

In a long-running legal proceeding, Italian Judge Luigi Tosti yesterday was sentenced to one year in prison for refusing to hear cases in his courtroom so long as a crucifix remains on display on the wall. AFP reported on the court's decision. Tosti, who is Jewish, says that courtrooms in Italy should be religiously neutral-- despite a 1926 Justice Ministry directive requiring crosses to be displayed. (See prior posting.)

Texas Sect Leader Released After Bond Is Reduced

In Baird, Texas, 73-year old House of Yahweh founder Yisrayl Bill Hawkins was released from jail on Wednesday after State District Judge John Wilson Weeks reduced his bond from $10 million to $100,000.The AP reports that Hawkins is charged on four counts of promoting bigamy among members of his religious sect.

Amish Fined For Refusing To Put Reflectors or Lights On Buggies

In Mayfield, Kentucky yesterday, Graves County District Judge Deborah Crooks found three Amish men guilty of failing to put flashing lights or reflective orange triangles on their horse-drawn buggies. The AP reports that the defendants were convicted despite their contention that the state's requirements for slow-moving vehicles conflict with their religious beliefs. Each defendant was fined $20 plus court costs.

NY Archdiocese Campaigns Against Reproductive Health Law

The Catholic Archdiocese of New York has launched a campaign to oppose Governor Eliot Spitzer proposed Reproductive Health and Privacy Protection Act. The Act would create a fundamental right for women to choose or refuse contraception or abortion (before viability or for health reasons). Supporters of the law say it is designed to assure that abortion remains legal in New York even should the U.S. Supreme Court overturn Roe v. Wade. Opponents say it goes further than that. A report by Catholic News Agency yesterday says that Catholics are particularly concerned about a provision barring the state from discriminating against abortion rights in the regulation or provision of benefits, facilities, services, or information. The Archdiocese is concerned about the impact of that provision on granting of licenses to Catholic agencies. It would like an explicit exemption in the law for institutions owned or operated by religious organizations. The bill's sponsors say an existing "conscience clause" in state law would protect Catholic hospitals and agencies.

Native Hawaiian Group Sues Army Over Access To Religious Sites

In Hawaii, a group representing Native Hawaiians filed suit yesterday against the U.S. Army to enforce compliance with a 2001 settlement that was supposed to open up over 100 sacred religious sites on the Makua Military Reservation on Oahu. ENS and the Honolulu Advertiser report on the federal lawsuit filed by Earthjustice (press release) on behalf of Malama Makua. The suit alleges that in 2005 the Army cut off access to all but one of the over a dozen cultural sites that had originally been opened, citing concerns about unexploded ordnance. The lawsuit asks the court to order the Army to move more quickly to implement the 2001 settlement that arose out of a challenge to the failure to prepare an environmental impact statement. Sparky Rodrigues, Malama Makua president, said: "To connect with our ancestors, 'aumakua [family gods] and akua [gods], we have to be able to walk up to cultural sites, oli [chant] and present ho'okupu [offerings]." The Army says it provided access to two more sites on Feb. 10 after making sure they were cleared of unexploded shells.

NFL Reverses Position on Church Super Bowl Parties

Today's Washington Post reports that the NFL has reversed its prior stand and will no longer object to churches hosting Super Bowl parties featuring large-screen TVs. Earlier, the League said that these showing violated federal copyright law. (See prior posting.) However, in a Feb. 19 letter to Sen. Orrin Hatch, NFL Commissioner Roger Goodell said that starting next year, the league will not object to "live showings -- regardless of screen size -- of the Super Bowl" by religious organizations as long as the showings are free and are on premises that the church uses on a "routine and customary" basis. Sen Arlen Specter had already introduced legislation that would have changed the copyright law to permit churches to show televised football games. (See prior posting.)

Jordan Expels A Number Of Foreign Evangelical Christians

The Jerusalem Post and Earth Times yesterday reported that Jordan's Foreign Minister Nasser Judeh for the first time has officially acknowledged that Jordan has expelled a number of foreign evangelical Christians who enterd the country under the "pretext" of carrying out charitable work, but instead engaged in preaching activities. Jordan's Council of Churches, however, issued a statement supporting the government and criticizing the foregn missonaries. It said in part: "It is puzzling that certain small groups with a few hundred members and which are foreign to Christians in Jordan and to the history of Muslim-Christian relations, permit themselves to speak in the name of Christians and act as protectors of Christianity as if it were in danger." Jordanian law requires government approval of religious activities, whether by Christians or Muslims.

School Board Debates Religious Absence Procedure

In Lynchburg, Virginia, the City School Board is debating a suggestion by its attorney for a "simplified" process to be used to request an excused absence for a student on religious grounds. Tuesday's Lynchburg News & Advance reports that the proposal would require a written statement explaining how religious beliefs conflict with the child's attendance, signed by both parents, and by the child if he or she is older than 14. In addition parents would be required to submit a written statement from "a friend and/or member of the clergy corroborating" religious beliefs. Finally both the parents and the child, if older than 14, would be required to sign a "Statement of Belief" form. School board member Darin Gerdes said the proposed simplification of the exemption proces is "a lawsuit waiting to happen". The Board has asked its attorney to revise the proposal before the Board's March 4 meeting. [Thanks to Blog from the Capital for the lead.]

Turkish Parliament Passes Bill Returning Properties To Religious Foundations

On Wednesday, Turkey's Parliament by a vote of 242-72 approved a law to allow foundations belonging to the Christian and Jewish communities to reclaim property seized by the government around 1974, so long as it is still owned by the government and has not been transfered to third parties. The International Herald Tribune reports that the law was enacted in response to pressure from the European Union. The law also allows Muslim foundations to receive aid from foreign countries. A similar foundations bill was approved in November 2006, but it was vetoed by then Turkish president Ahmet Necdet Sezer. (See prior posting.) This time, President Abdullah Gul is expected to sign the measure.

Supreme Court Denies Review In Two Cases of Interest

The U.S. Supreme Court denied review yesterday (order list) in two cases of interest. It denied certiorari in Archdiocese of Washington v. Moersen, (Case No. 07-323). The Maryland court of Appeals below had held that a Catholic church organist could pursue a Title VII employment discrimination claim, finding that his job position was not covered by the "ministerial exception" to Title VII. (See prior posting.)

The Court also denied a petition for a writ of mandamus and/or prohibition in In re Westboro Baptist Church, Inc., (Case No. 07-626). The unusual petition to the Court was filed by the anti-gay Westboro Baptist Church and its leaders. They were seeking to overturn a $10.9 million federal jury verdict awarded to the father of a deceased Marine whose funeral was picketed by Westboro members. (See prior posting.) Apparently the damage award has not deterred Westboro members. Yesterday's Arlington Heights (IL) Daily Herald reported that three members of the church showed up to picket two different funerals for victims of last week's shooting at Northern Illinois University. [Thanks to Steve Sheinberg for the lead.]

Florida Adopts New Science Standards Calling For Teaching of Evolution

The Florida State Board of Education yesterday, by a vote of 4-3, adopted new standards for the teaching of science which, for the first time, explicitly refer to evolution, instead of to vaguer terms such as "change over time". (South Florida Sun Sentinel; Miami Herald). Board member Donna Callaway was unable to muster a second for her motion to add an "academic freedom" provision that would have given teachers the explicit permission to engage students in a critical analysis of the evidence on evolution. (NCSE release.) The new standards say evolution is "the fundamental concept underlying all of biology and is supported by multiple forms of scientific evidence." However, in a concession to religious proponents, the phrase "the scientific theory of" was added before references to evolution, big bang, plate tectonics, cells, atoms, and electromagnetism. The phrase "the law of" was added before mentions of gravity, universal gravitation, conservation of energy and conservation of mass. (Summary of adopted changes.) Brandon Haught, communications director for Florida Citizens for Science, praised the new standards, even with the changes, saying: "They're light years ahead of what's been used in the state." (See prior related posting.)

British Tribunal Rules Church Organist Is Protected By Employment Rights Act

Today's London Times reports that an employment tribunal in the North of England has held that a church organist is an "employee" protected from unfair dismissal by the Employement Rights Act of 1996. A tribunal order prohibits identifying the organist or the church involved in the case. The status of organists employed by the Church of England has been unclear. Mark Mansell, a British employment law attorney, said: "there is a movement away from treating people who work for the Church as people with a calling and towards treating them as a member of staff." A hearing will now be held on whether the dismissal of the eminent organist and choirmaster who filed the lawsuit was for a permissible reason.

Students' Rights To Wear Religious Attire Debated In Mauritius

The right of students to wear religious attire has now become an issue in the African island nation of Mauritius. L'express today reports on the case of a 15-year old Muslim student who was expelled several weeks ago from Eastern College in Flacq for wearing her "tious" (traditional trousers) under her school uniform. Yesterday the country's Muslim Women’s Council held a press conference to protest the school's action.

Saudi Religious Police Defend Arrest of Businesswoman

In Saudi Arabia, the Commission for the Promotion of Virtue and the Prevention of Vice has posted an unusal statement on the Internet defending the arrest of a U.S. businesswoman living with her husband in Saudi Arabia. Today's London Times reports that the woman, identified only as Yara, is a managing partner in a finance company in Riyadh. She was arrested earlier this month as she was having coffee with a male colleague (a Syrian financial analyst) at a Starbucks. She claims she was strip searched and made to place her fingerprints on a confession in Arabic that she could not understand. (Muslim News, Feb. 10.) These allegations are denied by the religious police.

In their posting, the religious police said: "It's not allowed for any woman to travel alone and sit with a strange man and talk and laugh and drink coffee together like they are married. All of these are against the law.... First, for a woman to work with men is against the law and against religion. Second, the family sections at coffee shops and restaurants are meant for families and close relatives." The religious police say they will sue two newspaper columnists who defended Yara. The Mutaween say the columnists are spreading lies that give the wrong idea of Saudi Arabia.

Oklahoma City Settles Suit Over Christmas Decorations Policy

City Council in Oklahoma City voted yesterday to approve a settlement in a lawsuit that was filed last year by two city employees who challenged the city's policy on religious Christmas decorations in work areas and its policy on use of the employee break room for reading the Bible. (See prior posting.) Under the settlement, according to yesterday's Oklahoman, the city will clarify its rules on religious decorations, the city manager will make a public statement, and the city will pay plaintiffs' attorneys fees.

Belarus Decree Imposes New Limits On Foreign Religious Workers

Forum 18 today reports that in Belarus, the Council of Ministers last month issued a new decree (full text in Russian) giving the Plenipotentiary for Religious and Ethnic Affairs complete discretion to refuse-- without giving reasons-- a visa for the travel of invited foreign religious workers to the country. The decree creates a more detailed application procedure for visits, and permits the government to shorten the time for which a worker is invited to that necessary for achieving the purpose of the visit. The Religion Law already allows only registered religious associations to invite workers. The new rules will have their greatest impact on the Catholic and Jewish communities in Belarus. Meanwhile, a petition with over 50,000 signatures is about to be presented to officials asking for liberalization of the country's 2002 Law on Religion.

As Castro Resigns, His Relationship With Catholic Church Is Profiled

As Cuban leader Fidel Castro last night announced that he is retiring, Catholic News Service reviews his "often stormy relationship" with Cuba's Catholic Church. Catholics initially supported the Jesuit-educated Castro's revolution. However in the 1960's, Castro nationalized 350 Catholic schools and expelled 136 priests. Churches were limited to holding religious services on church property and social action projects were banned. Cubans were discouraged from attending church and those who did were discriminated against in state and university employment. In the 1970's, though, Castro cultivated relationships with non-Cuban Marxist Catholic intellectuals. In the late 1990's Castro's relations with the Church improved as Castro met with Pope John Paul in the Vatican and the Pope visited Cuba.

Battle Over Charitable Choice Language Looming In Senate

Today's Washington Times reports that a behind-the-scenes battle is shaping up over the charitable choice provisions in the Substance Abuse and Mental Health Services Administration Act. Groups that are part of the Coalition Against Religious Discrimination want language removed that allows religious groups receiving funds under the Act to limit their hiring to members of their own faith. A coalition of religious groups is attempting to have the language retained in the reauthorization so they can continue to favor members of their own faith when hiring for federally-funded substance abuse programs. (SAMHSA Charitable Choice Regulations.) The charitable choice language was first placed in SAMHSA near the end of the Clinton administration. Some say that removing the language from SAMHSA would be a first step toward eliminating similar provisions from various other federal programs as well.

Hudsonville, MI Resident Wants God Removed From City's Website

Hudsonville, Michigan's official website sets out the following as part of city government's Mission Statement: "The City Commission and Administration of the City of Hudsonville strive to serve God through the strengthening of family and community life and are committed to excellence in providing quality municipal services." According to an AP story yesterday, the Freedom from Religion Foundation, acting on behalf of a Hudsonville resident, has asked the city to remove the reference to God. The city's mayor has no comment until he talks with the city's lawyers.

UPDATE: WZZM13 reported on Feb. 25 that Hudsonville Mayor Don VanDoeselaar said that the city will not change its mission statement. He said that the city is on solid legal ground. [Thanks to Steve Sheinberg for the lead.]

Honolulu Drops Land Use Charges Against Church

In Honolulu, Hawaii, The Ark Christian Center has reached an agreement with the city and county that will result in dismissal of a citation against the church. A press release by the Alliance Defense Fund explained that officials threatened to enforce a zoning rule against the church without citing other nonreligious groups that were also in violation. At issue is a provision prohibiting "meeting facilities" from locating within 1,000 feet of one another in light industrial zones. ADF attorneys represented the church in the negotiations that led to the agreement permitting The Ark to finish out its current lease.

Church of England Faces New Pressures Toward Disestablishment

The influential British magazine, The Economist, last week called for disestablishing the Church of England. In an editorial titled Sever Them, it says in part:

England has an established church whose authority has been intertwined with the state's for five centuries.... The queen is its head; Parliament approves its prayer book; and only last year did the prime minister relinquish the right to select its bishops, 25 of whom sit in the House of Lords.... It makes no sense in a pluralistic society to give one church special status. Nor does it make sense, in a largely secular country, to give special status to all faiths. The point of democracies is that the public arena is open to all groups—religious, humanist or football fans. The quality of the argument, not the quality of the access to power, is what matters. And citizens, not theocrats, choose.... Disestablishing the Church of England does not mean that it has no public role to play.... Let religion compete in the marketplace for ideas, not seek shelter behind special privileges.

Spero News carries an article commenting upon The Economist editorial. Meanwhile Sunday's London Telegraph reported that senior bishops in the Church of England fear that last year's decision (referred to by The Economist) giving the General Synod of the Church more power in selecting bishops could lead to disestablishment. Prime Minister Gordon Brown agreed to give up the government's role in the selection of bishops. Traditionally the Prime Minister would choose between two names presented to him by the Church's Crown Nominations Commission. A recent a survey of the General Synod found that 63% of its members think disestablishment will come within a generation.

Israel's Chief Ashkenazi Rabbi Will Return To Supreme Rabbinical Court

In the complicated religious politics in Israel, Ashkenazi Chief Rabbi Yona Metzger next month will end his voluntary suspension and return as a member of the country's Supreme Rabbinical Court and as a member of the committee that appoints religious court judges. Metzger is in line to become president of the Supreme Rabbinical Court in six weeks. Metzger had stepped down in the wake of charges that he improperly accepted free stays at a Jerusalem hotel. Haaretz today reports that the Justice Ministry's appointments committee approved Metzger's return, ignoring advice to the contrary from Attorney General Menachem Mazuz and Justice Minister Daniel Friedmann.

As Governor Huckabee Rejected Use of Term "Act of God"

CNS News today, focusing on charges that former Akansas Governor Mike Huckabee injects his religious views excessively into politics, reports on an illustrative incident that occurred in 1997 while Huckabee was governor. He refused to sign a bill passed by the Arkansas legislature to protect homeowners from having their insurance cancelled because the bill referred to natural disasters using the common legal term "act of God". Huckabee said: "I refuse to walk through tornado damage and to say that what destroyed it was God and what built it back was only human beings. I saw God protect a lot of people, save a lot of people. That's an act of God, too." After a week of debate, the Arkansas House finally relented and changed the wording of the bill.

President's Remarks In Africa Reflect His Religious Faith

The Wall Street Journal reported on Sunday that during his current tour of Africa, President Bush often invokes religious allusions in his speeches and statements. The article points out the appeal of this approach to religious voters who, in recent years, have focused increasingly on issues of poverty and disease around the world.

Chief Justice Roberts Speaks To Rabbinical Group

U.S. Chief Justice John Roberts spoke before the Rabbinical Assembly, the organization of Conservative rabbis, as he received its Truth and Justice award last week in Washington. Saturday's Jerusalem Post reports that Roberts spoke of connections between Jewish tradition and the American legal structure. He said: "The friezes that surround the Supreme Court's courtroom provide a visible reminder that throughout history, progress in law, which is to say human progress, has been marked by a procession in which religion, morality and personal liberty have traveled together." Some rabbis in attendance were critical of Roberts views on certain issues, including women's reproductive health. The Conservative movement supports a woman's right to choose.

Recent Scholarly Articles of Interest

From SSRN:

• Daniel Augenstein, A European Culture of Religious Tolerance, (EUI LAW Working Paper No. 2008/4, Jan. 2008).


• Katherine B. Darmer & Robert M. Baird, Introduction to Morality, Justice and the Law, (MORALITY, JUSTICE AND THE LAW: THE CONTINUING DEBATE, Prometheus Books, 2007).


• Wojciech Sadurski, Rights and Moral Reasoning: An Unstated Assumption, (December 2007).


• Robert L. Tsai, Reconsidering Gobitis: Lessons in Presidential Leadership, (Feb. 2008).


• Candidus Dougherty, Heffron v. International Society for Krishna Consciousness, (Encyclopedia of the United States Supreme Court, 2008).


• Shelley Ross Saxer, Faith in Action: Religious Accessory Uses and Land Use Regulation, (Utah Law Review, Forthcoming).


• Nathan B. Oman, Preaching to the Court House and Judging in the Temple, (Feb. 11, 2008).


• George P. Smith, Of Panjandrums, Pooh Bahs, Parvenus, and Prophets: Law, Religion, and Medical Science, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-11).


• Jared Rubin, Printing and Interest Restrictions in Islam & Christianity: An Economic Theory of Inhibitive Law Persistence and Divergence, (January 22, 2008).

From SmartCILP:

• Cindy Skach, From "Just" to "Just Decent"? Constitutional Transformations and the Reordering of the Twenty-First-Century Public Sphere, 67 Maryland Law Review 258-280 (2007).

The Journal of Church and State, Vol. 49, No. 4 (Autumn 2007) has recently been published.

Pope Benedict XVI Will Visit White House In April

Last Friday, the White House announced that Pope Benedict XVI will visit the White House on April 16 as part of his trip to the United States. Discussions between President Bush and the Pope are expected to cover issues of peace in the Middle East, inter-faith understanding, and religious liberty around the world.

Suit Challenges Church Zoning Rules of Illinois Village

The Alliance Defense fund has announced that it filed suit last Thursday against the Village of Hazel Crest, Illinois on behalf of the River of Life Kingdom Ministries challenging the village's zoning rules. The village requires churches to obtain special use permits to locate in residential districts, and requires a variation or text amendment for churches to locate in business districts. Various non-religious uses are permitted on less onerous zoning terms. The federal court complaint (full text) alleges that the discriminatory zoning rules violate the Religious Land Use and Institutionalized Persons Act as well as the First and 14th Amendments of the Constitution.

Washington Court Keeps Injunction Against Pharmacy Board Rules

Last November, a Washington federal district court granted a preliminary injunction against the enforcement of Washington state pharmacy rules requiring pharmacists to fill requests for Plan B emergency contraceptives even if doing so violates the pharmacists' religious beliefs. (See prior posting.) The AP and the Seattle Times report that last Friday the court refused a request by the state that it lift the preliminary injunction as to everyone except the plaintiffs in the lawsuit. The court also rejected the state's request to stay further proceedings in the case while the preliminary injunction is appealed. All of this means that enforcement of the state rules is still enjoined and the trial on the request for a permanent injucnction scheduled for October will go ahead.

Recent Prisoner Free Exercise Litigation

In Figel v. Overton, (6th Cir., Feb. 6, 2008), the U.S. 6th Circuit Court of Appeals agreed with a lower court that prison officials could not claim qualified immunity in a case arising after RLUIPA was enacted. Even though the Supreme Court had not yet ruled on its constitutionality, RLUIPA became clearly established law when it was signed. An erroneous 6th Circuit decision on the constitutionality of RLUIPA came after the conduct at issue in the case.

In Salaam v. McKee, 2008 U.S. Dist. LEXIS 9770 (WD MI, Feb. 11, 2008), a federal district court adopted a magistrate's report rejecting a complaint that prison authorities scheduled Muslim Jumu'ah services at a time that is inappropriate under Islamic law. The magistrate had concluded that the service schedule was motivated by a compelling governmental interest in separating prisoners of different security levels.

In Winford v. Frank, 2008 U.S. Dist. LEXIS 9907 (ED WI, Feb. 8, 2008), a court rejected free exercise claims by a prisoner who was a Satanist and who was denied access to several requested Satanic religious books. The court found that plaintiff had not shown he was unable to practice Satanism without these publications, and that there were legitimate safety and security reasons for denying him the books.

In Jebril v. Joslin, 2008 U.S. Dist. LEXIS 10611 (SD TX, Feb. 12, 2008), a Texas federal district court rejected a prisoner's claim that his right to practice his Muslim faith was infringed by authorities' labeling him a terrorist and subjecting him to increased scrutiny. Plaintiff, however, was permitted to move ahead with his claim that requiring that all inmates wear their pants uncuffed infringed his free exercise of religion. The court also permitted him to move ahead with his claim that he was harassed in retaliation for practicing his faith.

Van Wyhe v. Reisch, 2008 U.S. Dist. LEXIS 10779 (D SD, Feb. 13, 2008), involved a claim by a prisoner that he was denied his rights under the 1st Amendment and RLUIPA when he was taken off a kosher diet for 30 days as a sanction for consuming non-kosher food. A South Dakota federal district court granted summary judgment to defendants on several claims, but permitted plaintiff to move ahead with his claim against some of the defendants under RLUIPA. It held however that plaintiff would be limited to recovering nominal monetary damages.

In Carmony v. County of Sacramento, 2008 U.S. Dist. LEXIS 11137, February 13, 2008, Decided, (ED CA, Feb. 14, 2008), a California federal magistrate judge rejected an inmate's complaint that his free exercise rights were violated when he was not permitted to attend Bible study classes. The court concluded that plaintiff's religious beliefs were not sincerely held. He testified that he wished to attend to relieve his boredom. Also he was in court at most times when the classes were held.

In Beasley v. Kontek, 2008 U.S. Dist. LEXIS 10747, (ND OH, Jan. 8, 2008), an Ohio federal district court denied a motion for appointment of counsel and a motion to extend time to file an appellate brief by a prisoner who became an Orthodox Jew while in prison and wanted to wear a beard and sidelocks. In an earlier decision in the case, 2007 U.S. Dist. LEXIS 96302 (ND OH, Nov. 5, 2007), the court had already held that plaintiff's claim for injunctive relief was moot because of a change in the prison's grooming policy and that plaintiff had failed to exhaust his administrative remedies. (Also see prior related posting.)

Meanwhile, Saturday's New York Times reports on a pending religious freedom lawsuit brought by a Hasidic rabbi serving a sentence for fraud at a federal penitentiary in Otisville, NY. Plaintiff wants the Bureau of Prisons to change its policy on where inmates can pray. He argues that his cell, which contains a toilet, is an unclean place under Jewish law for him to pray. He says that Muslims and Buddhists have similar beliefs. Federal prisoners are not permitted to pray in common spaces, and prison chapels are usually not open enough hours to accommodate prisoners who need to pray several times each day. Prison chaplain authorities say that prayers are banned from common areas because they could be threatening to other prisoners, or could make them feel uncomfortable.

Catholic College Faces Legal Challenges To Its Health Insurance Limits

Catholic Online yesterday reported on the legal battle being waged against Charlotte, North Carolina's Belmont Abbey College after it got its health insurance carrier to drop coverage for voluntary sterilization, abortion, and contraception. The Catholic college explained to faculty and staff that the coverage runs contrary to Catholic teaching. However eight faculty members filed a complaint with the Equal Employment Opportunity Commission charging the school with religious and gender-based discrimination. The college has hired legal counsel to reply to the complaint. The National Women's Law Center has threatened litigation on behalf of the faculty members. In addition, one faculty member complained to the state's Department of Insurance. However it ruled that the school qualified for the religious employer exemption in state insurance law that otherwise requires coverage for contraceptive drugs. (NC GS 58-3-178). The faculty member has asked the National Women's Law Center to appeal the ruling.

Times Focuses On Movement of Egypt's Youth Toward Islam

Today's New York Times carries a front-page article titled "Dreams Stifled, Egypt's Young Turn To Islamic Fervor". The first in a series of articles examining the lives of youth in the Muslim world, reporter Michael Slackman says the economic pressures that force young people to put off marriage lead to increasing frustration. Without the independence, sexual activity and societal respect that comes from marriage, young people are increasingly turning to religion, and pulling their parents and their governments with them. Islam is becoming the defining identity for these young people. The Times makes available an Arabic translation of the article and has created a special blog devoted to a discussion of the series of articles.

School Delays Student's Religious Valentines

In Wisconsin's Kettle Moraine School District, staff members at Wales Elementary School attracted the attention of local radio talk shows and blogs when they took valentines with religious messages from a student to see if they complied with the school's policy against distributing materials that "seek to market, solicit money, recruit, indoctrinate or convert." Yesterday's Milwaukee Journal-Sentinel reports that school officials decided the valentines were permissible because, whiile they endorsed religion, they were private speech. Superintendent Patricia Deklotz said she was sorry that the 5th grader's distribution of cards to her classmates was delayed. The school's current policy was adopted in 2001 after another incident involving religious valentines led to the filing of a federal lawsuit.

NIU Shooter Researched Paper On Religion In Early US Prisons

The Chicago Tribune reported on Saturday that Steve Kazmierczak, the Northern Illinois University gunman who killed 5 students, wounded 16 others and then shot himself, had been honored with a dean's award for his sociology research. (Also see New York Times). He is reported to have written a paper with his advisor Prof. Emeritus Jim Thomas on the role of religion in the formation of early prisons in the United States. The paper may be one delivered by Thomas at the 2006 American Society of Criminology meeting titled "The Roots of Faith-Based Prison Programming: A Revisionist View." The paper is listed on Thomas' website.

Tradtionalist Catholic High School Refuses Female Basketball Referee

The Kansas State High School Activities Association is looking into dropping St. Mary's Academy from the list of schoools that are approved to compete against association members. The AP reported on Wednesday that the move comes after the Academy refused for religious reasons to permit a female referee to officate at a boy's basketball game. The school is operated by the Society of St. Pius X and follows the Traditionalist Catholic teachings of its excommunicated former leader, the late Archbishop Marcel Lefebvre. Explaining its views further in its own press release, the Academy said: "Sports for boys are seen as training for the battlefield of life where the boys will need to fight at times through great difficulties. As such, it is more appropriate that it be men who train and direct the boys in these sports programs for only men can teach the boys to be men, just as only women can truly teach girls to be women."