Recent Prisoner Free Exercise Cases

In Kaufman v. Karlen, 2008 U.S. App. LEXIS 6181 (7th Cir., March 20, 2008), the U.S. 7th Circuit Court of appeals upheld a district court's rejection of claims by an atheist inmate who complained that he was not permitted to wear a silver circle pin which authorities found had nothing to do with religion. The court also upheld the prison library's delay in processing atheist books that had been donated to it.

In Pogue v. Woodford, 2008 U.S. Dist. LEXIS 22438 (ED CA, March 21, 2008), a California federal magistrate judge recommended that prison officials be required, in response to plaintiff's interrogatories, to furnish any state-wide guidelines issued by the Department of Corrections and Rehabilitation regarding Muslim inmates' ability to practice Islam, as well as any information they have on why the prisons at which plaintiff has been housed have different Operational Procedures concerning how Islam is to be practiced.

In Dean v. Corrections Corporation of America, 2008 U.S. Dist. LEXIS 24862 (ND MS, March 28, 2008), a Mississippi federal district court upheld the application of RLUIPA to a private company which under contract with the state provides prison facilities. It held however that a prisoner whose rights were violated by the denial of a diet meeting his religious needs is limited to recovering nominal damages.

In Daly v. Davis, 2008 U.S. Dist. LEXIS 24851 (SD IL, March 28, 2008), and Illinois federal district court upheld a prison's requirement that in order for inmates to continue to qualify for the kosher food program, they may not eat, purchase or possess non-kosher food. The strict kosher diet requirement, according to the court, did not substantially burden plaintiff's religious exercise.

In Thomas v. Picio, 2008 U.S. Dist. LEXIS 24828 (SD NY, March 26, 2008), a New York federal district judge found that plaintiff's assertion that she was denied kosher meals for several days was unsupported by her testimony.

Robinson v. City of New York, 2008 U.S. Dist. LEXIS 25001 (SD NY, March 5, 2008), is another opinion in a series of cases brought by Muslim prisoner's at Rikers Island challenging the way in which prison personnel prepare and handle Halal meals as well as the manner of sale of food in the prison's commissary. The court concluded that plaintiffs have standing and permitted them to proceed to trial on their claim that the failure to list the non-Halal products in commissary items leads to their mistaken purchase by Muslim inmates who then place that food on the Halal trays in the dining facility, contaminating the trays for other observant users. However qualified immunity excused two correctional officers who merely worked in the commissary.

In Eberle v. Wilkinson, 2008 U.S. Dist. LEXIS 25067, (SD OH, March 28, 2008), an Ohio federal magistrate judge ruled that an inmate's claim that he was denied the opportunity to freely exercise his Asatru religious beliefs should be asserted as part of a pending class action instead of in this individual lawsuit.

In Perez v. Frank, 2008 U.S. Dist. LEXIS 25196 (ED WI, March 28, 2008), a Wisconsin federal district court dealt with a variety of RLUIPA and free exercise claims brought by two Sunni Muslim inmates. The court granted defendants' motion for summary judgment as to denial of the inmates' ability to participate in a religious discussion group, denial of various religious items, claims regarding Halal food, claims regarding the prison's urinalysis policy, and the food served for Eid al Fitr. However the court refused to grant summary judgment to defendants on claims regarding scheduling of the Eid al Fitr celebration and the celebration of Eid-ul-Adha. The court also rejected Establishment clause and equal protection claims.

Court Says Religious Statue In Car Is Not Ground For Suspicion of Drug Activity

In United States v. Magana, 2008 U.S. Dist. LEXIS 24859 (WD TX, March 13, 2008), a Texas federal district court granted a motion to suppress evidence because the grounds for the search involved were impermissible. An officer initiated a traffic stop after observing what he believed to be a defective tire. After he found no problem with the tire, he detained the driver and searched the car, because among other things, the driver had a religious statue on his dashboard. Police say that religious symbols are often displayed in or on cars to dispel suspicion of wrongdoing and are usually indicate drug activity. The court concluded however that "because displaying a religious symbol on a vehicle constitutes symbolic speech, and is protected by the First Amendment, it is impermissible for law enforcement to use religious paraphernalia in their reasonable suspicion calculation." Last year, a Nebraska federal district court in a somewhat similar case reached an opposite conclusion. (See prior posting.)

Church Bell Exception To Sound Ordinance Does Not Create Content-Based Law

In Service Employees International Union v. City of Houston, 2008 U.S. Dist. LEXIS 25639 (SD TX, March 31, 2008), the SEIU brought a broad-based constitutional challenge to the permit requirements in the City of Houston Sound Ordinance and in its Parade Ordinance and to its Parks Ordinance. In its decision, a Texas federal district court struck down the provision on required security precautions in the Parks Ordinance and the 10-day advance notice requirement in the Parade Ordinance. It upheld most other provisions; however it held that trial was necessary to determine which section of the Sound Ordinance was being applied to deny SEIU's use of a bullhorn. In upholding a portion of the Sound Ordinance, the court held that the exemption for church bells and chimes sounded for no more than 5 minutes every hour as part of a religious observance or service during the day does not render the Ordinance content-based. The court said: "This limitation demonstrates the understanding that church bells and chimes are of limited duration and therefore are 'non-intrusive . . . acceptable background noise'."

Polygamous Muslim Marriages In Europe Growing

A report yesterday from AKI says that the number of polygamous marriages among Muslim immigrants is growing in Italy and elsewhere in Europe. It is estimated that there are 15,000 to 20,000 such marriages in Italy, even though they are illegal. Some are immigrants who were legally married to more than one wife before coming to Italy. In other cases, polygamous marriages are contracted in the consulates of immigrants' home countries with just an imam present. Britain, Belgium and Germany will pay welfare benefits to multiple wives. Italy will not.

4th Circuit Holds for EEOC In Religious Discrimination Case

In EEOC v. Sunbelt Rentals, Inc., (4th Cir., March 31, 2008), the U.S. 4th Circuit Court of Appeals reversed a trial court's grant of summary judgment and permitted the Equal Employment Opportunity Commission on behalf of Clinton Ingram to go to trial on charges that a Maryland company, Sunbelt Rentals, permitted a religiously hostile work environment in violation of Title VII of the 1964 Civil Rights Act. Ingram was an African American who had converted to Islam. He claims he was subjected to a steady stream of anti-Muslim comments and actions by his co-workers which his employer, Sunbelt, did nothing to stop. The main issue was whether the comments and actions were sufficiently severe and pervasive to create a hostile work environment. The Court of Appeals thought that a jury might well find they were, saying: "If Americans were forced to practice their faith under the conditions to which Ingram was subject, the Free Exercise Clause and the embodiment of its values in the Title VII protections against workplace religious prejudice would ring quite hollow." Today's Maryland Daily Record reports on the decision.

Egypt Bans Demonstrations In Places of Worship

According to Reuters, Egypt's Parliament on Wednesday passed a law prohibiting holding of protests in places of worship. Inciting, participating in or organizing such a protest is punishable by a fine and up to one year in jail. Parliament members from the Muslim Brotherhood-- that often uses mosques for protests-- voted against the bill. The government says the law is intended to protect the sanctity of places of worship. Minister of Religious Endowments Mahmoud Hamdi Zakzouk, urging passage of the bill, said some people were using mosques for protests every week after Friday prayers, inviting satellite TV news to film them in order to "promote political ideas that have no connection to religion." Coptic Christians have also sometimes staged protests in churches.

Indonesia Threatens To Block YouTube Access Over "Fitna"

Indonesia's Information Minister Mohammad Nuh told a press briefing in Jakarta yesterday that he has sent a letter to YouTube demanding that Dutch Politician Geert Wilder's controversial anti-Islamic video, Fitna, be removed. (See prior posting.) According to CNS News, if YouTube does not comply within two days, Indonesia says it will block access to the popular website. Indonesia is a former Dutch colony. Indonesia's president, Susilo Bambang Yudhoyono, has banned Wilders from entering the country, and the country's Prosperous Justice Party (PKS) has called for a boycott of Dutch goods until the Netherlands apologizes to the Islamic world.

New Macedonian Religion Law Threatens Serbian Orthodox Church

Forum 18 reported on Monday that Macedonia's new "Law on the Legal Status of a Church, Religious Community and a Religious Group," passed last September and scheduled to come into effect May 1, is designed to prevent the Serbian Orthodox Church from gaining legal status. The Serbian Orthodox Church has experienced ongoing problems in Macedonia. (See prior posting.) The new law is unclear on what unregistered churches may do. Its provisions may also adversely affect the Bektashi Muslim community, Seventh Day Adventists and various Baptist Churches. The law clearly maintains the legal status of the Macedonian Orthodox, Catholic and Methodist Churches , and of the Islamic and Jewish communities.

Pastor Settles Dispute With Feds Over Unauthorized Travel To Iraq

The AP reported yesterday that New Jersey peace activist, Rev. Frederick Boyle, has reached a settlement agreement with federal authorities. In 2003, Boyle traveled to Iraq in violation of the Iraqi Sanctions Regulations then in effect. He was assessed a fine of $6700 by the Office of Foreign Asset Control. Represented by the ACLU (press release), in 2005 Boyle filed suit (full text of complaint) challenging the OFAC's regulations as being violative of the First and Fifth Amendments, the Administrative Procedure Act, the Religious Freedom Restoration Act and international law. Under this week's settlement, Boyle will pay only a small part of the assessed fine (the exact amount was not disclosed), and the government will not to file criminal charges against him in connection with his trip. Commenting on the settlement, Boyle said: "I traveled into Iraq with a Christian peacemaker team. My purpose was to go there and pray with the people. I don't feel that there should have been any prosecution at all."

Woman Indicted For Damage From Anointing UCC Church As Protest

World Net Daily reported yesterday that felony criminal mischief charges have been filed in Elmira, New York, against Holly Somers for damage she caused to a United Church of Christ building by anointing various areas of the building with cooking oil. The incident at Elmira's Park Church grew out of a protest by a group of Christians in connection with a 2007 gay pride event in Elmira's Wisner Park, located next to the church. The United Church of Christ as a denomination has an LGBT Ministry and endorses same-sex marriages. Previously four others were fined for disorderly conduct growing out of their actions at the same gay pride event.

Israel Passes Organ Donation Law; Religious Controversy Remains

According to Haaretz, Israel's Knesset last week enacted the country's first law on organ donations. Among other things, it outlaws the brokering of sales of organs. Organ donation has been controversial in Israel because many Orthodox rabbis have insisted that cardiac death, rather than the earlier brain death, defines the end of life under Jewish law. The new bill, however, has garnered support from Sephardi rabbinical leaders and those from the National Religious movement. Under the new law, a committee made up of rabbis, doctors and ethicists will be created to set guidelines and authorize doctors who will certify brain death. While Sephardi leaders (represented by the Shas Party) agree that new technology permits brain death to be used as the measure of the end of life, the Ashkenazi United Torah Judaism party led by Rabbi Yosef Shalom Elyashiv objects. YNet News reported that in ultra-Orthodox areas of Jerusalem, large posters opposing the new law charged that declaring a person dead on the basis of brain death amounts to murder. The paper says the posters reflect the views of "two of the most prominent rabbis belonging to the Lithuanian non-Hasidic ultra-Orthodox Jewish community." [Thanks to Religion and State in Israel for the lead.]

EEOC Prevails In Religious Discrimination Claim Against Aldi's

In EEOC v. Aldi, 2008 U.S. Dist. LEXIS 25206 (WD PA, March 28, 2008), the Equal Employment Opportunity Commission brought suit in a Pennsylvania federal district court against Aldi, Inc. on behalf of former employee Kimberly Bloom who was fired from her position as a cashier after she refused for religious reasons to work on Sundays. Bloom describes herself as "a Christian, Protestant, and a Born Again Christian." Aldi had offered Bloom time off to attend religious services on Sunday, but Bloom insisted that her religious beliefs included spending all of Sunday with her family. It also offered her rotation and voluntary shift swapping. The court rejected Aldi's motion to dismiss, finding that the accommodations it offered were inadequate and that Aldi's failed to establish that reasonable accommodation would have resulted in undue hardship. The court found that genuine issues of fact remain as to Bloom's claims of retaliation and claims for punitive damages.

Developer Counterclaims For $10M Against Missouri Baptist Convention

Associated Baptist Press yesterday reported on the latest installment in a complex lawsuit between the Missouri Baptist Convention (MBC) and Missouri land developer William Jester. Windmere Baptist Conference Center is one of five institutions that broke away from MBC in 2000 and 2001. In a separate lawsuit, MBC is attempting to reassert control. (See prior posting.) MBC has filed suit against Jester’s Windermere Development Company to prevent it, pending the outcome of the separate lawsuit, from buying Windmere property as part of Windmere's debt restructuring and expansion plan. Now Jester has filed a counterclaim against MBC, alleging defamation and interference with business relationships. He says that he has lost $10 million in business because of MBC's actions warning prospective lenders against financing development of the property. Jester says inaccurate and unsubstantiated claims in MBC's in-house newsletter The Pathway impugned his business and financial capabilities.

Court Upholds Texas Sports League's Exclusion of Christian School

In Texas, a Christian school has lost its bid to become a member of the state's intescholastic league for public schools. Cornerstone Christian Schools applied for membership in University Interscholastic League (UIL) after the Texas Association of Private and Parochial Schools (TAPPS) refused in 2006 to renew its membership because of violations of the league's recruiting rules. In Cornerstone Christian Schools v. University Interscholastic League, (WD TX, April 1, 2008) [full text of opinion, Part 1, Part 2, Order], a Texas federal district court in a lengthy opinion upheld UIL's refusal to permit Cornerstone to apply for membership. As interpreted by UIL, its rules disqualified Christian Cornerstone once the school had been excluded from TAPPS for recruiting violations. The court agreed with UIL's interpretation of its rule, describing Cornerstone's attempt to read the rule otherwise as "semantically and ecclesiastically akin to how many angels can fit on the head of a pin."

The court's conclusion was signaled by its its initial description of Cornerstone's allegations: "Having successfully created an athletic powerhouse no longer welcomed by other Christian schools, Cornerstone incongruously invokes the power of the federal government to have its earthly desires accomplished."

Moving to plaintiffs' various constitutional assertions, the court held that only the parents and students who were plaintiffs, and not Cornerstone itself, had standing to raise the claims being asserted. The court went on to hold that UIL's membership rule is no more than a de minimis burden on plaintiffs' right to educate their child and on their free exercise of religion. The court also rejected an equal protection challenge to the rule, finding that it bears a rational relationship to the state's interest in reducing unfair competition in extracurricular activities. Yesterday's San Antonio Express News reported on the decision.

British Tribunal Considering Muslim Hair Stylist's Discrimination Claim

This Is London today reports on an interesting religious discmination case being heard by the Central London Employment Tribunal. Sarah Desrosiers runs Wedge, a hair salon that specializes in "an alternative form of hairdressing, which is ultra-modern and may be described as urban, edgy and funky." Derosiers wants her employees to wear the type of hair styles the salon offers. Now Derosiers is being sued by a Muslim woman, Bushra Noah, who was turned down for a stylist's position because she covers her hair with a headscarf for religious reasons. Desrosiers says she was not discriminating on racial or religious grounds; she would object to any kind of head covering worn by an employee.

High Schooler Sues To Challenge Art Project Limits

In Madison, Wisconsin, a Tomah High School senior (identified as A.P.) last Friday filed a federal lawsuit challenging a school policy that prohibits art class projects from depicting "violence, blood, sexual connotations, [or] religious beliefs." In an art class assignment involving drawing of a landscape, A.P. included a cross and the words "John 3:16 A sign of peace." Teacher Julie Millin, asked him to remove the Bible reference because other students were making remarks about it. When A.P. refused, she gave him a zero on the project, showing him the class policy. A.P. responded by tearing up the policy statement in front of the teacher. She ejected him from class and he later received two detentions for tearing up the policy. In a later incident, A.P.'s metals arts teacher rejected his idea to build a chain-mail cross because it was religious.

The complaint in A.P. v. Tomah Area School District, (WD WI, filed 3/28/2008), alleges that the school policy and its enforcement against A.P. violates A.P.'s First and 14th Amendment rights. It says that other artwork with religious themes are displayed throughout the school and argues that "per se censorship of religious speech in assignments does not represent a legitimate pedagogical interest." A release yesterday by the Alliance Defense Fund contains links to copies of A.P.' drawing and to drawings of demonic images created by other students in the class. Yesterday's Racine (WI) Journal Times reports on the case

German Court Says Muslim Student Must Have In-School Place For Prayer

Yesterday's Deutsche Welle reports that educators in Germany are hotly debating a March 10 decision by a Berlin administrative court which held that Diesterweg Upper School must provide a 14-year-old Muslim student with a place for his daily prayers. Relying on the protection of freedom of religion in Germany's Basic Law (Art. 4), the judge in expedited proceedings said that the prayers had to take place outside of class time, but space on school grounds needed to be made available. Judgments in expedited proceedings are temporary pending a full court hearing. No full hearing date has yet been scheduled. Educators opposed to the ruling say that it conflicts with German law that keep public institutions religiously neutral.

Death of Children After Prayer Alone Raises Homicide Prosecution Issues

Should parents who elect faith healing rather than traditional medical treatment for a child be criminally responsible if the child dies? That is the question posed in two recent cases. In Clackamas County, Oregon, parents Carl and Raylene Worthington have been indicted by a grand jury in the death of their 15-month old daughter last March. She suffered from bronchial pneumonia and a blood infection, both of which could have responded to antibiotics. Her parents, members of the Followers of Christ church, yesterday plead not guilty to charges of manslaughter and criminal mistreatment. Their religious beliefs prevented them from seeking out traditional medical care for their daughter. In 1999 Oregon changed its law, repealing the former religious exemptions from child abuse and homicide statutes. Yesterday's Oregonian and today's London Guardian report on the case.

Meanwhile Marathon County, Wisconsin, District Attorney Jill Falstad is deciding whether to file criminal charges against the parents of 11-year old Madeline Neumann who died from a diabetic reaction. Yesterday's Green Bay Press Gazette reports that her parents, Leilani and Dale Neumann, prayed for her recovery from a diabetic reaction rather than getting her medical help. Prosecution may be difficult because Wisconsin law specifically exempts from punishment parents who treat their children "through prayer alone in lieu of medical or surgical treatment." [Thanks to Rev. Jeanene Hammers for the lead to part of this posting.]

Facial Challenge By Christian High School To UC's Admissions Policy Rejected

Last week, a California federal district court handed down an initial decision in Association of Christian Schools International v. Stearns, (CD CA, March 28, 2008). In the case, Calvary Chapel Christian School, 5 of its students and an association of Christian schools challenged the admissions policy of the University of California on free speech, free exercise, establishment clause and equal protection grounds. Plaintiffs brought both facial and "as applied" challenges. At issue was UC's decision not to approve certain high school courses in science, social science and history offered by Christian schools. This precluded applicants for admission from using these to show their proficiency in various subject areas.

The court denied plaintiffs' motion for summary judgment, rejecting their claims that UC rejects courses solely because they are taught from a religious viewpoint. The court granted defendant's motion for partial summary judgment on plaintiff's facial challenges. This leaves for trial the "as applied" challenges, including questions of the reasonableness of UC's decisions to denial approval for specific religious school courses. The University's press release describes the court's holding in its 49-page opinion as follows:

UC moved for partial summary judgment on the basis that that its review policies and the position statements are constitutional exercises of the University’s right to evaluate the qualifications of applicants for admission. The Court agreed, holding that the University has a legitimate interest in evaluating the adequacy of high school courses to prepare students for study at UC; that its process for doing so is reasonable; that the University’s academic standards are also reasonable and do not discriminate against religion; that the position statements are a reasonable application of those academic standards; and that the University accommodates religious school students in various ways.

(See prior related posting.) [Thanks to Ed Brayton for the lead via Religionlaw listserv.]

Court Says No Standing To Challenge State Funds For Faith-Based Agency

In Pedreira v. Kentucky Baptist Homes for Children, Inc., (WD KY, March 31, 2008), a Kentucky federal district court dismissed on standing grounds a lawsuit by Kentucky state taxpayers claiming that the state violated the Establishment Clause by providing funding to Kentucky Baptist Homes for Children (KBHC). The state pays KBHC to provide services to children placed in its care as wards of the state. Plaintiffs alleged that KBHC filled staff positions in accordance with religious tenets and sought to instill Christian values and teachings in youths in its programs. In dismissing the lawsuit, the court relied on two recent U.S. Supreme Court decision. It held that Daimler Chrysler Corp. v. Cuno requires the application of federal standing doctrines to state taxpayer lawsuits, including those brought under the Establishment Clause. It then held that because KBHC receives funds through contracts with state agencies rather than through legislative action, under Hein v. Freedom from Religion Foundation plaintiffs lack taxpayer standing. Yesterday's Louisville Courier-Journal reports on the case which was originally filed in 2000 and included religious discrimination claims against KBHC which were subsequently dismissed by the court.

Most of Church's RLUIPA and Constitutional Claims Will Go To Trial

Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, (D CO, March 31, 2008), involves a challenge to the denial of a church's application for a special use permit so it could expand its facilities. The church claimed that the denial violated the Religious Land Use and Institutionalized Persons Act as well as various provisions of the US. and Colorado constitutions. The court denied defendant's motion for summary judgment on most of plaintiff's 16 claims, finding that there are genuine issues of material fact that need to go to trial. However the court did rule for defendant on three matters. It dismissed plaintiff's facial Free Exercise challenge to the Boulder County Land Use Code, its retaliation claim and the portion of its RLUIPA claim that alleged unequal treatment with public schools that were exempt from county land use controls. The U.S. Justice Department had intervened in the case on behalf of plaintiff Rocky Mountain Christian Church. The Becket Fund which has assisted the church in its land use battle, issued a release praising yesterday's decision

Kentucky Court Permanently Enjoins 10 Commandments Display

In ACLU of Kentucky v. Grayson County, Kentucky, (WD KY, March 28, 2008), a Kentucky federal district court permanently enjoined a display of the Ten Commandments as part of a Foundations of American Law and Government Display in the Grayson County (KY) Courthouse. This follows up on a preliminary injunction issued in 2002, after which the County removed the 10 Commandments from the display, but re-hung on the wall the empty frame in which they had appeared. In granting the permanent injunction, the court first held that county residents who are users of the courthouse and taxpayers, as well as the ACLU, have standing. It then concluded that the display violates the Establishment Clause because the Grayson County Fiscal Court had a predominately religious purpose in approving the display and a reasonable person would conclude it had the effect of endorsing religion.

In a press release issued Sunday, the ACLU of Kentucky praised the decision saying it is not the business of government to endorse religious beliefs. Today's Louisville Courier-Journal, reporting on the decision, says that an appeal is planned. It quoted Rev. Chester Shartzer who originally requested that the county install the display. He complained that the court's decision was "not fair to the children" because it removed part of "our heritage" from the display.

Supreme Court Grants Review In "7 Aphorisms" Monument Case

The U.S. Supreme Court today granted certiorari in Pleasant Grove City v. Summum, (Case No. 07-665). (Order list.) In the case, the 10th Circuit Court of Appeals held that Summum was entitled to erect a "Seven Aphorisms of Summum" monument in a city park that already features a number of other displays, including a 10 Commandments monument donated by the Fraternal Order of Eagles. The 10th Circuit denied en banc review of the case by a 6-6 vote. (See prior posting.) AP reports that the main issue that the Supreme Court will decide is whether placing donated monuments in a government-owned park creates a public forum or whether the government retains authority to select which monuments to display. The petition for certiorari, explaining the issues presented more fully, is available online. A Reuters report also has background information. The court took no action on a cert petition in a companion case, Duchesne City v. Summum, (Case No. 07-690). That case poses more complicated factual issues. (See prior posting.) The petition for cert in that case suggests that the Court might hold the case pending disposition of the Pleasant Grove case.

UPDATE: Links to all the briefs relating to the cert petition are available at Scotus Blog. [Thanks to Marty Lederman via Religionlaw for the lead.]

Turkey's Constitutional Court Will Hear Case Charging AKP With Anti-Secularism

The AP reports that Turkey's Constitutional Court today voted unanimously to hear a case that has been filed against the ruling Justice and Development Party (AKP) accusing it of undermining the secular principles enshrined in Turkey's Constitution. (See prior posting.) Abdurrahman Yalcinkaya, the chief prosecutor of the High Court of Appeals, filed the lawsuit, asking the Constitutional Court to ban the AKP and bar 71 people, including Prime Minister Recep Tayyip Dedogan and President Abdullah Gul, from politics for five years. Even if the suit succeeds, Gul could remain president because the post is technically a non-political one. Reuters says that the European Union is concerned that Turkey's constitution permits submission to a court of these kinds of issues that are normally settled through elections. The case could eventually lead the European Commission to recommend suspending the accession negotiations with Turkey.

UPDATE: The New Anatolian on Tuesday published excerpts from the lengthy indictment filed against AKP.

Another Televangelist Responds To Sen. Grassley's Information Request

As previously reported, Iowa Sen. Charles Grassley whose Senate committee has oversight authority over administration of the tax laws, has asked six televangelists who preach the "prosperity gospel" for financial information. Today's Atlanta Journal Constitution reports that another of Grassley's targets, Bishop Eddie Long of New Birth Missionary Baptist Church in Lithonia, Georgia, has agreed to cooperate. Grassley has threatened to formally subpoena information from those who do not cooperate by today. Two churches still refuse to furnish any documents. Melissa Rogers continues to cover this story in detail on her blog.

Canadian City Seeks Injunction Against Preacher Who Feeds Homeless In Parks

A trial court in Calgary, Alberta today will hear the city's request for an injunction against Rev. Art Pawlowski whose Street Church Ministry feeds the homeless and preaches to them in local parks. The Calgary Sun reports that the city has previously ticketed Pawlowski 50 times for preaching to up to 500 homeless people in downtown Calgary's Triangle Park. However the court consistently refuses to rule in the cases charging offenses such as illegal use of an amplifier and disturbing the peace. Pawlowski asserts free speech and religious freedom defenses.

New Articles and Books of Interest

From SSRN:

• Raphael Cohen-Almagor, Hate in the Classroom: Free Expression, Holocaust Denial, and Liberal Education, (American Journal of Education, Vol. 114, No. 2, pp. 215-241, February 2008).


• Russell Powell, Theology in Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, (March 20, 2008).


• Carl H. Esbeck, What the Hein Decision Can Tell Us about the Roberts Court and the Establishment Clause, (Mississippi Law Journal, Vol. 78, No. 2, Forthcoming).


• Nicholas A. Mirkay, Is it 'Charitable' to Discriminate?: The Necessary Transformation of Section 501(C)(3) into the Gold Standard for Charities, (Wisconsin Law Review, Vol. 2007, July 3, 2007).


• Nicholas A. Mirkay, Losing Our Religion: Reevaluating the 501(C)(3) Exemption of Religious Organizations that Discriminate, (Widener Law School Legal Studies, Research Paper No. 08-35, March 24, 2008).


• Sue Irion, The [Un]Constitutionality of the NLRA's Religious Accommodation Provision, (Gonzaga Law Review, Vol. 44, No. 2, 2008).


• Dayna Bowen Matthew, Race, Religion, and Informed Consent -- Lessons from Social Science, (Journal of Law, Medicine and Ethics, Vol. 36, No. 1, 2008).


• David L. Gregory, Not the Bishops' Finest Hour: Economic Justice, with Cerberus Unchained?, (St. John's Legal Studies Research Paper No. 08-0119, March 2008).

From SmartCILP:

• David K. DeWolf, Book Review (Reviewing Stephen Mansfield, Ten Tortured Words: How the Founding Fathers Tried to Protect Religion in America.and What's Happened Since), 85 Denver University Law Review 443-461 (2007).


• Randy Lee, A Rose By Any Other Word Would Smell As Sweet", But Would It Still Be Treasured: The Mislabeling and Misunderstanding of Parents and Grandparents in American Policy, 15 Elder Law Journal 607-631 (2007).


• Mark Strasser, Preaching, Fundraising and the Constitution: On Proselytizing and the First Amendment, 85 Denver University Law Review 405-441 (2007).

Recent Books:

• David Gushee, The Future of Faith in American Politics: the Public Witness of the Evangelical Center, (Baylor University Press, 2008).


• Eleanor Abdella Doumato & Gregory Starrett (eds.), Teaching Islam: Textbooks and Religion in the Middle East, (Viva Books New Delhi, 2008), reviewed in Pakistan Daily Times.


• Noah Feldman, The Fall and Rise of the Islamic State, (Princeton University Press, 2008), reviewed in Middle East Online.
• George Weigel, Against the Grain, (Crossroad Publishing Co., 2008).

Paper Publishes Interview With Geert Wilders

Der Spiegel today carries an interview with right wing Dutch politician Geert Wilders whose video attacking the Quran has provoked widespread negative reaction. (See prior posting.) He says: "For me, Islam is a vision of a society that defines all forms of interpersonal behavior -- from inheritance to criminal law. This ideology endangers our values. I hate it, I don't hate Muslims."

Two Cases Say Muslim Inmates Are Entitled To Halal Meals

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."

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.

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].

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.

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.

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.

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.

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).

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.

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:

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.

Judge Fernandez, agreeing that the result was controlled by Van Orden, concurred in a short, but interesting, opinion that reads in part:

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.

Reuters yesterday reported on the decision. [Thanks to Robert H. Thomas for the lead.]

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:

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.

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.

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).

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.)

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.

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.

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.

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.

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.

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".

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.

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.