New Articles and Book of Interest

From SSRN:

• Malcolm Voyce, The Vinaya and the Dharmaśāstra: Monastic Law and Legal Pluralism in Ancient India, (Macquarie Law Working Paper No. 2008-9, March 2008).


• Julie Marie Baworowsky, From Public Square to Market Square: Theoretical Foundations of First and Fourteenth Amendment Protection of Corporate Religious Speech, (Notre Dame Law Review, Vol. 83, No. 4, 2008).


• Robert C. Blitt & Durham, W. Cole, Analysis of the Republic of Tajikistan's Draft Law 'About Freedom of Conscience and Religious Unions', (March 21, 2008).

From NELLCO:

• Gregory Kalscheur SJ, Civil Procedure and the Establishment Clause: Exploring the Ministerial Exception, Subject Matter Jurisdiction, and the Freedom of the Church, (Boston College Law School Faculty Papers, Paper 214, March 18, 2008).

From SmartCILP:

• Donald W. Garner & Robert L. McFarland, Suing Islam: Tort, Terrorism and the House of Saud, 60 Oklahoma Law Review (2007).


• Peter Zablotsky, "Curst Be He That Moves My Bones:" The Surprisingly Controlling Role of Religion in Equitable Disinterment Decisions, 83 North Dakota Law Review 361-385 (2007).

New Book:

• Daphne Bramham, The Secret Lives of Saints: Child Brides and Lost Boys in a Polygamous Mormon Sect, (Random House Canada, March 2008), reviewed in the Calgary Herald.

State Employee Partially Successful In Title VII Claim

In Atwood v. Oregon Department of Transportation, 2008 U.S. Dist. LEXIS 22369 (D OR, March 20, 2008), a state employee alleged that his free exercise rights and Title VII of the 1964 Civil Rights Act were violated when one of his supervisors harshly questioned him and threatened to fire him because he refused to work on Sundays for religious reasons. An Oregon federal district court held that the supervisor did not have qualified immunity for his conduct, but dismissed a portion of the employee's lawsuit-- his allegations of hostile work environment and retaliation. Plaintiff's factual allegations did not support these two claims.

President Salutes Easter In Message and Radio Address

President Bush's weekly radio address yesterday (full text) focused on today's celebration of Easter. After expressing appreciation to American military troops who are away from home, as well as remembering those who have been killed, he concluded with this thank you:

On Easter, we also honor Americans who give of themselves here at home. Each year, millions of Americans take time to feed the hungry and clothe the needy and care for the widow and the orphan. Many of them are moved to action by their faith in a loving God who gave His son so that sin would be forgiven. And in this season of renewal, millions across the world remember the gift that took away death's sting and opened the door to eternal life. Laura and I wish you all a happy Easter.

On Friday, the President issued a Presidential Easter Message (full text), reading in part:

The Resurrection of Jesus Christ reminds people around the world of the presence of a faithful God who offers a love more powerful than death. Easter commemorates our Savior's triumph over sin, and we take joy in spending this special time with family and friends and reflecting on the many blessings that fill our lives. During this season of renewal, let us come together and give thanks to the Almighty who made us in His image and redeemed us in His love.

Pope's Easter Message Focuses On World Trouble Spots as He Baptizes Muslim Critic

Deutsche Welle reports that Pope Benedict XVI's Easter message today included a call for peaceful solutions in many of the world's trouble spots-- Darfur, Somalia, the Middle East and Tibet. According to CNN, at the Vatican's Saturday night Easter vigil Mass, the Pope baptized seven adults. One of those was the Italian newspaper editor Magdi Allam who was born in Egypt of Muslim parents. Allam, who is married to a Catholic, has become a prominent critic of Islamic extremism and a supporter of Israel. Many in Islam see conversion as apostasy that could be punishable by death. However a spokesman for Italy's Union of Islamic Communities merely said of Allam's decision: "He is an adult, free to make his personal choice."

India's Supreme Court Interprets Muslim Marriage Law

The Supreme Court of India this month found itself interpreting Muslim religious law in a case awarding a Muslim woman maintenance from her husband. Under Muslim law, a man may not marry his wife's sister during his wife's lifetime. In Patel v. Begum & Anr, (India Sup. Ct., March 14, 2008), the court held a marriage in violation of this ban is only voidable (or irregular) instead of void. The court said: "Consequently, under the Hanafi law as far as Muslims in India are concerned, an irregular marriage continues to subsist till terminated in accordance with law and the wife and the children of such marriage would be entitled to maintenance under the provisions of Section 125 of the Code of Criminal Procedure." IANS today reports on the court's decision, calling it "a ruling of profound socio-religious significance."

Atheist Activist Supports Easter Service and Cross In Daley Plaza

Yesterday's Chicago Daily Herald reported that atheist activist Rob Sherman has praised the city of Chicago for permitting the Thomas More Society to put up a 19 foot cross in Daley Plaza for its sunrise Easter service today. Sherman says he backs the right of individuals to engage in private religious speech in public. He only objects to government supported expressions of religion. [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In Piskanin v. Hammer, (3d Cir., March 18, 2008), the U.S. 3rd Circuit Court of Appeals dismissed as frivolous a prisoner's claim that removal of his religious medal/necklace when he was placed on suicide watch unconstitutionally infringed his free exercise of religion.

In Hightower v. Schwarzenegger, 2008 U.S. Dist. LEXIS 21542 (ED CA, March 19, 2008), a California federal district court dismissed a plaintiff's challenge to a prison requirement that prevented him from receiving religious publications from a vendor of his choice that was not on the approved list of publishers.

In Johnson v. California Department of Corrections, 2008 U.S. Dist. LEXIS 20130 (ED CA, March 14, 2008), a California federal district court granted summary judgment to defendants in a case in which a Rastafarian prisoner brought free exercise, equal protection and RLUIPA challenges to a prison's grooming requirement that called for him to cut his hair.

In Glass v. Scribner, 2008 U.S. Dist. LEXIS 20518 (ED CA, March 17, 2008), a California federal district court rejected a challenge brought by a prisoner (who variously claimed he was a member of the Ausarian religion and that he was a Rastafarian) to the prison's ban on using oils for religious purposes in inmate cells. Instead oils were available only from the Muslim chaplain at services. The court however permitted plaintiff to move ahead with a challenge to the prison's refusal to provide him with a vegetarian diet as required by his religious beliefs.

In Allan v. Woods, 2008 U.S. Dist. LEXIS 20831 (ND NY, March 17, 2008), a New York federal district court dismissed a claim by a Hebrew Israelite prisoner that his rights under RLUIPA and the First Amendment had been infringed. The court found that authorities accommodated plaintiff's request not to work on his Sabbath except for one Saturday morning, and that this limited infringement did not substantially burden his free exercise rights.

In Robins v. Lamarque, 2008 U.S. Dist. LEXIS 21254 (ND CA, March 18, 2008), a California federal district court rejected free exercise , due process and equal protection challenges to a prison's ban on Muslim inmates attending religious services for a number of months after a series of violent incidents and threats of other incidents.

In Mason v. Masley, 2008 U.S. Dist. LEXIS 21176 (S.D.N.Y. Mar. 7, 2008), a New York federal district court accepted a magistrate's recommendation (2008 U.S. Dist. LEXIS 21230 (S.D.N.Y. Feb. 14, 2008) in one of a number of similar cases brought by Muslim inmates. The lawsuits complain that meals served at Rikers Island prison did not meet the requirements for Halal food and that non-Halal items were not identified at the prison commissary. The court dismissed claims against seven corrections officers on qualified immunity grounds, but permitted plaintiff to proceed against two supervisory employees.

In Anderson v. Bratton, 2008 U.S. Dist. LEXIS 21759 (D KA, March 17, 2008), a Kansas federal district court permitted plaintiff, a member of Assembly of Yahweh, to proceed on free exercise and RLUIPA claims after his request for special foods for three religious observances were denied. The court held it is enough that plaintiff had genuine and sincere religious beliefs regarding the festival observances. The food items did not have to be mandated by or central to his religion. Prison authorities apparently incorrectly equated plaintiff's religion with Judaism in denying his requests.

Court Dismisses Claims Challenging All-Male Limits On Theology Faculty

In Klouda v. Southwestern Baptist Theological Seminary, 2008 U.S. Dist. LEXIS 22157 (ND TX, March 19, 2008), a Texas federal district court dismissed on First Amendment grounds seven state and federal causes of action brought by a Sheri Klouda, a faculty member who was forced to resign from her position on the School of Theology faculty at the Southwestern Baptist Theological Seminary. The Seminary’s new president, Paige Patterson, decided that all faculty teaching future pastors had to be qualified to serve as pastor of a local church—a position open only to men. Klouda rejected Patterson’s offer for her to move to become Associate Director of the Writing Center at her same salary. In a lengthy opinion, the court reviewed many of the 5th Circuit’s decisions involving the ecclesiastical abstention and ministerial exception doctrines. The court concluded:

The record clearly establishes that Seminary is a "church" and that plaintiff is a "minister" as contemplated by the ministerial exception doctrine. Moreover, the record establishes as a matter of law that the employment decision made by dfendants concerning plaintiff was ecclesiastical in nature. If the court were to allow plaintiff's claims to go through the normal judicial processes the procedural enanglements would be far-reaching in their impact upon Seminary as a religious organization.”

Reporting on the decision, the Associated Press notes the tension between conservative and moderate factions in the Southern Baptist Convention. It says that the Seminary’s theology faculty currently includes one female professor, but she teaches only women’s classes. From the school’s website, it appears that she is the wife of Seminary President Paige Patterson.

Judge Criticized For Organizing Prayer During Court Hearing

The Mobile, Alabama Press-Register reported Friday that the ACLU is investigating a complaint against state Circuit Judge M. Ashley McKathan over his conduct in a recent case. Jo Ann Snowden, a clerk in the Monroe County Circuit Court’s office, had been secretary of Monroeville’s Morning Star Baptist Church until the minister, with the support of several deacons, removed her. Challenging the validity of their action, Snowden refused to give up possession of the church records. The church filed suit and Snowden counter-claimed. During a conference on the case in his courtroom, Judge McKathan told the parties, as well as spectators and other officials—some 100 people in total—to join hands in a circle while he prayed. At one point, the judge fell to his knees. This is not the first time McKathan has been the subject of criticism. In 2005, he drew attention for wearing judicial robes inscribed with the Ten Commandments to show that biblical law is a foundation of the American legal system. (See prior posting.) McKathan normally presides in Covington County, but was tapped to hear this case when Monroe County Circuit Judge Dawn Hare recused herself.

2nd Circuit Adopts Ministerial Exception In Title VII Racial Discrimination Case

In Rweyemamu v. Cote, (2d Cir., March 21, 2008), the U.S. 2nd Circuit Court of Appeals formally adopted the ministerial exception to claims under Title VII of the 1964 Civil Rights Act, holding that the doctrine is required by the First Amendment. In the case, the Court dismissed a Title VII racial discrimination lawsuit brought by an African-American Catholic priest against his bishop and the Diocese of Norwich, Connecticut. The priest claimed that defendants misapplied canon law in denying him a promotion and in eventually firing him, decisions that he says were racially motivated. An internal church appeal found that there were a number of legitimate grounds for the priest’s dismissal, including complaints about his homilies and about his interaction with parish staff. There was also evidence that his work with a non-profit organization he founded interfered with his full-time parish duties. The Court said that it need not decide the exact scope of the ministerial exception because Father Justinian Rweyemamu’s claim easily falls within it. The Court could not decide his claim without becoming impermissibly entangled with religious doctrine. (See prior related posting.)

Guide To Pope's Upcoming U.S. Visit

In his All Things Catholic column in the National Catholic Reporter this week, John Allen has created a wide-ranging “one –stop shopping guide” Pope Benedict XVI’s upcoming trip to the United States. He says that during the April 15-20 visit “we should get a synthesis of Benedict's thoughts about the world, the role of the United States as the world's ‘lead society,’ relations with other religions and other Christians, and the internal life of the Catholic church. This won't be just another foreign trip, the eighth of Benedict's pontificate; in a sense, it will be his entire papacy in miniature.” [Thanks to Mirror of Justice for the lead.]

Simulcast Will Promote Church-State Separation

On March 26, the Freedom First Foundation (press release) is beaming a simulcast on church-state separation to 37 movie theaters in cities across the nation. (List of locations.) Its goal is to put church-state separation on the 2008 political agenda. Titled “Everything You Always Wanted to Know about the Separation of Church and State … but Were Afraid to Ask”, the show will be emceed by Hollywood actor and film maker Peter Coyote and will feature a number of well-known musicians, actors and other celebrities. Viewers will hear from activists who have been involved in high profile church-state battles.

White House Announces New EEOC Nominee

The White House announced yesterday that the President will nominate Alabama attorney Constance S. Barker to serve as a member of the Equal Employment Opportunity Commission. If confirmed by the Senate, she will fill out a term that expires in 2011. The EEOC enforces laws prohibiting employment discrimination, including Title VII of the 1964 Civil Rights Act that prohibits religious discrimination in hiring, firing, and conditions of employment.

McCain Describes Purim Incorrectly

Today is the Jewish holiday of Purim. Yesterday MSNBC reported that Sen. John McCain, on a Congressional trip to Israel, incorrectly described the holiday as the Jewish version of Halloween. The gaffe came in a news conference after touring the Israeli city of Sderot to view buildings damaged by Hamas rocket fire. McCain said: "As they celebrate their version of Halloween here, they are somewhere close to a 15-second warning, which is the amount of time they have from the time the rocket is launched to get to safety." Sen. Joseph Lieberman traveling with McCain corrected him, saying that it was his fault for commenting to McCain on the two holidays' similarities after he talked to a mother of children dressed in Purim costumes.

Schools Opening On Good Friday Creates Problems

Hillsborough County, Florida schools this year for the first time went onto a calendar that recognizes no religious holidays. School officials are concerned that up to 20% of teachers and school bus drivers will use one of their personal days today to take off for Good Friday-- as well as for a break after two weeks of state testing. This could leave the school system understaffed. Wednesday's St. Petersburg Times reports that county schools will be open from 6 a.m. until 6 p.m. today to accommodate parents who may need to drive their children because of bus drivers who do not come to work. Schools could also combine classes or serve box lunches. Some see the situation differently. School Board member Jennifer Faliero who favors giving teachers Good Friday off said: "What I see ... is Christians uniting. They are fearing that their religion is being overlooked."

Blogswarm For Church-State Separation Is Promoted For Easter Weekend

This Easter weekend, Blog Against Theocracy is publicizing a "blogswarm" to promote separation of church and state. It is asking all bloggers to compose their own posts in support of the Constitutional principle of separation. Links to these posts will then be aggregated at Blog Against Theocracy.

Exclusion of Faith Based Charities From Iowa "One Gift" Program Challenged

An Alliance Defense Fund release reports that on Wednesday, the Association of Faith-Based Organizations filed suit in an Iowa federal district court challenging the exclusion of faith-based organizations from Iowa's "One Gift" program. The program allows state employees to donate by payroll deduction to any of over 400 participating charities. In order to participate an organization must pledge not to discriminate on the basis of religious belief in employment. Any charity "engaged in any way in sectarian activities, including activities aimed at promoting the adoption or defeat of any one or more religious viewpoints" also is ineligible to participate in the program. The complaint (full text) in Association of Faith Based Organizations v. Anderson alleges that the exclusions violate the speech, free exercise and establishment clauses of the First amendment as well as the 14th Amendment's due process clause.

Plaintiff Seeks Recusal of Catholic Judge In Priest Abuse Trial

In Toledo, Ohio, the attorney for plaintiff in a bizarre priest sexual abuse case is seeking voluntary removal of Judge Ruth Franks from the case because she "may not be able to separate her immutable Catholic upbringing from the claims asserted." Yesterday's Toledo Blade reported on the civil case in which an anonymous plaintiff alleges that, beginning in 1968, she was repeatedly raped and tortured in Satanic rituals by abusers wearing nuns' habits . Only after media publicity when Toledo priest Gerald Robinson was arrested for murder in 2004 did plaintiff realize the identity of her abusers. The other alleged abuser, former lay minister Jerry Mazuchowski, says he believes Judge Franks is impartial. He added: "It's news to me that she was a Catholic and I don't think religion enters into this case at all.... The devil's never busier than he is during Holy Week." (See prior related posting.)

UPDATE: In a March 27 opinion, Judge Franks refused to step down from the case. She said the claim that she was raised a Catholic was "erroneous", but even if true the Ohio Supreme Court has ruled that religious affiliation is not cause for a judge's disqualification. (Toledo Blade, 3/28).

Texas AG Says Court Must Resolve Conflicts Between Injunction and New Law

In 1970, a Texas federal district court enjoined the Houston school district from permitting Bible reading or prayer as part of any school practice, ceremony, observance, exercise or routine. In 2007, the Texas legislature passed the Schoolchildrens' Religious Liberties Act (SRLA), also known as the Religious Viewpoints Antidiscrimination Act. (See prior posting.) It requires that students' expression of religious viewpoints must be treated in the same manner as their voluntary expression of a secular or other viewpoint on a permissible subject.

This week in Opinion No. GA-0609, Texas Attorney General Greg Abbott refused the request of the state's education commissioner for a clarification of whether the terms of the 37-year old injunction supersede the provisions of the SRLA. Abbott wrote: "In the present instance, the matter, while not in active litigation, is one that is subject to the continuing jurisdiction of a court. It is for that court to determine whether the SRLA poses any conflict with the court's order." Yesterday's Houston Chronicle reports on the AG's opinion. [Thanks to Blog from the Capital for the lead.]

Freedom of Religion In India Becomes Issue This Week

Religious freedom in India has been the focus in two areas this week. United Nations Human Rights Council Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, held a press conference yesterday (full text) at the conclusion of her 17-day visit to the country. A U.N. press release summarized her conclusions: "India faces a real risk of deadly communal violence erupting again unless much more is done to deter religious hatred and prevent the political exploitation of existing tensions...."

Meanwhile, in the state of Rajasthan, the Assembly has again voted in favor of an anti-conversion law similar to the one it passed in 2006. The governor refused to sign that earlier bill and eventually forwarded it to the president of India for consideration, as permitted by India's Constitution (Secs. 200- 201). The bill is still pending with the President-- who is now the governor who originally refused to sign. IBN yesterday reported that the new bill requires at least one month advance approval from the District Collector before anyone may change religions.

Does Church Flag At Town Council Create Establishment Problem?

The Kirkersville, Ohio Village Council holds meetings in a building that was formerly a church. Crossway Community Church still rents space to hold services in the building. This week's edition of the Buckeye Lake Beacon reports that a former Village Council member criticized Council for failing to remove the church's flag after the church finished using the room. The church flag remained next to the Council bench throughout a recent Council meeting. The criticism, apparently on church-state grounds, seemed to be part of ongoing tensions between former Council member Debbie Seymour and other officials.

Abuse Victim Loses Case on Limitations, Scope of Employment Determinations

In Schmidt v. Archdiocese of Portland in Oregon, (OR Ct. App., March 19, 2008), an Oregon state appellate court in a 2-1 decision held that one Catholic priest's conduct did not amount to "child abuse" so that an extended statute of limitations did not apply. The priest was accused of masturbating one time in the presence of plaintiff who was then a high school freshman. The court also, this time unanimously, decided that another (now deceased) priest's conduct was not in the scope of his employment so that his abbey and archdiocese are not vicariously liable for his actions. The priest encountered plaintiff (then 7 or 8 years old) after he fell while roller skating on the sidewalk. He helped plaintiff up, took him to the basement of the nearby church, and ultimately assaulted him sexually. While the priest was fulfilling a pastor's role in initially helping plaintiff, the court said there was no evidence that this was part of the priest's particular employment duties in the parish. Today's Oregonian reports on the decision.

Suit Threatened Over Who Can Use City Space For National Day of Prayer

In Plano, Texas, City Council faces a possible lawsuit over who gets to use Council Chambers for this year's May 1 National Day of Prayer event. Today's Dallas Morning News reports that Roy Frady of Plano's WillowCreek Fellowship Church has been frozen out. In past years, his group of mostly Christian pastors has reserved council chambers for the prayer event. A city rule allows groups to book the chamber up to 90 days in advance of an event, as long as the city does not have a conflicting need for the room. In recent years another multi-faith group has been first to reserve the space. This year, Frady thought he was first to book, but found that a new group, the Multicultural Outreach Roundtable-- which is appointed by city council as an official committee-- already had a multi-faith prayer event scheduled for May 1. By designating MCOR's event as an official city function, this exempted it from the 90-day rule. Frady says that this maneuver, allowing the city's favored group book early, has violated the Establishment Clause by favoring one expression of religion over another. Frady, represented by the Liberty Legal Institute (press release), has given the city until Wednesday to respond to his letter (full text) objecting to the city's actions.

Saudi Arabia Revises Controversial Textbooks

Today's Yemen Times reports that Saudi Arabia has reacted to widespread criticism of the textbooks used in its schools. After 9-11, critics contended that Saudi textbooks furthered a militant Islamist approach and glorified violence against Jews. Now the Saudi education ministry has issued new books, and made them fully available on the Internet. They still focus heavily on Islam and teach children they must reject all other religions. They reject secular pan-Arabism and promote global Muslim solidarity. The curriculum contains almost no world history other than the history of Islam. However the new books are significantly more modern than the older ones. There is no incitement against Shiites and a significant reduction in the anti-Jewish, anti-Zionist content.

New Bin Laden Message Focuses On European Publication of Muhammad Drawings

Yesterday, a new message from Osama bin Laden was released on a militant website that has carried his statements in the past. It coincided with the fifth anniversary of the beginning of the war in Iraq. This time the message focused on "insulting drawings" of the Prophet Muhammad that were first published in a Danish newspaper, and then elsewhere. The AP, CNS News and Al Jazeera all cover the story. The full text of the message (English translation) is available from the NEFA website.

In his message, bin Laden threatens Europe over the drawings, saying that their publication is a more serious matter than the bombing of "modest mud villages which have collapsed onto our women and children." He says that publication of the drawings "came in the framework of a new Crusade in which the Pope and the Vatican has played a large, lengthy role." He also charges that King Abdullah of Saudi Arabia could have put an end tho the publishing of the cartoons if he had wanted to exert his influence. Bin Laden rejects European reliance on freedom of speech to justify publication of the Muhammad drawings, pointing to laws in various European countries banning Holocaust denial, or, as he phrases it, laws that "suppress the freedom of those who cast doubt on the statistics of an historical event."

4th Circuit Panel Hears City Council Prayer Arguments-- O'Connor on Panel

Yesterday the U.S. 4th Circuit Court of Appeals heard oral arguments in Turner v. City Council of the City of Fredericksburg. The district court in its decision (full text) dismissed the claim by city council member Hashmel Turner that his First Amendment rights were violated when he was not permitted to offer a specifically Christian opening prayer at Fredricksburg (VA) city council meetings. Council policy required invocations to be nonsectarian. (See prior posting.) The Hampton Roads (VA) Daily Press and the Fredricksburg Free Lance-Star report that the 4th Circuit panel hearing oral arguments included retired U.S. Supreme Court Justice Sandra Day O'Connor. Turner's attorney urged the court to hold that Turner's prayers at the beginning of council meetings should be considered private speech protected by the First Amendment, not speech on behalf of the government. He also argued that: "The mere use of the word Jesus isn't itself a denominational term. It encompasses many denominations." The Daily Press reports that "O'Connor called the case black and white in favor of the city."

Challenge To Illinois Moment of Silence Law Becomes Class Action

Last November, an Illinois federal district court issued a preliminary injunction blocking a suburban Chicago school district from enforcing Illinois' new mandatory moment of silence law. (See prior posting.) Now according to yesterday's Chicago Tribune, federal district Judge Robert Gettleman has agreed that the suit may be converted into a class action against school districts around the state on behalf of students statewide. However the court still must determine the best way to notify school districts of the expansion of the lawsuit. Judge Gettleman, while expressing concern about the vagueness of the challenged law, has not yet decided the case on the merits. Nor has he so far extended his preliminary injunction to other school districts. The AP, also reporting on the case said that Judge Gettleman indicated he had hoped that the legislature would have acted by now to fix problems with the law.

Defamation Claim Against Priest Dismissed; Emotional Distress Claim Can Go On

A McHenry County, Illinois trial court judge has dismissed a defamation claim brought against Catholic priest Luis Alfredo Rios by Angel Llavona, one of his parishioners, according to yesterday's Chicago Daily Herald. Llavona alleged that the priest's criticism of his work with the church's religious education program harmed his reputation as a teacher at Maine West High School in Des Plaines. (See prior posting.) Judge Maureen McIntyre said deciding that portion of the complaint would improperly involve the court in evaluating the church's teachings and rules. However, the court allowed Llavona to proceed with his claim of intentional infliction of emotional distress. In so holding, the court rejected arguments by Rios' lawyer that the Establishment Clause precludes the court from passing on statements made by clergy during religious services. Judge McIntyre said that the claim could be adjudicated without passing on church practices, dogma or theology.

Saudi Appellate Court Orders Retrial of Religious Police Defendants

Today's International Herald Tribune reports that in Saudi Arabia, the Cassation Court has overturned a not guilty verdict entered by a lower court against two members of the country's religious police force. The two had been accused in the death of Sulaiman al-Huraisi, a security guard who died in custody of the Commission for the Propagation of Virtue and the Prevention of Vice after its raid on al-Huraisi's home looking for alcohol and drugs. (See prior posting.) The new decision, citing mistakes in the original trial, orders the Riyadh lower court judge who issued the initial verdict to question witnesses and members of the religious police again.

Court Says California Lacks Standing To Challenge Federal Weldon Amendment

The federal Weldon Amendment (background) denies federal funds to state and local governments if they discriminate against health care entities that refuse to provide abortions. California law requires emergency health care facilities to provide medically necessary abortions. Yesterday in State of California v. United States of America, (ND CA, March 18, 2008), a California federal district court dismissed California's constitutional challenge to the Weldon Amendment, finding that the state lacked standing and that its claim was not ripe for adjudication. The court said that there is no clear indication that California's law would constitute "discrimination" under the Weldon Amendment, so there is no indication that there is any present conflict between state and federal law. The complaint in the case had alleged that the federal law violated Congress' spending authority and infringed women's right to privacy. Today's San Francisco Chronicle reports on the court's decision.

HHS Secretary Criticizes Medical Board's Abortion Rights Position

Last Friday, U.S. Health and Human Services Director Mike Leavitt sent a letter (full text) to the American Board of Obstetrics and Gynecology objecting to its apparent policy of requiring physicians who wish to maintain their Board certification to comply with ethics rules of the American College of Obstetricians and Gynecologists (ACOG). In November 2007, ACOG's Ethics Committee issued a report titled The Limits of Conscience Refusal in Reproductive Medicine. It conclude that physicians who have conscientious objections to performing abortions or other standard reproductive services "have the duty to refer patients in a timely manner to other providers." Leavitt said:

I am concerned that the actions taken by ACOG and ABOG could result in the denial or revocation of Board certification of a physician who -- but for his or her refusal, for example, to refer a patient for an abortion -- would be certified. These actions, in turn, could result in certain HHS-funded State and local governments, institutions, or other entities that require Board certification taking action against the physician based just on the Board's denial or revocation of certification. In particular, I am concerned that such actions by these entities would violate federal laws against discrimination.

Yesterday the Religious Coalition for Reproductive Choice issued a press release strongly criticizing Sec. Leavitt's letter, saying: "Secretary Leavitt's dogmatic indifference to the patient is bad medicine, misguided ethics, and political pandering. A great nation must make room for diverse beliefs--especially a nation founded on the principle of religious freedom."

Illinois Pharmacy Rules Argued Before State Supreme Court

Yesterday, the Illinois Supreme Court heard oral arguments in Morr-Fitz v. Blagojevich. In the case, a state appellate court had dismissed on justiciability grounds a challenge to State Pharmacy Board rules requiring drug stores to fill prescriptions for the "morning-after" pill, even where doing so violates a pharmacist's religious or moral beliefs. (See prior posting.) According to AP, the state argued to the Supreme Court that the pharmacists lack standing to pursue their lawsuit. Plaintiffs argued that they should be able to sue to protect their rights before their careers are ruined by license suspensions. A video of the oral arguments is available online from the Illinois Supreme Court's website.

White House Easter Egg Roll Scheduled

The White House has announced that its annual Easter Egg Roll will be held on Monday, March 24. The National Park Service is distributing free tickets on a first-come-first-served basis. The White House has also announced the scheduled entertainment for the event. The White House Visitor Center is hosting the State Egg Display. The American Egg Board selects an artist from each state to paint or decorate an egg for the display.

Obama Speaks Out On His Pastor's Views and On U.S. Race Relations

In a speech this morning, Presidential hopeful Sen. Barack Obama addressed the controversy over inflammatory rhetoric used in sermons by his long-time pastor, Rev. Jeremiah Wright. As reported by Reuters today, Obama already has denounced Wright's comments, describing Wright as an "old uncle" to him. Wright has also now retired as pastor of Chicago's Trinity United Church of Christ. Nevertheless, Wright's comments continued to pose problems for Obama's campaign. Today the candidate delivered a major speech in Philadelphia addressing his views of his pastor and more broadly dealing with racial divisions in America. (Washington Post).

Here are some lengthy excerpts dealing with Rev. Wright from Obama's remarks. The full text of his speech titled "A More Perfect Union" is definitely worth reading:

[W]e've heard my former pastor, Jeremiah Wright, use incendiary language to express views that have the potential not only to widen the racial divide, but views that denigrate both the greatness and the goodness of our nation and that rightly offend white and black alike.

I have already condemned, in unequivocal terms, the statements of Reverend Wright that have caused such controversy, and in some cases, pain. For some, nagging questions remain: Did I know him to be an occasionally fierce critic of American domestic and foreign policy? Of course. Did I ever hear him make remarks that could be considered controversial while I sat in the church? Yes. Did I strongly disagree with many of his political views? Absolutely, just as I'm sure many of you have heard remarks from your pastors, priests or rabbis with which you strongly disagree.

But the remarks that have caused this recent firestorm weren't simply controversial. They weren't simply a religious leader's effort to speak out against perceived injustice. Instead, they expressed a profoundly distorted view of this country, a view that sees white racism as endemic and that elevates what is wrong with America above all that we know is right with America; a view that sees the conflicts in the Middle East as rooted primarily in the actions of stalwart allies like Israel instead of emanating from the perverse and hateful ideologies of radical Islam. As such, Reverend Wright's comments were not only wrong but divisive, divisive at a time when we need unity; racially charged at a time when we need to come together to solve a set of monumental problems....

Given my background, my politics, and my professed values and ideals, there will no doubt be those for whom my statements of condemnation are not enough. Why associate myself with Reverend Wright in the first place, they may ask? Why not join another church? And I confess that if all that I knew of Reverend Wright were the snippets of those sermons that have run in an endless loop on the television sets and YouTube, if Trinity United Church of Christ conformed to the caricatures being peddled by some commentators, there is no doubt that I would react in much the same way. But the truth is, that isn't all that I know of the man. The man I met more than twenty years ago is a man who helped introduce me to my Christian faith, a man who spoke to me about our obligations to love one another; to care for the sick and lift up the poor....

Like other predominantly black churches across the country, Trinity embodies the black community in its entirety -- the doctor and the welfare mom, the model student and the former gang-banger. Like other black churches, Trinity's services are full of raucous laughter and sometimes bawdy humor. They are full of dancing and clapping and screaming and shouting that may seem jarring to the untrained ear. The church contains in full the kindness and cruelty, the fierce intelligence and the shocking ignorance, the struggles and successes, the love and, yes, the bitterness and biases that make up the black experience in America.

And this helps explain, perhaps, my relationship with Reverend Wright. As imperfect as he may be, he has been like family to me. He strengthened my faith, officiated my wedding and baptized my children. Not once in my conversations with him have I heard him talk about any ethnic group in derogatory terms or treat whites with whom he interacted with anything but courtesy and respect. He contains within him the contradictions -- the good and the bad -- of the community that he has served diligently for so many years. I can no more disown him than I can disown the black community. I can no more disown him than I can disown my white grandmother, a woman who helped raise me, a woman who sacrificed again and again for me, a woman who loves me as much as she loves anything in this world, but a woman who once confessed her fear of black men who passed her by on the street, and who on more than one occasion has uttered racial or ethnic stereotypes that made me cringe. These people are a part of me. And they are part of America, this country that I love....

We can dismiss Reverend Wright as a crank or a demagogue, just as some have dismissed Geraldine Ferraro in the aftermath of her recent statements as harboring some deep-seated bias. But race is an issue that I believe this nation cannot afford to ignore right now. We would be making the same mistake that Reverend Wright made in his offending sermons about America: to simplify and stereotype and amplify the negative to the point that it distorts reality. The fact is that the comments that have been made and the issues that have surfaced over the last few weeks reflect the complexities of race in this country that we've never really worked through, a part of our union that we have not yet made perfect.

Bishops' Blog Covers U.S. Papal Visit

The United States Conference of Bishops has created the USCCB's Papal Visit Blog, a new blog devoted to Pope Benedict XVI's six-day visit to the United States next month. Reporting on the blog, the Washington Post says: "No gossipy or scandalous entries."

Historic Vatican-Saudi Talks Explore Opening Church in Saudi Arabia

Yesterday's London Times reported that the Vatican is holding talks with Saudi Arabian authorities discussing the possibility of opening the first Roman Catholic church in Saudi Arabia. This became known the day after Qatar's first Catholic Church opened with an inaugural service attended by 15,000. The revolutionary step in Saudi-Catholic relations follows talks last year between King Abdullah and the Pope and the creation of a permanent Catholic-Muslim forum on interreligiouis relations after the Pope's controversial remarks on Islam at the University of Regensburg in 2006. (See prior posting.)

Wisconsin Village's Cross Display Is Questioned

The village of Holmen, Wisconsin finds itself in the midst of a church-state dispute according to yesterday's Holmen Courier. In 1960, a lighted star and cross were put up on Star Hill, then private property, with the cost of the display spit between the village and the Lion's Club. The cross is lit during the 40 days of Lent. Five years ago the village bought the property on Star Hill for use for a water reservoir. This has led resident Eric Barnes now to file an informal complaint with the village about the religious symbol on public land. So far the village has not responded.

Cert. Denied In Appeal of Injunction Against Disrupting Church Services

Yesterday the U.S. Supreme Court denied certiorari in Lady Cage-Barile v. Church of Christ in Hollywood, (Docket No. 07-8742) (Order List). In the case below, found at 2007 Cal. App. Unpub. LEXIS 6164 (CA Ct. App., 2007), the California Court of Appeals refused to dissolve an injunction that had been previously issued to prevent Lady Cage-Barile from entering the property of the Church of Christ in Hollywood, tearing down Church literature or disrupting services by profane language or unnecessary noise. The injunction was obtained after Cage-Barile, who disagreed with how the church was run, engaged in highly disruptive conduct at the Church. The Church's expulsion of her from membership failed to stop her from disrupting worship services.

New York Town Wants State To Pay for Prosecutions of Amish

In Morristown, New York, members of the town council have written newspapers urging the state to help pay for the town's prosecution of ten members of the conservative Swartzentruber Amish sect for building homes without a permit. Today's Watertown Daily Times reports that town officials say they are bearing the cost of a test case for enforcing state law. Costs include not just fees for the town's attorney, but also the cost of translating legal documents into Pennsylvania Dutch. In the first of the cases that is being tried, defendant's attorney claims religious persecution of his client.

UPDATE: Newsday on Tuesday reported that the Becket Fund for Religious Liberty has sent a 5-page letter supporting the Amish defendants to the town council, New York's Attorney General and the U.S. Department of Justice's Civil Rights Division. The letter says that their continued prosecution would violate a number of constitutional and statutory protections.

Iraqi Youth Becoming Skeptical of Religion

Today's Seattle Times, carrying an article published earlier this month in the New York Times, reports that Iraqi youth are becoming disenchanted with religion. Religious restrictions on their lives and religious violence have led at least some young people to reject Islam, a trend that runs counter to developments elsewhere in the Middle East. While the scope of this Iraqi disillusionment is unclear, there has been a decline in enrollment of graduate students in religion classes, and attendance at weekly prayer services appears to be down. The lengthy article is the second in a New York Times series on the lives of youth in the Muslim world at a time of religious revival.

Student At Center of Classic Released Time Case Reminisces

Last week marked the 60th anniversary of the U.S. Supreme Court's decision in McCollum vs. Board of Education which struck down a released time program for religious education in the Champaign, Illinois public schools. Today's Tennessean reports on a talk given Sunday by 70-year old James McCollum, the student who was at the center of the 1948 case. He describes how, even though he was excused from the classes offered by local ministers at the request of his family, he "was put in a desk in the hall during the religion class which was generally reserved for miscreants." He added, "When my mother heard about that, it hit the fan."

Battles Over Secularism In Turkey Lead To Indictment of Top Leaders

The struggle between religious and secularist forces in Turkey has reached a new level. According to today's Turkish Daily News, the country's chief prosecutor has filed a 162-page indictment against the ruling Justice and Development Party (AKP), charging it with trying to turn Turkey into an Islamic state. Alleging that AKP's activities are inconsistent with the secularism required by Turkey's constitution, the indictment asks Turkey's Constitutional Court to ban top AKP leaders (including the country's President and its Prime Minister) from politics for 5 years. Today's Zaman reports on Prime Minister Recep Tayyip Erdoğan's speech responding to the indictment. Commenting on the political and economic uncertainty that the case is likely to cause, Reuters points out that in the past Turkish courts have banned more than 20 parties for having Islamist or Kurdish separatist agendas.

Meanwhile Human Events today reports that Turkey's Department of Religious Affairs (the Diyanet) is attempting to modernize and reinterpret Islam. It has announced that 35 religious scholars in the Theology Department at Ankara University have nearly completed a three-year forensic examination of the Islamic Hadiths. The authenticity of some Hadiths-- handed down orally-- have been questioned by some scholars. However an op-ed in Today's Zaman questions more generally the ability of the Directorate of Religious Affairs to maintain the existing system of state-controlled Islam.

UPDATE: Today's Zaman reported on Wednesday that two separate complaints have been filed against Chief Prosecutor Abdurrahman Yalçınkaya, claiming he prepared a wrongful indictment seeking closure of the AKP. One complaint was filed by lawyer Lawyer Sabri Erdoğan; the other was filed by a private organization, Young Civilians.

Recent Articles and Books of Interest

From SSRN:

• Robert A. Kahn, Hate Speech and National Identity: The Case of the United States and Canada, (U of St. Thomas Legal Studies Research Paper No. 08-02, 2008).


• Martin H. Belsky, Alan Dershowitz: The Advocate and Scholar as Jew; the Jew as Advocate and Scholar, (Albany Law Review, 2008).


• Robert Luther, Robert & David B. Caddell, Breaking Away from the 'Prayer Police': Why the First Amendment Permits Sectarian Legislative Prayer and Demands a 'Practice Focused' Analysis, (Santa Clara Law Review, Vol. 48, No. 569, 2008).


• Christina E. Wells, Privacy and Funeral Protests, (March 10, 2008).


• Rajdeep Singh Jolly, The Application of the Religious Freedom Restoration Act to Appearance Regulations that Presumptively Prohibit Observant Sikh Lawyers from Joining the U.S. Army Judge Advocate General Corps, (Chapman Law Review, Vol. 11, p. 155, 2007).


• Edwin Baker, Hate Speech, (U of Penn Law School, Public Law Research Paper No. 08-09 2008).

From SmartCILP:

• Kathryn Boustead, The French Headscarf Law Before the European Court of Human Rights, 16 Journal of Transnational Law & Policy 167-196 (2007).


• Bruce L. Hay, Charades: Religious Allegory in 12 Angry Men, 82 Chicago-Kent Law Review 811-861 (2007).

Recent Books:

• Steven Waldman, Founding Faith: Providence, Politics and Birth of Religious Freedom in America, (Random House, March 11, 2008), reviewed in Newsweek.


• Tara Ross & Joseph C. Smith, Jr., Under God: George Washington and the Question of Church and State (Spence Publishing, 2008).

Israeli Civil Court Refers Case To Religious Sanhedrin Court

In Israel, a civil court-- the Netanya’s Magistrates Court -- has recognized the authority of the religious Sanhedrin Court for Matters of People and State-- an attempted reincarnation of a court from ancient Israel. (See prior posting.) Arutz Sheva reported on Sunday on the case of Tzviya Sariel who was arrested last December for allegedly pushing an Arab who entered her town to pick olives. While two witnesses have testified that she was not involved in the incident, nevertheless Sariel continues to be held in jail because she has refused to cooperate with the secular justice system. So Judge Smadar Kolander-Abramovitch ordered that Sariel be allowed to attend a hearing in the Sanhedrin court, hoping it would instruct here to recognize civil authorities. Instead the Sanhedrin court ordered that Sariel be released immediately. The Prisons' Authority said it recognizes the Sanhedrin court and will implement its order. However at last report, Sariel remained in jail. [Thanks to Jack E. Shattuck for the lead.]

8th Circuit Hears Oral Arguments In School Busing Case

On Friday, the U.S. 8th Circuit Court of Appeals heard arguments in Pucket v. Hot Springs School District. In the case, a South Dakota federal district court rejected a claim by students attending Bethesda Lutheran School and their parents that the state's temporary termination of busing of students to the parochial school violated their free exercise, speech and equal protection rights and violated the establishment clause. (See prior posting.) An audio recording of the oral argument is available from the 8th Circuit's website. Arguing for the students and their parents was the Becket Fund's Roger Severino who contended that South Dakota's Blaine amendments are unconstitutional under the federal Constitution, though the court's questioning focused instead on a number of factual details in the case.

Scientology Denied Restraining Order Against Anonymous Protesters

A Clearwater, Florida state trial court on Thursday denied a request by the Church of Scientology for a restraining order against threatened demonstrations by a group of protesters known only as "Anonymous". The St. Petersburg Times reported that Scientology churches around the world have received numerous harassing phone calls, obscene e-mails, bomb threats and death threats. Denying Scientology's request, Circuit Judge Douglas Baird said that the church had not tied any of the 26 defendants named in its lawsuit to the threats set out in the petition. ABC News reports that on Saturday, some 75 demonstrators, disguised to hide their identity, picketed Scientology's Clearwater headquarters. According to WikiNews last January, the group known as Anonymous issued a press release and a statement on YouTube announcing their "War on Scientology".

Craiglist Not Publisher of Discriminatory Classifieds On Its Website

In Chicago Lawyers' Committee for Civil Rights Under Law, Inc. v. Craiglist, Inc., (7th Cir. March 14, 2008), the U.S. 7th Circuit Court of appeals held that the online classified ad service, Craiglist, is not responsible under federal housing discrimination laws for discriminatory language in ads posted by third parties. Relying on the Communications Decency Act of 1996, the court, in an opinion by Judge Easterbrook, held that Craiglist is not to be treated as the publisher of the ads. Among the ads plaintiffs found objectionable was one which read "Catholic Church and beautiful Buddhist Temple within one block". Plaintiffs claimed this ad suggested a religious preference. The federal Fair Housing Act prohibits the publication of ads offering real estate for sale or rent where the ad indicates "any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin."

In a statement issued after the decision, the Lawyer's Committee for Civil Rights said: "While we are of course disappointed with the overall outcome of the case, we are gratified that the Court emphasized in the final paragraph of its decision that landlords and other housing providers who post discriminatory advertisements remain fully liable under the federal fair housing laws." Today's San Francisco Chronicle reports on the decision.

Article Suggests Path For Modern Revival of Shariah

In today's New York Times Magazine, Harvard Law Professor Noah Feldman writes on the revived interest in Shariah in the Muslim world. He suggests developments that could lead to revival of Shariah as "a path to just and legitimate government in much of the Muslim world." Here are some excerpts:

One big reason that Islamist political parties do so well running on a Shariah platform is that their constituents recognize that Shariah once augured a balanced state in which legal rights were respected.... [T]he traditional Islamic constitution rested on a balance of powers between a ruler subject to law and a class of scholars who interpreted and administered that law. The governments of most contemporary majority-Muslim states, however, have lost these features. Rulers govern as if they were above the law, not subject to it, and the scholars who once wielded so much influence are much reduced in status....

In the early 19th century, the Ottoman empire responded to military setbacks with an internal reform movement. The most important reform was the attempt to codify Shariah. This Westernizing process, foreign to the Islamic legal tradition, sought to transform Shariah from a body of doctrines and principles to be discovered by the human efforts of the scholars into a set of rules that could be looked up in a book. Once the law existed in codified form, however, the law itself was able to replace the scholars as the source of authority....

It is possible to imagine the electoral success of Islamist parties putting pressure on executives to satisfy the demand for law-based government embodied in Koranic law. This might bring about a transformation of the judiciary, in which judges would come to think of themselves as agents of the law rather than as agents of the state.

Christian Home School Basketball Tournament Fields Serious Teams

Today's New York Times carries a front-page story on the National Christian Homeschool Basketball Championships just held in Oklahoma City. While some 2 million children are home schooled, only 18 states have laws permitting them to participate on public school athletic teams. Home school parents are building teams that are now seriously tracked by college scouts.

Spain's Muslims Face Hurdles In Acquiring Land For Mosques

Muslims in Spain face a shortage of mosques, finding themselves instead praying in apartments, warehouses and garages. Today's New York Times says that while this situation is due in part to lack of resources in the rapidly growing immigrant Muslim community, it is also because several local governments have blocked Muslims from acquiring land on which to build worship sites. Muslim leaders say the situation hinders integration of Muslims. However the situation may be improving as the town of Lleida has granted a 50-year lease on a piece of government land so the local Islamic Association can break ground for a mosque. Other cities may follow suit, and a bill has been introduced in the regional Parliament in Catalonia to require local governments to set aside land for mosques and other places of worship.

Recent Prisoner Free Exercise Cases

In Alvarez v. Hill, (9th Cir., March 13, 2008), the U.S. 9th Circuit Court of Appeals reversed a district court's grant of summary judgment to prison officials in a pro se religious freedom case brought by a Native American prisoner. The court rejected appellants' contention that RLUIPA had to be specifically cited in order to bring a RLUIPA complaint, particularly in view of the lenience traditionally granted to pro se pleadings. (See prior related posting.)

In Pressley v. Johnson, (3rd Cir., March 10, 2008), the U.S. 3rd Circuit Court of Appeals affirmed dismissal of a prisoner's claim that his religious materials had been destroyed. The court said that plaintiff failed to elaborate on what religious materials were confiscated or how the destruction infringed his free exercise rights.

In Shabazz v. Barrow, 2008 U.S. Dist. LEXIS 18130 (MD GA, March 10, 2008), a Georgia federal district court agreed with a federal magistrate's determination that a prison had legitimate penological interests in refusing separate worship services for Nation of Islam inmates.

In Ibrahim v. District of Columbia, (D DC, March 12, 2008), the federal district court for the District of Columbia held that it lacked personal jurisdiction over an individual prison employee who was sued for damages for denying plaintiff his leather kufi that he wears for religious reasons.

In Scott v. California Supreme Court, 2008 U.S. Dist. LEXIS 19040 (ED CA, March 12, 2008), a California federal district court remanded to a federal magistrate judge a prisoner's complaint that he was not permitted to change his name for religious reasons. The remand was occasioned by the 9th Circuit's intervening rejection of the "centrality of belief" test in Shakur v. Schriro.

In Hill v. Pylant, 2008 U.S. Dist. LEXIS 19142 (WD LA, Jan. 18, 2008), a Louisiana federal magistrate judge recommended that a Muslim prisoner's free exercise and RLUIPA claims be dismissed as frivolous. Plaintiff sought to have the prison arrange for Islamic clergy with call outs for Islamic prayer, but the court found that there was a lack of available clergy or volunteers. As to an allegation about religious diet, the court said that plaintiff did not allege that he was prevented from observing Islamic dietary practices.

In Harnett v. Barr, 2008 U.S. Dist. LEXIS 19236 (ND NY, March 10, 2008), a New York federal district court permitted a Muslim inmate to proceed with free exercise and RLUIPA claims. Plaintiff alleged that officials threw away away his Ramadan food during a cell search, that he was denied a "sweet breakfast" at the end of Ramadan, and that he was denied permission to hem his pants above his ankles and to save food in his cell on Mondays and Thursdays.

In Viggers v. Crawford, 2008 U.S. Dist. LEXIS 19395 (WD MO, March 10, 2008), a Missouri federal district court rejected a magistrate's recommendation to dismiss free exercise and RLUIPA claims brought by a Native American prisoner. The court said that it must determine whether a personalized-length smoking pipe is a central tenant of plaintiff's Native American religion and whether the denial of such a pipe substantially burdens the practice of plaintiff's Native American religion. UPDATE: The magistrate's recommendation is at 2008 U.S. Dist. LEXIS 22051 (WD MO, Jan. 31, 2008).

The Sioux Falls (SD) Argus Leader reports on a South Dakota federal magistrate judge's report filed March 5 recommending dismissal of free exercise claims brought by a convicted killer who is an Asatru adherent. After prior litigation, prisoner Darrell Hoadley had been permitted to have a ritual drinking horn, wooden wand and wooden hammer. Now he is seeking additional items, including horse meat and a plastic sword. The court concluded that Hoadley's religious freedom has not been meaningfully curtailed, and that because his security status bars him from group religious activity, he cannot bring a class action on behalf of others. UPDATE: The Argus Leader reports that on March 31 the court dismissed Hoadley's claims, adopting the magistrate's report and recommendations.

Town Trustee's Suit Over Pledge Refusal Recall Is Dismissed

In Habecker v. Town of Estes Park, Colorado, (10th Cir., March 14, 2008), the U.S. 10th Circuit Court of Appeals affirmed a lower court's dismissal on justiciability grounds of a lawsuit brought by a former Trustee of the Town of Estes Park. (See prior posting.) Trustee David Habecker, an atheist, was recalled by voters after he refused to stand and recite the pledge of allegiance at Estes Park Board meetings. He objected to the phrase "under God" in the pledge. Habecker sued the town and members of the recall committee alleging violations of the Establishment Clause and of the Constitution's prohibition on creating a religious test for office. The Court of Appeals concluded that Habecker's "loss of elected office, although an injury in fact, was the result of an intervening cause—the electorate—and is not fairly traceable to the defendants. His claimed injury based on social pressure to recite the Pledge does not constitute an injury in fact under Article III, and any controversy arising from an injury based on exposure to the Pledge is now moot given that Habecker is no longer required to attend Board meetings." [Thanks to How Appealing for the lead.]

State Department Releases Report On Global Anti-Semitism

Yesterday, the U.S. State Department's Office of the Special Envoy for Monitoring and Combating Anti-Semitism provided Congress with a report titled Contemporary Global Anti-Semitism. It is a follow-up to a similar report issued three years ago. As described by the State Department's release:

This report ... reflects the United States' deep commitment to take a strong stand against growing anti-Semitism around the world. [It] ... is dedicated to the memory of Tom Lantos.... The report is thematic in nature and ... provides a broad overview of anti-Semitic incidents, discourse and trends. [It] ... documents traditional forms of anti-Semitism ... but also discusses new manifestations ... including instances when criticism of Israel and Zionism crosses the line into anti-Semitism. The report covers anti-Semitism in both government and private media, and within the United Nations system. It concludes with a review of governmental and nongovernmental efforts to combat the problem. The report is meant to serve as a resource for increasing understanding of contemporary forms of anti-Semitism and for shaping strategies to combat this growing problem worldwide.

Columnist Says Islam Is Central In Minnesota Charter School

Columnist Katherine Kersten in last Sunday's Minneapolis Star Tribune discusses a cultural identity publicly-funded charter school operating in Minnesota's Twin Cities area. The Tarek ibn Ziyad Academy (TIZA) enrolls around 300 children in grades K-8. The school has a waiting list of 1500, and last fall it opened a second campus. Most enrollees are children of Muslim immigrant families. The school says that it focuses on "traditions, histories, civilizations and accomplishments of the eastern world (Africa, Asia and Middle East)." Kersten says, however, that "the line between religion and culture is often blurry. There are strong indications that religion plays a central role at TIZA." Its co-founders were imams. The school shares a building with the Muslim American Society of Minnesota and a mosque. After-school Islamic studies are offered in the same building. Indeed, the school was originally envisioned as a private Islamic school.

School Sued Over Denial of Space For Students To Meet To Pray and Talk

On Wednesday, the Alliance Defense Fund announced that it has filed suit in federal district court against the East Valley School District in Washington state on behalf of a Christian high school student. The student was refused permission to meet in an unoccupied room at East Valley High School during the lunch hour with a handful of other students to fast, pray and discuss various matters from a religious perspective. The refusal was based on a District policy that bars religious services, programs or assemblies during school hours. The complaint in A.L. v. East Valley School District No. 361, alleges that this policy violates the free speech free exercise, equal protection and due process clauses of the U.S. Constitution.

Map Discloses State Free Exercise Tests

Prof. Eugene Volokh has posted on his website his religious accommodation regime map of the United States (from the upcoming new edition of The First Amendment: Law, Cases, Problems, and Policy Arguments ). The useful map focuses on whether each state's law requires strict scrutiny of alleged free exercise infringements. It divides states into seven different categories.

Violent Demonstrations By Tibetan Monks Seek More Religious Freedom

The London Times reports today on serious violence in the Tibetan capital of Lhasa as monks seeking greater religious freedom attempted to stage a demonstration. Police tried to keep the monks from the ancient Ramoche monastery from entering the streets. The monks, opposed to Chinese rule in Tibet, have engaged in demonstrations for a week. They have gained particular attention because of the upcoming Olympic games. Today's Wall Street Journal reports that protesters plan to use the high profile Olympic torch relay to call further attention to their cause.

German Schools Will Offer Course In Islam As Alternative

In German schools, students are required to take classes in religion. Currently they have a choice of courses in Roman Catholicism, Protestantism or Judaism, and in many schools an alternative course in ethics. According to yesterday's International Herald Tribune, Interior Minister Wolfgang Schäuble has decided that schools should also offer a course in Islam as an alternative. An agreement will need to be worked out with leaders of Germany's Muslim community to effectuate the change. Most Muslims in Germany are Turks. Schäuble says the course in Islam must be offered in German.

Wisconsin's Governor Signs Bill On Aid To Sexual Assault Victims

Wisconsin's Governor Jim Doyle yesterday signed AB 377 that requires all hospitals to provide emergency contraception to any victim of sexual assault who requests it. Madison's Capital Times reports however that Pro-Life Wisconsin says the new law is unconstitutional, arguing that it violates the "right of conscience" clause of Wisconsin's Constitution and the Free Exercise clause of the First Amendment. The organization's press release refers to the bill as the Chemical Abortion Hospital Mandate.

British Town Council Concerned With Propriety of Opening Prayer

Contention over opening city council meetings with sectarian prayer has now made its way to Britain. This Is London reported yesterday that the National Association of Local Councils has advised the town council in Bideford, North Devon that its 400 year old tradition of opening meetings with a prayer may run afoul of Britain's Race Discrimination Act and its Human Rights Act. It may also violate Art. 9 of the European Convention on Human Rights. Town clerk George McLauchlan had asked the NALC for advice after one member of council proposed eliminating the prayer.

European Court Finds Greece Violated Religious Rights of Bar Applicant

Spero News today reports on a freedom of religion decision handed down last month by the European Court of Human Rights-- Alexandridis v. Greece (application number 19516/2006, ECHR, Feb. 21, 2008). The full text is available in French [word doc]. The Court held that Greece violated Art. 9 of the European Convention on Human Rights when it insisted that Theodoros Alexandridis, being sworn in as a member of the bar, sign a document indicating that he is not an Orthodox Christian before he was permitted to make a solemn declaration instead of taking a religious oath. The demand violated his right "not to have to manifest his religious beliefs". Alexandridis was awarded damages of 2000 Euros.

Bangladesh Backs Off Equal Property Rigths For Women After Clerics Protest

In Bangladesh last week, the interim government of Fakhruddin Ahmed announced a National Women Development Policy that included enactment of laws entitling women to equal property rights. (BBC). The proposal would have eliminated the disparity that now exists under which a daughter inherits only half as much as her brother. However, according to an AFP report yesterday, the government has changed course after objections from Islamic clerics and scholars. They say that the new proposal would be inconsistent with Islamic sharia law. Sharia governs inheritance and marriage for the 90% of the country's population who are Muslims. After threats of nationwide protests, law minister Hasan Arif said the government "does not have any plan to enact any laws that goes against the Koran and the traditions of Prophet Mohammad."

Israel's Supreme Court Finds Kibbutz Exception To Sabbath Closing Law

A three-judge panel of Israel's Supreme Court earlier this month overruled the decision of a regional Labor Court and held that the Hours of Work and Rest Law does not apply to stores owned by a kibbutz and operated by kibbutz members. March 7 Haaretz reported that the decision permits kibbutz businesses to remain open on Saturdays. [Thanks to Religion and State in Israel for the lead.]

Suit Claims NY State Kosher Inspectors Are Exceeding Their Authority

Yesterday's New York Jewish Week reports that a lawsuit has been filed in federal district court in New York by three kosher butchers who are seeking to require state inspectors to comply with a 2005 law that changed the way in which the state attempts to make sure that consumers are not misled when purchasing kosher meat. After the Second Circuit upheld a district court's determination that the state's prior kosher fraud law violated the Establishment Clause, the legislature passed a law creating an Internet database in which sellers of kosher food are required to submit specified information, particularly the name of the organization or individual that certifies their products as kosher. (Background). In the new lawsuit, butchers Brian, Jeffrey and Evelyn Yarmeisch claim that state inspectors are illegally second-guessing kosher supervisors' interpretation of Jewish law.

Second Muslim Elected To Congress

In Indiana on Tuesday, voters elected Andre Carson to Congress, making him the second Muslim ever to serve. Carson won a special election to fill out the House term of his grandmother. AP yesterday reported that Carson, a Democrat, had received 54% of the vote. Carson, raised as a Methodist, converted to Islam more than ten years ago. His district covers most of Indianapolis. (See prior related posting.) [Thanks to Melissa Rogers for the lead.]

Senate Committee Seeks Information Again From Prosperity Gospel Ministries

In developments being closely followed by Melissa Rogers blog, U.S. Senator Chuck Grassley, joined by Senate Finance Committee Chairman Max Baucus, has written four major prosperity gospel ministries for a second time seeking information about their financial affairs. (Full text of letters.) The Des Moines Register and the Tampa Tribune reported yesterday on developments. Grassley originally wrote six tele-evangelist asking for information about alleged misuse of donations. (See prior posting.) Two have adequately complied with the request. (See prior posting.) The Senate Finance Committee exercises oversight of the Internal Revenue Service, and of enforcement of tax laws relating to non-profit organizations.

California Home School Decision Provokes Strong Reaction

Last month's decision by a California appellate court that parents have no constitutional right to home school their children is drawing increasing protest around the state. (See prior posting.) On Monday, Yahoo News reported that Governor Arnold Schwarzenegger will seek legislative changes if the decision is not reversed. A commentary published yesterday by the Acton Institute makes the case against the decision. Meanwhile the Home School Legal Defense Association plans to file a petition with the California Supreme Court asking it to depublish the court of appeals decision, thereby depriving it of precedential effect in other California courts. HSLDA is circulating a petition online which it hopes to use in its request for depublication.

Parents who are homeschooling their children will likely not see any change in current state policies. According to Tuesday's San Diego Union-Tribune, State Superintendent of Public Instruction Jack O'Connell has said that the state will not change current policies that allow parents to home school if they file to be a small, private school and hire a credentialed tutor. Alternatively they can enroll their children in an independent study program supervised by an established school. [Thanks to Scott Mange for a lead to some of the material.]

Court Ordered Church Election Dismisses Pastor

In Beaumont, Texas last Friday, a federal district judge announced the results of a court-ordered church election. Yesterday's Beaumont Enterprise reports on the case that began last year when members of the Sunlight Missionary Baptist Church delivered a letter of dismissal to their pastor, Curtis Jean Johnson. Members charged him with intimidating people from the pulpit and using church money and a credit card for personal expenses. Last June the chair of the church's deacon board filed for a restraining order and temporary injunction to enforce the dismissal. The court granted the request and ruled that a vote of members should take place to resolve the matter. By a vote of 84 to 59, members have now decided that Johnson should leave the pulpit.

State Department's Country Report on Human Rights Released

Yesterday the U.S. State Department released the Country Report on Human Rights Practices for 2007. The report broadly surveys the human rights situation separately for each county in the world, including each country's respect for freedom of religion. An AP story today reviews highlights of the new report.

Univeristy Secular Society Revises Constitution In Hopes of Student Funding

The University of South Dakota's Student Government Association's Fiscal Guidelines exclude organizations "affiliated with or dedicated to a particular religion or religious point of view" from eligibility for funding from student activity fees. Volante Online today reports that, applying this provision, the University's Student Senate rejected general funding for the Student Secular Association-- though it can still request funds for speakers. This has led SSA to rewrite its constitution in hopes of qualifying for funding. The new draft constitution merely refers to the group as providing a community for "freethinkers", taking out references to "atheists, agnostics, humanists, [and] naturalists." It also substitutes examining "the universe and humanity" for the earlier language stating that one of its purposes was to examine "the universe and our place in it." Some senators saw no problems with the original constitution, saying that there is a difference between an organization that explores the reasons for personal belief and one that promotes religion.

Township Officials Sued For Raiding Church and Threatening Prosecution of Rock Band

On Monday, the Thomas More Law Center (TMLC) filed a federal lawsuit against the Waterford (Michigan) Township supervisor, prosecutor and two Waterford police officials. The suit charges that defendants infringed the freedom of speech, association and free exercise of religion of Faith Baptist Church and of a Christian rock band playing there. A release by TMLC and a long article in WorldNet Daily discuss details of the case. Apparently after a neighbor complained of the loud music from the Church's worship band, Prosecuting Attorney Walter Bedell arranged for uniformed police officers to raid the Church and threaten band members with disorderly conduct charges. Another raid ensued the following Sunday and the prosecutor personally conducted surveillance on the church from his parked car. The suit alleges that Waterford Township authorities targeted the Church because of the type of religious music it uses in its services. Meanwhile today's Detroit News reports that a separate lawsuit has been filed by a neighbor of the Church asking an Oakland County Circuit Court to limit the volume levels of the Church's music.

UPDATE: Here is the full text of the complaint in Faith Baptist Church v. Waterford Township. [Thanks to Brian D. Wassom]

Texas Education Commissioner Seeks AG's Opinion On Bible Courses

Yesterday's El Paso (TX) Times reports that Texas Education Commissioner Robert Scott has asked the state's attorney general for an interpretation of a new law that provides for elective high school courses on the Bible's impact on history and literature. (See prior posting.) The opinion request (full text) asks whether schools are required to offer such courses beginning next year, or whether the new law is merely permissive. Scott says the issue is complicated by the fact that the law requires the courses be taught only by teachers who have completed special training. However no funds have been appropriated by the legislature for the development of training materials.

Glendon Says Pope Is Intrigued With US Church-State Arrangements

Time Magazine yesterday reported on its interview with former Harvard Law Professor Mary Ann Glendon, the new U.S. Ambassador to the Holy See. Her immediate concern is coordinating the Pope's itinerary for his visit to the U.S. that begins April 15. Glendon said the Pope is "intrigued" by the way church-state issues are handled in the United States.

Suit Against Teacher For Anti-Christian Remarks Survives Motion To Dismiss

Yesterday's Orange County Register reports that a California federal court judge has refused to dismiss a suit against a Mission Viejo high school history teacher who allegedly made in-class remarks hostile toward religion and toward traditional Christian views on sexuality. (See prior posting.) Student Chad Farnan argues that Capistrano Valley High School teacher James Corbett's remarks violate the Establishment Clause by promoting hostility toward Christianity and "irreligion over religion." Judge James Selna, denying a motion for summary judgment, said that Farnan presented a "plausible case." A trial in the case will likely be held by the end of the year.

Turkish Court Says Another Legal Change Is Needed To End Headscarf Ban

The Danistay, Turkey's top administrative court, ruled Tuesday that YOK, the body that supervises Turkish higher education, moved too quickly in implementing recently adopted Constitutional amendments allowing women students to wear Muslim headscarves at universities. Reuters today reports the court found that a regulation governing YOK still needs to be amended before the ban on headscarves can be ended. It is expected that the government will move to amend the YOK regulation if the Constitutional amendments survive a pending challenge in the Constitutional Court. (See prior posting.)

New Guide To Tax Rules On Political Activity By Non-Profits Issued

The Pew Forum on Religion & Public Life has recently released Politics and the Pulpit 2008: A Guide to the Internal Revenue Code Restrictions on the Political Activity of Religious Organizations. The 23-page report in Question and Answer format is a plain English guide to rules governing political activity by non-profit organizations, including churches and religious organizations. A release by the Pew Forum says the publication is an update of earlier versions.

Audit Shows 2007 Claims and Payouts By Catholic Church In Abuse Cases

The AP reports that last Friday, the United States Conference of Catholic Bishops released the 2007 Annual Report on the Implementation of the Charter for the Protection of Children and Young People (full text of Annual Report). Summarizing some of the findings, the AP says that "in 2007, the number of sex abuse claims against Roman Catholic clergy dropped for the third consecutive year, but total payouts to victims nearly doubled to reach their highest level ever.... Last year, total abuse-related costs, including settlements, legal fees, therapy for victims and support for offenders, surpassed $615 million for dioceses and religious orders." The Annual Report also surveyed and made recommendations regarding compliance with child protection policies.

WA Passes Bill On Prison Chaplains and Moral Guidance for Prisoners

In Washington state, a unanimous vote by the state Senate gave final passage to Senate Bill 6400. As described in a release by its sponsor, the bill directs "the state Department of Corrections to study in-prison programs to help offenders build their moral character." The bill also provides that institutional chaplains appointed by the Department of Corrections "shall not be required to violate the tenets of his or her faith when acting in an ecclesiastical role." This latter provision, according to today's Tacoma News Tribune, is aimed at correcting problems highlighted earlier this year when a Catholic prison chaplain objected to permitting inmates to declare dual religious faiths. (See prior posting.) The bill now goes to the governor for his signature.