Two recent cases have broken new ground by granting Muslim prison inmates the right to receive Halal meals, rather than relegating them to receiving only the prison's vegetarian diet. In Hudson v. Dennehy, (D MA, March 5, 2008), a Massachusetts federal district court held that refusal by the Massachusetts Department of Corrections to provide a daily Halal menu to Muslim inmates violates RLUIPA. It found that the alternative vegetarian diet is not an adequate substitute. It also held that Muslim prisoners in the Special Management Unit must be permitted access to Jum'ah services through closed-circuit television. However the court upheld the DOC's policy of banning prayer rugs and instead furnishing Muslim inmates with prayer towels. Friday's Boston Business Journal reported on the decision, saying that it "marked the first time a U.S. court decided that Muslim inmates have a right to daily Halal meals and prayer services."
A week later in Perez v. Westchester County Department of Corrections, (SDNY, March 12, 2008), a New York federal district judge approved a settlement (full text) under which any Muslim inmate may now request and must receive Halal meals containing meat as frequently as Jewish prisoners receive kosher meat meals (currently 4 times per week). Friday's New York Law Journal reported on the case. Quoting one of the pro bono lawyers who filed the lawsuit, it reports that the settlement represents a "significant departure from current case law with respect to Muslim inmates' equal protection rights to receive Halal meals containing Halal meat, as opposed to a vegetarian diet, which up until this case was arguably the constitutionally reasonable alternative meal plan."
Sunday, March 30, 2008
Three Indicted on Misdemeanor Charges For Taking Turban From Head of Sikh Man
In Yoncalla, Oregon last week, a state grand jury indicted three men accused of taking a turban off the head of a Sikh truck driver. The grand jury concluded that the defendants should be charged with third-degree theft and misdemeanor harassment. The AP reports, however, that the grand jury refused to indict defendants on the felony charge of intimidation. That crime requires that an assault be committed due to the perception of a person's race, color, religion, national origin or sexual orientation. Assault victim Ranjit Singh was also distressed that the value of his turban became relevant to the appropriate theft charge. Oregon statutes (ORS Sec. 164.043) define theft in the third degree as involving property with a value under $50. Singh says his turban is priceless.
Court Discusses Free Exercise Rights of Civilly Commited Sex Offender
In a non-precedential decision, Marsh v. Liberty Behavioral Health Care, 2008 U.S. Dist. LEXIS 24347 (MD FL, March 27, 2008), a Florida federal district court decided several issues relating to the free exercise rights of an offender who was civilly confined under Florida's Involuntary Civil Commitment of Sexually Violent Predators' Treatment and Care Act. It held that an individual civilly confined under the act is not considered a "prisoner" for purposes of the Prison Litigation Reform Act. Thus the fact that previously, as a prisoner, plaintiff had filed 35 federal court actions did not limit his ability to bring this lawsuit.
Finding, however, that "a person who is civilly committed is in a position analogous to a criminally confined prisoner," the court applied the tests of Turner v. Safley to plaintiff's claim that his free exercise rights were violated when he was disciplined for practicing his "spiritual forms of Nisei GoJu-Ryu Karate." The Court concluded that it "need not make a determination whether martial arts is an essential component to Plaintiff's spiritual beliefs because the challenged FCCC policy is reasonably related to a legitimate security interest." The court however said that plaintiff could refile claims alleging that other actions of the Florida Civil Commitment Center staff interfered with his practice of Zen Buddhist meditation, but must articulate how this substantially burdens his ability to practice his faith.
Finding, however, that "a person who is civilly committed is in a position analogous to a criminally confined prisoner," the court applied the tests of Turner v. Safley to plaintiff's claim that his free exercise rights were violated when he was disciplined for practicing his "spiritual forms of Nisei GoJu-Ryu Karate." The Court concluded that it "need not make a determination whether martial arts is an essential component to Plaintiff's spiritual beliefs because the challenged FCCC policy is reasonably related to a legitimate security interest." The court however said that plaintiff could refile claims alleging that other actions of the Florida Civil Commitment Center staff interfered with his practice of Zen Buddhist meditation, but must articulate how this substantially burdens his ability to practice his faith.
New Jersey Governor To Sign Two Religious Accommodation Bills
Friday's New Jersey Jewish Standard reports that Gov. Jon Corzine will sign two religious protection bills into law next month in a ceremony at a Passaic synagogue. One is S. 1023, finally passed on March 13. It require that alternative testing arrangements be made available for students who are unable for religious reasons to take the SAT, LSAT, MCAT and similar college and professional school admissions tests on the regularly scheduled date. The second bill, mandates that employers provide alternatives to employees who have religious obligations on scheduled workdays. The second bill, passed in January and already signed by the governor in a private ceremony, is AB 3451. It requires employers to reasonably accommodate employees' who want time off to observe their Sabbath or religious holidays. These bills are part of a 7-bill package to protect religious liberty that have been introduced by Assemblyman Gary Schaer and Sen. Loretta Weinberg. (See prior posting.) Four of the seven have now been passed. Meanwhile Assemblyman Schaer is preparing a new package of religious accommodation bills for introduction into the legislature.
West Virginia County Decides Against Easter Cross After Legal Advice
Friday's Cumberland (MD) Times-News reported that, despite approval by the County Commission, no 7-foot tall cross was put up on the lawn of the Mineral County (WV) Courthouse over Easter weekend. Two days after Commission approval for the display that was to be sponsored by the Keyser Presbyterian Church, Americans United for Separation of Church and State filed a complaint on behalf of a county resident. County commissioners then contacted Chris Winberg, an attorney with the American Center for Law and Justice, who advised that "the proposed display could not be successfully defended in a court action." This led Commission President Janice LaRue to cancel permission, fearing the cost of legal fees that the county would have to pay in any legal challenge. [Corrected].
Saturday, March 29, 2008
Moderate Imam Faces Deportation Over Residency Application Omission
The International Herald Tribune reports that a moderate New Jersey Islamic leader is facing deportation because he failed to disclose on his 1999 application for permanent residency an in abstentia conviction by an Israeli military court of which he had no knowledge. The Israelis charged him with aiding Hamas militants. He says he merely assisted some Palestinian students, unaware of their political affiliations. Imam Muhammad Qatanani of Passaic's Islamic Center has been one of the country's most active Muslim leaders, openly reaching out to other religious groups and law enforcement authorities. An immigration judge will hear his case in May.
Police Officer Wins Damages In Religious Discrimination Case
A former part-time police officer who claimed he was fired because of his religious beliefs was awarded $100,000 in damages by a federal court jury in Pittsburgh, Pennsylvania. WTOV9 News today reported that Terryn Risk, who was employed by the Burgettstown (PA) Police Department, says his dismissal came primarily because he insisted on wearing a small cross on his police uniform and because he did not wish to work early Sunday morning hours that conflicted with church services.
Courthouse Holding Facility Found To Be Outside of RLUIPA Coverage
In Khatib v. County of Orange, (CD CA, March 26, 2008), a Muslim woman sued after she was ordered not to wear her hijab (traditional headscarf) in a state courthouse holding facility, and was not permitted to cover her head in the courtroom. In what was apparently a question of first impression, a California federal district court concluded that a courthouse holding facility is not an institution covered by the protections of the Religious Land Use and Institutionalized Persons Act. The court said: "The factors needed to create the atmosphere of stability inside jails and prisons that allows for exercise of religious freedoms without 'undermin[ing] . . . security, discipline, and order . . .' are utterly absent from courthouse holding facilities."
In other aspects of the case, the court permitted plaintiff to proceed with her First Amendment claim against the county, but dismissed the claim against two individual defendants on qualified immunity grounds. Plaintiff was also permitted to proceed with a claim for intentional infliction of emotional distress. Plaintiff's claim seeking an injunction was dismissed because she was not in immediate threat of again being asked to remove her hijab. The Los Angeles Metropolitan News-Enterprise reported on the court's decision.
In other aspects of the case, the court permitted plaintiff to proceed with her First Amendment claim against the county, but dismissed the claim against two individual defendants on qualified immunity grounds. Plaintiff was also permitted to proceed with a claim for intentional infliction of emotional distress. Plaintiff's claim seeking an injunction was dismissed because she was not in immediate threat of again being asked to remove her hijab. The Los Angeles Metropolitan News-Enterprise reported on the court's decision.
British Hindu Monks Threaten To Sue RSPCA Over Cow's Death
In Britain, six monks from Europe's largest Hindu Temple, Bhaktivedanta Manor, threatening to sue have served what is essentially a demand letter on Royal Society for the Prevention of Cruelty to Animals. According to yesterday's BBC News, the monks say that last December while they were at prayer, an RSPCA veterinarian euthanized an ailing cow being cared for at the Temple. Cows are sacred to those of the Hindu faith. The monks' letter demands that the RSPCA admit responsibility for trespass. RSPCA says it entered the property accompanied by the police who were carrying a valid warrant.
National Day of Prayer Task Force Criticized For Lack of Inclusiveness
The National Day of Prayer Task Force is excluding Jews, Catholics, Muslims, Buddhists, and even moderate evangelical Christians from taking lead roles in its events, according to a posting Thursday by Jews On First. In a message from Task Force Chair Shirley Dobson, those applying to become coordinators for this year's May 1 activities are asked to fill out an application "to determine your personal and spiritual qualifications for this service". The application itself says that the Task Force is organizing prayer events "conforming to a Judeo-Christian system of values." It then asks applicants to indicate they agree with a Statement of Belief that says that the Bible "is the inerrant Word of The Living God" and that the applicant believes "that Jesus Christ is the Son of God and the only One by which I can obtain salvation...." A Policy Statement from the task force says that "People with other theological and philosophical views are, of course, free to organize and participate in activities that are consistent with their own beliefs."
The Task Force claims only that it is "a privately funded organization whose purpose it is to encourage participation on the National Day of Prayer." However its website highlights official Presidential and Gubernatorial Proclamations marking the National Day of Prayer, and points out that the day was created in 1952 by a joint resolution of Congress. Last year the Task Force Chair played a leading role in the White House National Day of Prayer ceremony, but the White House added other participants to emphasize the inter-religious nature of the event.
The Task Force claims only that it is "a privately funded organization whose purpose it is to encourage participation on the National Day of Prayer." However its website highlights official Presidential and Gubernatorial Proclamations marking the National Day of Prayer, and points out that the day was created in 1952 by a joint resolution of Congress. Last year the Task Force Chair played a leading role in the White House National Day of Prayer ceremony, but the White House added other participants to emphasize the inter-religious nature of the event.
Original Web Host Pulls Much-Criticized Anti-Islam Video
Wired reports that on Friday, the video-hosting website LiveLeak took down the controversial anti-Islamic video Fitna from its website, replacing it with a statement reading in part: "Following threats to our staff of a very serious nature.... LiveLeak has been left with no choice but to remove Fitna from our servers. This is a sad day for freedom of speech on the net...." As previously reported, the video, produced by right-wing Dutch politician Geert Wilders, was posted by LiveLeak on Thursday along with its own statement defending free speech. The video, however, remains available on line from a number of servers, including Google Video and YouTube.
Meanwhile, according to the AP yesterday, artist Kurt Westergaard, whose controversial cartoon of Muhammad was used in the video, complained that Wilders had violated his copyright by taking the cartoon out of its original context. Condemnations of the video came from governments of Iran, Bangladesh, Indonesia, Pakistan, Singapore, Slovenia and Jordan as well as from U.N. Secretary General Ban Ki-moon. (Radio Netherlands Worldwide). Dutch Muslims were mild in their reactions to the video, as they waited for a court ruling, now promised for April 7, in which the Dutch Islamic Federation seeks to ban the video and obtain a court-ordered apology from Wilders. The Sunday Pakistan Daily Times says that Dutch businesses have threatened to sue Wilders if his video leads to a boycott of Dutch goods.
Meanwhile, according to the AP yesterday, artist Kurt Westergaard, whose controversial cartoon of Muhammad was used in the video, complained that Wilders had violated his copyright by taking the cartoon out of its original context. Condemnations of the video came from governments of Iran, Bangladesh, Indonesia, Pakistan, Singapore, Slovenia and Jordan as well as from U.N. Secretary General Ban Ki-moon. (Radio Netherlands Worldwide). Dutch Muslims were mild in their reactions to the video, as they waited for a court ruling, now promised for April 7, in which the Dutch Islamic Federation seeks to ban the video and obtain a court-ordered apology from Wilders. The Sunday Pakistan Daily Times says that Dutch businesses have threatened to sue Wilders if his video leads to a boycott of Dutch goods.
Friday, March 28, 2008
Legal Maneuvers In Russia Undercut Pastor's Suit Against Orthodox Bishop
Forum 18 this week reported on the latest in a series of legal maneuvers against a United Methodist church in the western Russian city of Smolensk. The saga apparently began when the Methodist church put up on its website information about the planned opening in September of a Missionary College. As reported by Forum 18 in February, at that point the local Russian Orthodox Bishop, Ignati (Punin) of Vyazma, asked the Regional Public Prosecutor "to take the measures necessary in this situation to defend the inhabitants of our city, particularly youth, from this pseudo-religious organisation." In response local police officials began investigating the church and demanded that it remove the website information about the missionary college. Feeling intimidated, the church's pastor, Aleksandr Vtorov, filed suit on behalf of the church for moral damages against Bishop Ignati in Smolensk's Industrial District Court. Now, in the latest moves, the Smolensk Regional Court, at the request of the Public Prosecutor's Office, has dissolved the Methodist congregation as a legal entity. The grounds for the dissolution were apparently that the church was conducting a brief Sunday school, attended by 4 children, without having a license to be an educational institution. This is a novel interpretation of the law. The dissolution does not totally ban the church, but it does prevent the pastor's suit against Bishop Ignati from going forward.
Anti-Semitic Incidents In U.S. Continue To Drop
The Anti-Defamation League last week released an updated Audit of Anti-Semitic Incidents in the United States for 2007. The data shows a 6% decline from 2006, reflecting the continuing drop in incidents over the past three years. The Audit includes both criminal and non-criminal acts of harassment and intimidation, including distribution of hate propaganda, threats and slurs. Data is obtained from official crime statistics as well as from informal reports made to ADL. Forty states and the District of Columbia are included in this year's figures.
Court Rejects Collateral Estoppel In Suit On Portrayal of Hindus In Textbooks
In California Parents for the Equalization of Educational Materials v. California Department of Education, 2008 U.S. Dist. LEXIS 23687 (ED CA, March 25, 2008), plaintiff (CAPEEM) alleges that the California State Board of Education violated the rights of its members by the process used in 2005-2006 to adopt public school history-social science textbooks. It also claims the 6th-grade textbooks that were chosen present Hinduism in a derogatory and unequal manner. In this decision, a California federal district court rejected defendant's motion for summary judgment. The State Board of Education argued that the identical claims were already adjudicated in a state court suit brought by the Hindu American Foundation (HAF). The district court held, however, that CAPEEM is not in privity with HAF for res judicata/collateral estoppel purposes, nor was its interests adequately represented in the state litigation to which it was not a party. (See prior related posting.)
Christian Converts In Egypt Face New Hurdles To Recognition
As reported last month, Egypt's Supreme Administrative Court held that twelve individuals who had converted to Islam and then back to Christianity were entitled to have their birth certificates and government identity papers reflect that they are Christian. However now, according to Journal Chretien, those individuals and others are facing new hurdles. Judge Muhammad Husseini, who in another case has ruled against the right of a Muslim to leave his religion, has asked Egypt's Supreme Constitutional Court to review the constitutionality of Egypt's civil law that grants citizens the right to convert. He argues that the law conflicts with Chap. One, Art. 2 of Egypt's Constitution that says Islamic jurisprudence is the main source of legislation.
Meanwhile Egypt’s Civil Status Department has turned down the request of one of the 12 successful plaintiffs in last month's litigation for new identity documents. In that case, the court ordered that new documents must carry the designation "Christian, previously proclaimed Islam as his/her religion." Officials say their computer system only permits them to enter one word on the religion line in the identity document.
Meanwhile Egypt’s Civil Status Department has turned down the request of one of the 12 successful plaintiffs in last month's litigation for new identity documents. In that case, the court ordered that new documents must carry the designation "Christian, previously proclaimed Islam as his/her religion." Officials say their computer system only permits them to enter one word on the religion line in the identity document.
UN Human Rights Council Calls for End To Religious Defamation
According to yesterday's International Herald Tribune, the United Nations Human Rights Council has passed, by a vote of 21-10, a resolution on Combating Defamation of Religions that was proposed by the Organization of the Islamic Conference [full text, word doc]. The resolution, expresses concern over "attempts to identify Islam with terrorism, violence and human rights violations,"and urges countries "to prohibit the dissemination, including through political institutions and organizations, of racist and xenophobic ideas and material aimed at any religion or its followers that constitute incitement to racial and religious hatred, hostility or violence."
Meanwhile, a group of 31 human rights, civil rights and press organizations called on the Human Rights Council to reject another amendment offered by the Organization of the Islamic Conference. The resolution would require the Special Rapporteur on Freedom of Expression to "report on instances where the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination." The statement by the concerned organizations argues: "The role of the Special Rapporteur is not to look at abusive expression, but to consider and monitor abusive limits on expression." (IFEX Press Release, 3/28).
Meanwhile, a group of 31 human rights, civil rights and press organizations called on the Human Rights Council to reject another amendment offered by the Organization of the Islamic Conference. The resolution would require the Special Rapporteur on Freedom of Expression to "report on instances where the abuse of the right of freedom of expression constitutes an act of racial or religious discrimination." The statement by the concerned organizations argues: "The role of the Special Rapporteur is not to look at abusive expression, but to consider and monitor abusive limits on expression." (IFEX Press Release, 3/28).
EEOC's Claim of Discrimination Against Muslim Employee Is Settled
The Belleville News-Democrat yesterday reported that a suburban St. Louis company has settled a religious discrimination lawsuit brought against it by the EEOC on behalf of a Muslim woman. Mariam Soultan, former employee of Client Services, Inc., claims she was fired because she refused to remove her religious headscarf. The compay has agreed to pay $65,000 in damages and to revise its dress code.
Indy Star Employees Lose Religious Discrimination Claims
In Patterson v. Indiana Newspapers, Inc., (SD IN, March 27, 2008), an Indiana federal district court rejected religious discrimination claims brought by two editorial employees against the publisher of the Indianapolis Star newspaper. Plaintiffs alleged that the newspaper's president and vice president conspired to force them out of their jobs because the executives disagreed with plaintiffs' religious opposition to homosexuality. Plaintiffs also claimed that the Star has more generally attempted to eliminate Christians from its workforce. The court found, however, that the newspaper had other legitimate non-pretextual reasons to take action against plaintiffs. [Thanks to Sarah Pulliam for the lead.]
Wilders' Anti-Quran Video Is Posted On Video Hosting Website
As reported yesterday by CNN and the Washington Post, right wing Dutch politician Geert Wilders' 16-minute video attacking the Quarn and Islam has found an Internet host. LiveLeak.com has posted the 16 minute film titled "Fitna" in English and Dutch versions. The first 9 minutes counterpose verses from the Quran with graphic scenes of terrorism, violence and murder seemingly inspired by the Quranic language. The remainder of the video pursues the theme "Netherlands under the spell of Islam." Near the end of the video, Islamic ideology is compared with Nazism and Communism. The final frame shows the notorious cartoon of Muhammad in a turban in the shape of a bomb-- with the bomb exploding.
LiveLeak also posted its own statement explaining its decision to host the video on free speech grounds. It invited opponents to respond and promised equal exposure for the responses so long as they comply with law and LiveLeak rules. It has already posted, along with the Wilders' video, one from Radio Netherlands Worldwide giving a counter view. It is titled "About Fitna, the Netherlands and Wilders." Arsalan Iftikhar, a contributor to Islamica Magazine, said he doubted that the Wilders' video would trigger violence. However the U.S. Department of Homeland Security and the FBI, as well as European officials, have warned that the video's release could spark protests. (See prior related posting.)
UPDATE: Reuters this morning reports that Dutch Muslim organizations have reacted with restraint to the Wilders video. They have appealed for calm and plan to open mosques to the public today in a move to reduce tensions. Yesterday Prime Minister Jan Peter Balkenende spoke live on television in both Dutch and English saying that he rejected Wilders' views. The Washington Times quotes Leiden University Professor Maurits Berger who said that the video was not as shocking as expected. It did not show a page being torn from the Quran-- but only the sound of a phone book page being torn with a suggestion that Muslims themselves should tear out hateful pages from the Quran.
LiveLeak also posted its own statement explaining its decision to host the video on free speech grounds. It invited opponents to respond and promised equal exposure for the responses so long as they comply with law and LiveLeak rules. It has already posted, along with the Wilders' video, one from Radio Netherlands Worldwide giving a counter view. It is titled "About Fitna, the Netherlands and Wilders." Arsalan Iftikhar, a contributor to Islamica Magazine, said he doubted that the Wilders' video would trigger violence. However the U.S. Department of Homeland Security and the FBI, as well as European officials, have warned that the video's release could spark protests. (See prior related posting.)
UPDATE: Reuters this morning reports that Dutch Muslim organizations have reacted with restraint to the Wilders video. They have appealed for calm and plan to open mosques to the public today in a move to reduce tensions. Yesterday Prime Minister Jan Peter Balkenende spoke live on television in both Dutch and English saying that he rejected Wilders' views. The Washington Times quotes Leiden University Professor Maurits Berger who said that the video was not as shocking as expected. It did not show a page being torn from the Quran-- but only the sound of a phone book page being torn with a suggestion that Muslims themselves should tear out hateful pages from the Quran.
Thursday, March 27, 2008
Florida Senate Committee Approves Bill Allowing Anti-Evolution Theories In Class
The Tampa Tribune reports that opponents of Florida's recently adopted science education standards took their first step in the legislature yesterday to counter the State Board of Education guidelines that specifically call for the teaching of evolution. (See prior posting.) The Senate Education Committee, by a vote of 4-1, approved S. 2962, Sen. Ronda Storms "Academic Freedom" bill that would permit public school teachers to "present scientific information relevant to the full range of views on biological and chemical origins." It would also prohibit penalizing students for holding particular views on evolution. The bill now goes to the Senate Judiciary Committee.
9th Circuit Upholds 10 Commandments Display
In Card v. City of Everett, (9th Cir., March 26, 2008), the U.S. 9th Circuit Court of Appeals rejected an Establishment Clause challenge to a 10 Commandments monument on the grounds of the Everett, Washington city hall. The monument was presented to the city by the Fraternal Order of Eagles in 1959. Judge Wardlaw, writing for the court, pointed out that the context surrounding this display is similar to that in the display that was upheld by the U.S. Supreme Court in Van Orden v. Perry:
Judge Fernandez, agreeing that the result was controlled by Van Orden, concurred in a short, but interesting, opinion that reads in part:this monument bears a prominent inscription showing that it was donated to the City by a private organization. As in Van Orden, this serves to send a message to viewers that, while the monument sits on public land, it did not sprout from the minds of City officials and was not funded from City coffers.
Reuters yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]I applaud Judge Wardlaw’s scholarly and heroic attempt to create a new world of useful principle out of the Supreme Court’s dark materials. Alas, even my redoubtable colleague cannot accomplish that. The still stalking Lemon test and the other tests and factors, which have floated to the top of this chaotic ocean from time to time in order to answer specific questions, are so indefinite and unhelpful that Establishment Clause jurisprudence has not become more fathomable. Would that courts required neutrality in the area of religion and nothing more or less.
Floridians Will Vote On Repeal of Blaine Amendment In November
The AP reports that yesterday Florida's Taxation and Budget Reform Commission voted 17-7 to place before the voters in November a constitutional amendment that would repeal the state's Blaine Amendment. More specifically, the TBRC's resolution (full text) proposes to delete from Article I, Sec. 3 of Florida's Constitution the following language:
The Taxation and Budget Reform Commission postponed action on a second proposed constitutional amendment that would permit the creation of voucher programs despite the state constitution's provision requiring a uniform system of free public schools. That provision was relied upon by Florida's Supreme Court in 2006 to strike down the state's Opportunity Scholarship Program without reaching the "no aid" question. (See prior related posting.)
It also would add the following sentence: "Individuals or entities may not be barred from participating in public programs because of religion." The proposed amendment is fueled by a 2004 Florida appellate court decision that relied on the"no aid" clause to strike down a state voucher program for parents of children in failing schools known as the Opportunity Scholarship Program.No revenue of the state or any political subdivision or agency thereof shall ever be taken from the public treasury directly or indirectly in aid of any church, sect, or religious denomination or in aid of any sectarian institution.
The Taxation and Budget Reform Commission postponed action on a second proposed constitutional amendment that would permit the creation of voucher programs despite the state constitution's provision requiring a uniform system of free public schools. That provision was relied upon by Florida's Supreme Court in 2006 to strike down the state's Opportunity Scholarship Program without reaching the "no aid" question. (See prior related posting.)
California Court Grants Rehearing In Home School Case
Yesterday's San Francisco Chronicle reports that California's Second District Court of Appeal has granted a rehearing in In re Rachel L., a case that rejected a claim by parents that they have a First Amendment free exercise right to home school their children. (See prior posting.) Under the court's original ruling, home school parents must file to be a small, private school and hire a credentialed tutor. (See prior posting.) In the case, the parents argued unsuccessfully that they are in compliance with state law because a private religious academy considers the children enrolled in its independent study program and visits them four times per year.
UPDATE: In an expanded order, the Second District Court of Appeals has asked the California Superintendent of Public Instruction, the State Board of Education, the Los Angeles school district, the California Teachers Association and the Los Angeles teachers' union to all express their opinions on homeschooling as the court reconsiders its decision. (World Net Daily, 3/27).
UPDATE: In an expanded order, the Second District Court of Appeals has asked the California Superintendent of Public Instruction, the State Board of Education, the Los Angeles school district, the California Teachers Association and the Los Angeles teachers' union to all express their opinions on homeschooling as the court reconsiders its decision. (World Net Daily, 3/27).
British Prime Minister Backs Off Proposed Repeal of Act of Settlement
Today's London Telegraph reports that British Prime Minister Gordon Brown is having second thoughts about a proposal he intended to make-- repealing the 1701 Act of Settlement. The ancient law requires the monarch to be in communion with the Church of England and prohibits the monarch from embracing Catholicism or marrying a Catholic. Originally intended to entrench the concept of constitutional monarchy, the law is now seen as an insult to Catholics. It is reported that the Queen had given her approval to repeal of the law, but then experts found that the legal issues were more complicated than they first appeared. The monarch is also the head of the Anglican Church, a position that could not be held by a Catholic monarch. So repeal would likely lead to disestablishment of the Church of England. Also the 16 Commonwealth countries would have to agree, since the Queen is also formally head of state of those nations. The 1707 Act of Union would also need to be amended and special legislation on the rights of the House of Windsor would be required.
Texas Board of Education Poised To Adopt Bible Course Curriculum Standards
The Austin (TX) American-Statesman reports that the Texas State Board of Education could give preliminary approval as early as this week to new standards for elective high school courses on the Old and New Testaments' Impact on History and Literature of Western Civilization. The proposed curriculum requirements (full text) provide that the purpose of any such course is to: "teach students knowledge of biblical content, characters, poetry, and narratives that are prerequisites to understanding contemporary society and culture, including literature, art, music, mores, oratory, and public policy." The course is also intended to familiarize students with the contents, history and literary style and structure of the Hebrew Scriptures or of the New Testament. It should also examine their influence on law, history, government, literature, art, music, customs, morals, values, and culture.
The new standards implement 2007 legislation authorizing such courses. (See prior posting.) Critics however say the Board of Education's proposals are similar to those in place before the new law under which a number of Texas districts were already offering Bible courses. They say guidelines should focus more on First Amendment concerns. SMU professor Mark Chancey found that 22 out of 25 Bible courses offered in Texas public schools in 2005-2006 likely violated the First Amendment based on criteria in various federal court rulings.
UPDATE: On Friday, by a vote of 13-2, the Texas State Board of Education approved the guidelines for high school Bible courses. However it put off adopting more specific curriculum content requirements until the Texas Attorney General rules whether the courses must be offered by all high schools. (Dallas Morning News.)
The new standards implement 2007 legislation authorizing such courses. (See prior posting.) Critics however say the Board of Education's proposals are similar to those in place before the new law under which a number of Texas districts were already offering Bible courses. They say guidelines should focus more on First Amendment concerns. SMU professor Mark Chancey found that 22 out of 25 Bible courses offered in Texas public schools in 2005-2006 likely violated the First Amendment based on criteria in various federal court rulings.
UPDATE: On Friday, by a vote of 13-2, the Texas State Board of Education approved the guidelines for high school Bible courses. However it put off adopting more specific curriculum content requirements until the Texas Attorney General rules whether the courses must be offered by all high schools. (Dallas Morning News.)
Court Says Dissident Church's Property Belongs To Long Island Episcopal Diocese
Episcopal News Service reported yesterday that a Queens County, New York trial court has ruled that the property of the breakaway St. James' Episcopal Church in Elmhurst is held in trust for the Diocese of Long Island. In 2005, a majority of St. James' members voted to affiliate with the more conservative Anglican Church in America. The breakaway members had sued claiming entitlement to Church property because the parish was created by the Church of England before the Episcopal Church came into existence. The court ruled, however, that St. James became an Episcopal parish after the American Revolution.
Court Rejects First Amendment Defense To Title VII and Defamation Claims
In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 23193 (D NE, March 24, 2008), a Nebraska federal district court rejected First Amendment defenses and permitted a Catholic assistant pastor to proceed with a Title VII claim against the Archdiocese of Omaha, and defamation claims against the Archdiocese as well as the pastor and archbishop involved. Ernest Ogugua claimed that he was reassigned to another church because of his race, his national origin, and his refusal to submit to sexual harassment by a supervisor. Distinguishing an earlier 8th Circuit decision, the court concluded that it would not dismiss Ogugua's Title VII claim on jurisdictional grounds, but instead permit him to file an answer in order to determine whether it can adjudicate the claim without entangling the court in matters of religion. It did dismiss the claim against his supervisors since they were not his employer for Title VII purposes.
After Ogugua was transferred, the archbishop sent an e-mail to parishioners stating that Ogugua was reassigned due to "serious concerns" that arose. The court here also rejected a First Amendment defense and permitted Ogugua to proceed with his defamation claim against all the defendants. Nothing in the e-mail indicated that the concerns with which Ogugua was charged were ecclesiastical in nature.
After Ogugua was transferred, the archbishop sent an e-mail to parishioners stating that Ogugua was reassigned due to "serious concerns" that arose. The court here also rejected a First Amendment defense and permitted Ogugua to proceed with his defamation claim against all the defendants. Nothing in the e-mail indicated that the concerns with which Ogugua was charged were ecclesiastical in nature.
Wednesday, March 26, 2008
Home Schooling Among Muslim Families Is Growing, But Controversial
In a story from Lodi, California today, the New York Times reports on the trend among Pakistani and other southeast Asian families to home school girls when they reach high school age. Reasons include prejudice encountered in public schools and clashes with religious and cultural traditions. In the Lodi district, 38 out of 90 high school girls, but only 7 out of 107 boys, from Pakistani and southeast Asian families are being home schooled. Many Pakistani Muslim families in Lodi are attempting to recreate their traditional conservative social culture. On a smaller scale across the country, home schooling is an option chosen by some Muslim families though the choice is a controversial one among Muslims. One California mother home schooling her children said that home school parents tend to be converts to Islam. Immigrant parents, she said, more often want American public school educational opportunities for their children.
Court Upholds Reprimand of Pharmacist Who Refused To Fill Prescription
In Noesen v. State of Wisconsin Dept. of Regulation & Licensing, (WI Ct. App., March 25, 2008), a Wisconsin state appellate court upheld the state Pharmacy Examining Board’s decision reprimanding a pharmacist who refused, on religious grounds, to fill or transfer a customer's prescription for oral contraceptives. The court rejected pharmacist Neil Noesen's argument that his right of conscience, protected by the Wisconsin Constitution (Art. I, Sec. 18), was infringed. The condition imposed by the Pharmacy Board for Noesen's violation of the required standard of care merely required Noesen, who works through a pharmacist placement agency, to make his religious objections known to his employer before he begins at any pharmacy. The court said that this will facilitate rather than burden Noesen's ability to exercise his conscientious objection. AP yesterday reported on the court's decision.
Saudi's King Abdullah Wants Interfaith Dialogue
King Abdullah of Saudi Arabia has for the first time proposed a dialogue between Christianity, Judaism and Islam. Yesterday's London Times reports that the king, following up on his November trip to the Vatican, made his announcement at a forum in Riyadh. Expressing concern over the disintegration of families and the rise of atheism around the world, he said: "If God wills it, we will then meet with our brothers from other religions, including those of the Torah and the Gospel to come up with ways to safeguard humanity."
9th Circuit Holds Segregated Inmates Must Still Get Access To Religious Services
In Pierce v. County of Orange, (9th Cir., March 24, 2008), the U.S. 9th Circuit Court of Appeals ruled that Orange County (CA) jails are systematically denying inmates in administrative segregation access to religious services in violation of their First Amendment rights. It held that"a detainee’s placement in administrative segregation does not, standing alone, justify a complete denial of opportunities to practice religion." The court found that a previously issued injunction requiring that inmates in administrative segregation be given once-per-week access to scheduled religious services, a chapel visit or a meeting with a religious adviser should continue to be enforced. The holding was part of a lengthy opinion in a class action lawsuit that also challenged other jail conditions. Reporting on the decision yesterday, the Orange County Register said that most of the jail inmates in administrative segregation are those charged with sex crimes.
Dali Lama's Threat Could Separate Religion and State In Tibet
Today's Los Angeles Times explores the church-state implications of the Dali Lama's threat last week to resign over violence in Tibet. (Time 3/18). The threat, according to a top aide of the leader, is to resign only as head of state. This would for the first time break Tibetan Buddhism's centuries-old tradition of uniting in one person the religious and political leader. The move might however permit the Dali Lama to select his own successor, thereby undermining the legitimacy of anyone chosen by the Chinese government which formally has the final authority in choosing high lamas and their reincarnations. Meanwhile, according to the AP, China's Public Security Minister Meng Jianzhu has announced that "patriotic education" classes at Tibetan monasteries will be expanded. Under threat of jail, monks and nuns are forced into these sessions at which they are required to make ritual denouncements the Dalai Lama and proclaim their loyalty to the Chinese government in Beijing.
Clinton Says Obama Should Have Left His Church Over Pastor's Remarks
Hillary Clinton yesterday said she had a different view than does Barack Obama on how Obama should have reacted to controversial statements by his long-time pastor, Rev. Jeremiah Wright. CNN reported on Clinton's statements. Suggesting that Obama's speech last week was an insufficient response to the controversial clergyman, Clinton in a news conference said: "I think given all we have heard and seen, he would not have been my pastor." And in remarks during an interview, she stated: "You don't choose your family, but you choose what church you want to attend."
Algeria Closes Protestant Churches That Lack Permits
The Christian Post reported yesterday that Algeria has apparently begun for the first time to enforce a 2006 law that requires non-Muslim congregations to obtain a permit from their regional prefecture before holding religious services. Thirteen Protestant churches have been closed down since November by government order, though no official reason has been given for the action. Pastor Mustapha Krim, president of the Protestant Church of Algeria, has made a formal request to government officials for an explanation of the closings.
Tuesday, March 25, 2008
Muslim NYPD Officer's Discrimination Suit Survives Dismissal Motion
Yesterday's BNA E-Commerce Law Daily reports on last month's decision in John Doe Anti-Terrorism Officer v. City of New York, (SDNY Feb. 6, 2008). In the decision, a New York federal district court denied a motion to dismiss hostile work environment claims brought by a Muslim Arab-American law enforcement officer against Bruce Tefft, a counter terrorism advisor hired by the New York City Police Department. Tefft for over three years sent his colleagues in the Intelligence Division and his NYPD supervisors discriminatory anti-Muslim and anti-Arab e-mail briefings. Plaintiff was ordered to receive these briefings as part of his duties with the NYPD's Intelligence Division. Tefft also directly stated to Plaintiff's colleagues that they should not trust any Muslim in law enforcement. Plaintiff's supervisors ignored his complaints about the harassment.
The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)
The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.
The court rejected Tefft's arguments that his e-mails were a form of political speech protected by the First Amendment, as well as his argument that he was sheltered from liability by provisions of the Communications Decency Act that protect computer service providers that host third-party content. The court also rejected several other defenses to plaintiff's state and federal discrimination claims. (See prior related posting.)
The New York Times reported last week that plaintiff has now added new charges to his complaint, alleging that police have retaliated for his filing suit by removing him from his skilled undercover assignment and transferring him “back to a dead-end position” with the Department of Correction.
Saudis, Germany Try New Approaches To Encourage Development of Moderate Islam
Two developments reported yesterday illustrate innovative attempts by governments around the world to press Muslims for ideological change in the direction of moderation. UPI reported that the Saudi Arabian government is beginning a program to retrain 40,000 Islamic clerics in a "culture of dialogue … centrism and moderation." King Abdulaziz Center for National Dialogue "in cooperation with" the Ministry of Islamic Affairs will be conducting the training.
Meanwhile, Reuters reported yesterday that in the German states of North Rhine Westphalia and Hamburg, officials are using a new comic strip to encourage young people to adopt a moderate mainstream version of Islam. A new comic adventure, distributed to every secondary school in North Rhine Westphalia, features schoolboy hero Andi. In it, his girlfriend Ayshe and her brother Murat fall under the influence of a radical friend and an Islamic extremist preaching hate. This is part of a broader attempt to use pop culture figures to prevent young people from being drawn into radical Islamist groups.
Meanwhile, Reuters reported yesterday that in the German states of North Rhine Westphalia and Hamburg, officials are using a new comic strip to encourage young people to adopt a moderate mainstream version of Islam. A new comic adventure, distributed to every secondary school in North Rhine Westphalia, features schoolboy hero Andi. In it, his girlfriend Ayshe and her brother Murat fall under the influence of a radical friend and an Islamic extremist preaching hate. This is part of a broader attempt to use pop culture figures to prevent young people from being drawn into radical Islamist groups.
British Teachers Union Proposes Single System of Multi-Faith Schools
Britan's National Union of Teachers meeting at its 2008 Annual Conference has proposed a dramatic restructuring of the British school system that would eliminate separate state-supported faith schools and replace them with a single school system that would offer children a choice of religious instruction in any of a number of faiths, or a choice of no religious instruction. Separate prayer facilities for each faith would be made available inside schools. Holiday observances and religious jewelry and headscarves would be accommodated. Today's London Guardian and the Daily Express report that under the plan, all schools would become practicing multi-faith institutions. Preferential admissions to any school on the basis of belief would be eliminated.
The plan was developed after research indicated that faith schools were creating social, ethnic and religious segregation. Opposition to the proposal immediately surfaced from Conservative Party MP's, secularists and the Church of England. Muslim and Jewish spokesmen had a mixed response.
The plan was developed after research indicated that faith schools were creating social, ethnic and religious segregation. Opposition to the proposal immediately surfaced from Conservative Party MP's, secularists and the Church of England. Muslim and Jewish spokesmen had a mixed response.
Christians In Cayman Islands Express Concern Over Bill of Rights Proposal
In the Cayman Islands, the Government has proposed a Bill of Rights for the country. Cayman Compass reported yesterday however that there is growing concern over the impact of the proposal on the country's traditional Christian heritage. Human Rights Committee deputy chair, Vaughan Carter, responding to those concerns, said last week that "Human rights principles and the inclusion of rights of religion for all people do not prohibit the recognition of Christmas, the [right for schools to hold] nativity plays or for aspects of Christianity to happen in schools." He said the government is not proposing U.S.-style separation of church and state. He also said that the definition of marriage should not be in the Constitution, but instead left to religious groups. The HRC is expected to release its position on the Government’s proposal later this week. Earlier this month, over a dozen Cayman clergy attended a meeting called by the United Democratic Party to express their concern over the Bill of Rights proposal. (Cayman Compass, March 11).
Catholic Opposition To Embryo Research Bill In Britain
The London Daily Mail reports today that British Prime Minister Gordon Brown is facing a rebellion by 12 Catholic members of Commons, including three cabinet members, over the government's proposed law on embryo research. Catholic Church leaders have particularly criticized provisions that would permit the laboratory combination of animal eggs and human DNA, would allow lesbian couples to register as parents, and would permit the creation of genetically selected "saviour" siblings who could be donors for medical treatment of their brothers or sisters. The Government may be forced to allow Labour MPs to vote their conscience on the bill. Votes of Conservative and Liberal Democrat MPs may be necessary to get it passed. Tory leader David Cameron supports the bill-- his son was born with a neurological disease. Supporters accuse Catholic leaders of misleading the public about what is in the bill. [Thanks to Scott Mange for the lead.]
New Online Resource-- "Religion Dispatches"
A new online resource on religion, values and public life made its debut last month--it is titled Religion Dispatches. With a half dozen collaborating academic institutions, a distinguished advisory council and a four-person staff, the site features articles, a blog, links to current news articles and other features. Here is how it describes its mission: "The goal of RD is to inform public debate by analyzing and critically engaging the role of religion and values on the most vital issues of our time. This will involve bringing a wider spectrum of perspectives into the conversation, especially voices that have been marginalized in most media, and increasing attention to progressive expressions of religion and values." A link to Religion Dispatches is now on the Religion Clause sidebar under "Resources".
Monday, March 24, 2008
First Nation Says Canadian Officials Violated Religious Rights By Dousing Fire
In Thunder Bay, Ontario last week, a judge sentenced the Chief and six Council members of one of Canada's First Nations, the Kitchenuhmaykoosib Inninuwug (KI), to six months in jail for contempt of court. The conviction grew out of their staging a demonstration to block a mining company from access to Big Trout Lake, access which had been granted to the company by a court order. (Anishinabek Nation press release, 3/17). Yesterday the situation escalated into a religious freedom dispute. The Exchange Morning Post reports that First Nation supporters of the arrested leaders showed up outside the Thunder Bay jail where they are held and lit a Sacred Fire in their support. The Police and Fire Marshall's office extinguished the fire. Now the KI are claiming that this was suppression of a First Nation traditional spiritual ceremony in violation of Canada's Charter of Rights and Freedoms.
Repeat Defendant Sentenced To Attend Church
The Quad City Times and Quad Cities Online report that in Davenport, Iowa last Wednesday, Scott County Associate Court Judge Christine Dalton sentenced Pachina Tehran Hill, as part of his probation, to attend the men's counseling program at Third Missionary Baptist Church in Davenport and to attend church services there for eight consecutive weeks. Easter services yesterday was the first mandatory service. Hill's attorney proposed the counseling alternative, and prosecutor Marc Gellerman requested that the church attendance requirement be added. Hill agreed. Rogers Kirk, pastor at Third Missionary Baptist, will report to the court on Hill's progress in the program. Hill has been arrested more than 60 times and has been in and out of jail since he was 14. The latest sentence grows out of a prosecution on a number of charges after police tried to stop Hill for traffic violations. He led them on a chase from Rock Island to Davenport, where he stopped his car and tried to flee on foot. At the time he was already on probation for similar violations.
Dutch Politician's Anti-Islam Film Triggers Website Suspension and Lawsuit
AFP reported yesterday that the U.S. web hosting company, Network Solutions, has temporarily shut down the website of right wing Dutch politician Geert Wilders. The site publicized the short movie extremely critical of the Quran that Wilders is currently producing. Wilders was likely planning to use the website to show the video. (See prior posting). Now when a viewer clicks on Wilder's URL, this notice from Network Solutions appears: "This site has been suspended while Network Solutions is investigating whether the site's content is in violation of the Network Solutions Acceptable Use Policy. Network Solutions has received a number of complaints regarding this site that are under investigation." Among the content banned by the company's Policy is "material that is ... libelous, unlawful, harassing, ... hate propaganda ... or otherwise objectionable material of any kind or nature."
On Friday, the Netherlands Islamic Federation filed suit in The Hague, asking a court to set up a panel of censors to review the film. (AFP). The court will rule on the petition by March 28, but Wilders hopes to release the film before that in order to avoid showing it to censors. Al Jazeera reported on Sunday that Dutch officials fear that release of the movie could trigger violent protests. Meanwhile, a Dutch cultural organization has encouraged individuals to video themselves dressed as Wilders saying "I am sorry", and to post those videos online.
On Friday, the Netherlands Islamic Federation filed suit in The Hague, asking a court to set up a panel of censors to review the film. (AFP). The court will rule on the petition by March 28, but Wilders hopes to release the film before that in order to avoid showing it to censors. Al Jazeera reported on Sunday that Dutch officials fear that release of the movie could trigger violent protests. Meanwhile, a Dutch cultural organization has encouraged individuals to video themselves dressed as Wilders saying "I am sorry", and to post those videos online.
Pope's Baptism of Muslim Journalist May Create New Tensions
Today's London Times says that Pope Benedict XVI is risking renewed tension with the Islamic world because of his high profile baptism of Muslim journalist Magdi Allam at the Vatican's Easter midnight Mass. (See prior posting.) Allam has made a rift more likely because of a letter (full text in Italian) he has published in Corriere della Sera, the Italian newspaper of which he is a deputy editor. Referring to his baptism, Allam said that his soul had been "liberated from the obscurantism of an ideology which legitimizes lies and dissimulation, violent death, which induces both murder and suicide, and blind submission to tyranny". He said that instead he had "seen the light" and joined "the authentic religion of Truth, Life and Liberty."
Minneapolis Schools Working With Churches To Get Help For Students
Yesterday's Twin Cities Daily Planet reports on the growing faith-based partnerships between churches and Minneapolis public schools. Under the Minneapolis School Board's Strategic Plan adopted last December, the schools reach out to faith-based instituitons seeking to have individual churches partner with a school. Some churches send tutors into the school; others have after-school programs on church premises. While there are no formal guidelines, the schools negotiate the scope of the program to avoid religious content that would create church-state issues.
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).
- 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.
Sunday, March 23, 2008
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.
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.
Saturday, March 22, 2008
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.
Friday, March 21, 2008
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).
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.]
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.
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.
Thursday, March 20, 2008
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."
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.
Wednesday, March 19, 2008
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.
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