Attorneys Fees Awarded In RLUIPA Case That Resulted In Nominal Damage Award

In Layman Lessons v. City of Millersville, 2008 U.S. Dist. LEXIS 34996 (MD TN, April 29, 2008), a Tennessee federal district court, in a religious land use case, awarded plaintiff Layman Lessons nearly $60,000 in attorneys fees and costs. The court said: "the fact that Layman Lessons originally sought compensatory damages but was ultimately only awarded $ 2.00 in nominal damages does not mean in this particular case that its success was merely technical or de minimis. Even though the damages award was minimal, Layman Lessons achieved its primary objective: the vindication of its rights." In the case (see prior posting) the court found that the initial denial of an occupancy permit for commercially zoned property to a Christian ministry imposed a substantial burden on its exercise of religion and violated RLUIPA. The court also found a due process violation in the enforcement of an inapplicable buffer-strip zoning ordinance to prevent use of the land by the ministry that was formed to aid the homeless.

New Mexico Removes 3 Minors From Cult's Strong City Compound

The AP reported yesterday that New Mexico authorities have removed two girls and a boy-- all under age 18-- from the "Strong City" compound of The Lord Our Righteousness Church near Clayton, NM. The children are currently in state custody. The move took place after allegations of inappropriate contact between the three minors and the church's leader Wayne Bent (also known as Michael Travesser). In a statement on the group's website, Travesser says there has never been sex with minors.

Shi'ites In Saudi Arabia Unhappy With Removal of Court Head

In Saudi Arabia, tensions have erupted between the dominant conservative Sunnis and the minority Shi'ites who live mainly in Qatif and al-Ahsa in the Eastern Province. Yesterday's Khaleej Times reports that the recent removal of Sheikh Mohammed al-Obaidan as head of the Shi'a court in Qatif is seen by Shi'as as an attempt to subordinate their court system to Sunni judicial authorities. The current 10 judges staffing Shi'ite courts are insufficient to serve the growing Shi'ite population. So some Shi'ites have been forced to use Sunni courts.

School District Sued For Permitting Free Use of Buildings By Religious Groups

The Freedom from Religion Foundation has filed suit (press release) against the Rio (WI) Community School District and the Wisconsin state Superintendent of Public Instruction challenging the Rio district's policy of allowing all local non-profit groups to use school buildings after school hours free of charge. The schools also post information from the non-profits on school bulletin boards and send home information about events with school children. The complaint (full text) in Freedom from Religion Foundation v. Burmaster, (Dane Co. Cir. Ct., filed 4/25/08) alleges that inclusion of religious groups, including the Child Evangelism Fellowship, in this policy violates the Wisconsin state Constitution. Art. I, Sec. 18 prohibits the use of state funds for the benefit of religious groups, and Art. I, Sec. 24 permits the legislature to authorize the use of public school buildings by civic, religious or charitable organizations during nonschool hours, but only upon payment by the organization of reasonable usage fees. Today's Portage Daily Register reports on the lawsuit.

UPDATE: The full text of correspondence between the Freedom from Religion Foundation and the Rio School District has been posted online by the Portage Daily Register.

Canadian Christian Social Service Agency Barred From Enforcing Lifestyle Code

In Heintz v. Christian Horizons, 2008 HRTO 22 (April 15, 2008), the Ontario Human Rights Tribunal held that a non-profit group, Christian Horizons, is not entitled to an exemption from the sexual orientation non-discrimination provisions of the Ontario Human Rights Code. Section 24(1)(a) of the Code provides that the right to equal treatment in employment is not infringed when a "religious ... organization that is primarily engaged in serving the interests of persons identified by their ... creed... employs only ... persons similarly identified if the qualification is a reasonable and bona fide qualification because of the nature of the employment." Christian Horizons operates Christian residences for developmentally disabled children. It is the largest community living service provider in the province and receives $75 million per year in government funding.

Connie Heintz, a support worker at a Christian Horizons residential facility was told she would be terminated because she was not in compliance with the organization's Lifestyle and Morality Statement which, among other things, prohibits staff from engaging in homosexual relationships. The Tribunal held the Sec. 24(1)(a) exemption inapplicable because "the primary object and mission of Christian Horizons is to provide care and support for individuals who have developmental disabilities, without regard to their creed." Nor is the employment requirement a reasonable qualification because of the nature of Heintz's employment. The Tribunal went on to find that "Independent of whether Christian Horizons has met the conditions for the exemption under section 24(1)(a), [it] ... has infringed Ms. Heintz’s rights under the Code as a result of the work environment and how she was treated once her sexual orientation came to light."

The Tribunal in its lengthy opinion awarded Heintz damages of $23,000 plus lost wages and benefits. It also ordered Christian Horizons to cease imposing its Lifestyle and Morality Statement as a condition of employment and ordered it to adopt an anti-discrimination and an anti-harassment policy as well as a human rights training program for all its employees. [Thanks to Alliance Alert for the lead.]

Cardinal Says Giuliani Should Not Have Received Communion During Pope's Visit

New York's Cardinal Edward Egan says that former New York Mayor Rudy Giuliani should not have received Holy Communion during the Pope Benedict XVI's recent visit to the U.S. Yesterday's Washington Post reports that Egan had "an understanding" with Giuliani that he was not to receive the Eucharist because of Giuliani's support of abortion rights.

Belarus Petitioners Fined Under Legislative Initiative Law

In Belarus, according to Forum 18 yesterday, three organizers of a mass petition calling for liberalization of the country's 2002 Law on Religion have been fined for violating the the 2003 Law on the Realisation of Legislative Initiatives by Citizens. That law requires groups launching a legislative initiative to register with the electoral commission before collecting signatures. The organizers claimed unsuccessfully that since they had not proposed an specific text for revision of the Religion Law, they were not organizing an initiative. Instead they were asking governmental bodies to amend the law. (See prior related posting.)

President Proclaims May As Jewish American Heritage Month

Yesterday President George W. Bush issued a Proclamation (full text) declaring May 2008 as Jewish American Heritage Month. The Proclamation says that the month creates an "opportunity to celebrate the history, culture, and faith of Jewish Americans and their contributions to our Nation."

Recent Scholarly Articles and Movies of Interest

From SSRN:

• David N. Wagner, Religion and State: An Ecclesiological Perspective, (April 26, 2008).


• Patrick McKinley Brennan, "What's the Matter with You Catholics?" Soundings in Catholic Social Thought: "Traditions in Turmoil" by Mary Ann Glendon, (Journal of Law, Philosophy and Culture, Vol. 2, No. 1, 2008).


• Anita L. Allen, Undressing Difference: The Hijab in the West, (U of Penn Law School, Public Law Research Paper No. 08-18, April 29, 2008).


• David Lawrence Clingingsmith, Asim Ijaz Khwaja, Asim & Michael Kremer, Estimating the Impact of the Hajj: Religion and Tolerance in Islam's Global Gathering, (HKS Working Paper No. RWP08-022, April 2008).


• David A. Simon, Register Trademarks and Keep the Faith: Trademarks, Religion, and Identity, (April 28, 2008).


• Nina J. Crimm, Muslim-Americans' Charitable Giving Dilemma: What About a Centralized Terror-Free Donor Advised Fund?, (Roger Williams Law Review Symposium Issue, Vol. 13 , 2008).

From ACS:

• Edward Correia, A Constitutional Framework for Addressing Religious Viewpoints in Public Classrooms, (April 21, 2008).

From SmartCILP:

• Kenneth A. Klukowski, In Whose Name We Pray: Fixing the Establishment Clause Train Wreck Involving Legislative Prayer, 6 Georgetown Journal of Law & Public Policy 219-282 (2008).


• Samuel J. Levine, Taking Ethical Obligations Seriously: A Look At American Codes of Professional Responsibility Through a Perspective of Jewish Law and Ethics, 57 Catholic University Law Review 165-202 (2007).


• Jana R. McCreary, This Is the Trap the Courts Built: Dealing With the Entanglement of Religion and the Origin of Life in American Public Schools, 37 Southwestern University Law Review 1-67 (2008).


• Peter Irons, Darwin, Dogma, and Definitions: A Reply to Professor McCreary, 37 Southwestern University Law Review 69-82 (2008).


• Jana R. McCreary, Focusing Too Much On the Forest Might Hide the Evolving Trees: A Response to Professor Irons, 37 Southwestern University Law Review 83-96 (2008).

New Movies:

• Constantine's Sword (2007), reviewed in New York Times.
• Expelled: No Intelligence Allowed (2007), reviewed in New York Times. [Updated]

Obama Denounces His Pastor As Religion Continues Importance In Campaign

Religion has played an unusually important role in the 2008 presidential primaries for many months. In the latest illustration of this, yesterday Barack Obama held a press conference (full transcript) denouncing remarks made at the National Press Club on Monday (transcript) by his long-time pastor Jeremiah Wright. Those remarks followed two other appearances by Wright-- a Friday evening interview on Bill Moyers Journal (transcript) and a speech at an NAACP dinner on Sunday night (transcript). Today's New York Times reports on Obama's public rejection of Wright. Obama said in part: "What became clear to me was that he was presenting a world view that ... contradicts who I am and what I stand for. And what I think particularly angered me was his suggestion somehow that my previous denunciation of his remarks were somehow political posturing."

Recently Available Prisoner Free Exercise Cases

In Graham v. Mahmood, 2008 U.S. Dist. LEXIS 33954 (SDNY, April 23, 2008), a New York federal district court dismissed claims under the First and 14th Amendments and RLUIPA brought by an inmate who was a follower of the Nation of Islam. Plaintiff alleged that NOI was disfavored in comparison to Sunni Muslims in access to prison meeting and office space. He also alleged retaliation for pursuing related grievances.

In Shilling v. Crawford, 2008 U.S. Dist. LEXIS 33567 (D NV, March 12, 2008), a Nevada federal district court held that defendants were entitled to qualified immunity in a suit by an inmate who claimed that his rights under RLUIPA were violated when his request for a kosher diet was accommodated only by offering to transfer him to a higher security facility at which such meals were available.

Rose v. Masiey, 2008 U.S. Dist. LEXIS 33499 (SDNY, Feb. 19, 2008), is one of over a dozen suits filed by Muslim inmates challenging the handling of food and related items at Rikers Island prison facility, and the failure to identify non-Halal food at the prison commissary. The court denied most of defendants' motions to dismiss, except that claims against certain of the corrections officers named as defendants were dismissed on the ground of qualified immunity.

Malik v. Ozmint, 2008 U.S. Dist. LEXIS 33904 (D SC, Feb. 13, 2008), involved a RLUIPA challenge to a South Carolina prison policy that prevented plaintiff from wearing his kufi outside of his cell. A federal magistrate judge recommended that the claim be dismissed without prejudice on exhaustion grounds, but that on the merits prison authorities had not justified the restriction. The court rejected plaintiff's claims that his right to fast during Ramadan was infringed by untimely meal deliveries.

Convicted Murderer Waives Appeals Partly for Religious Reasons

In Hill v. State of South Carolina, (SC Sup. Ct., April 28, 2008), the South Carolina Supreme Court upheld the right of convicted murderer David Hill to waive his right to further review and have his death sentence carried out. In explaining his decision to forgo further appeals, Hill discussed his father's health and his own, but also said: "part of my religious beliefs are that if you kill somebody, you shed somebody else’s blood, that your blood has to be shed or you have to die in order to be forgiven for that..." Today's Myrtle Beach Sun News reports on the decision.

British Catholic Adoption Agency Becomes Secular To Avoid Gay Adoption Mandate

In Britain, the Bishop of Nottingham announced yesterday that the Catholic Children's Society adoption agency will become a secular agency by merging with the adoption agency of the Anglican Diocese of Southwell and Nottingham. Total Catholic.com reported that the decision was taken because the agency could not, consistent with Catholic teachings, comply with Britain's Equality Act (Sexual Orientation) Regulations 2007 that would have required the Catholic agency to sometimes place children for adoption with same-sex couples. Catholic agencies are required to come into compliance by the end of 2008. (See prior related posting.)

7th Circuit Upholds RLUIPA Claim; Concurrence Criticizes RLUIPA

Last week, the U.S. Seventh Circuit Court of Appeals ruled in favor of a former prisoner in a RLUIPA case that is most interesting for the concurring opinion it generated. In Koger v. Bryan, (7th Cir., April 24, 2008), the court held that a former prisoner's claim based on the denial of his request for a vegetarian diet substantially burdened the prisoner's religious exercise. In particular the court found inappropriate the prison's requirement that the religious practice be required by the inmate's religion and that this be verified by a member of the clergy.

Judge Evans concurred, but included in his opinion an interesting attack on RLUIPA:

Clearly, without RLUIPA, this case would have been dead in the water when it was filed because declining Koger’s request for a nonmeat diet would not have violated the United States Constitution....

Because Mr. Koger is out of prison... his request for injunctive relief is moot. And because he was in prison when the case arose, he must proceed under the Prisoner Litigation Reform Act, which takes compensatory and punitive damages off the table as he suffered no “physical injury” but only, at best, a “mental or emotional injury.” And that limits his recovery to nominal damages.

So when all is said and done, the State of Illinois has spent a lot of money defending this case for six years. Koger may end up with a dollar, and his lawyer, Jeffrey L.Oldham, who by the way has done an outstanding job, will get a limited amount of attorney’s fees. A waste of time? Some may disagree, but I lean towards saying “yes.”

Florida Chambers Pass Competing Bills On Teaching of Evolution

In February, Florida's State Board of Education adopted science teaching standards calling specifically for the teaching of evolution. (See prior posting.) Yesterday's St. Petersburg Times reports that attempts by the state legislature to respond to these standards may fail because the House and Senate have passed competing bills. Yesterday the House voted 71-43 to approve HB 1483 that calls for public schools to add to their curriculum a "scientific critical analysis" of the theory of evolution. However the Senate has already passed SB 2692, the Evolution Academic Freedom Act, providing more extensive protections to teachers who present scientific views critical of evolution in the classroom and to students who hold religious views opposing evolution. (See prior related posting.) Sen. Ronda Storms, sponsor of the Senate bill, says her chamber will not pass the House version.

Malaysia Agency Rejects Prime Minister's Proposal On Conversions

In Malaysia, the government's Islamic Development Department must approve any administrative rule changes relating to Islam. Today's International Herald Tribune reports that the Department has rejected a proposal by the Prime Minister that would have required non-Muslims converting to Islam to notify their families in writing ahead of time. (See prior posting.) The proposed rule was intended to deal with the growing number of disputes over burial rights that have arisen when family members do not know of a supposed conversion. However the Islamic Development Department's director-general, Wan Mohamad Sheikh Abdul Aziz, said it should be "left to the discretion of the person who wishes to embrace Islam to determine how and when it is appropriate to inform family members. ... The existing laws for conversion to Islam and related matters are sufficient." Parliament could still pass the Prime Minister's proposal over the Department's objections.

Supreme Court Upholds Indiana Voter ID Law, But Majority Question Burden on Religious Objectors

Today in Crawford v. Marion County Election Board, (S.Ct., April 28, 2008), the U.S. Supreme Court by a vote of 6-3 upheld Indiana's voter identification law against a facial constitutional attack. Much of the challenge to the law focused on the burdens the law imposes on eligible voters who do not have a valid voter ID, including those with religious objections to being photographed. (See prior related posting.) Justice Stevens' opinion announcing the judgment of the court, which was joined by the Chief Justice and Justice Kennedy, held that for most voters the burden of obtaining the free state voter ID card is not substantial, and while there may be a few voters for whom the burden is not justified, that does not entitle plaintiffs to have the law struck down on its face. Two dissenting opinion disagreed and found the burdens less justified. However, a close reading of the opinions indicate that a majority of the justices believe that the voter identification law imposes an impermissible burden on voters who have religious objections to being photographed.

Under Indiana's law, even though religious objectors may obtain state drivers licenses without a photo on them, these do not suffice for voting purposes. Those voters must cast a provisional ballot in every election, and then each time travel to the circuit court clerk's office within ten days and execute an affidavit. Justice Stevens, writing for three justices, said (at fn. 19):

Presumably most voters casting provisional ballots will be able to obtain photo identifications before the next election. It is, however, difficult to understand why the State should require voters with a faith-based objection to being photographed to cast provisional ballots subject to later verification in every election when the BMV is able to issue these citizens special licenses that enable them to drive without any photo identification.

Justice Souter, writing in dissent for himself and Justice Ginsberg, said:

regardless of the interest the State may have in adopting a photo identification requirement as a general matter, that interest in no way necessitates the particular burdens the Voter ID Law imposes on poor people and religious objectors. Individuals unable to get photo identification are forced to travel to the county seat every time they wish to exercise the franchise, and they have to get there within 10 days of the election.... Nothing about the State's interest in fighting voter fraud justifies this requirement of a post-election trip to the county seat instead of some verification process at the polling places.

Justice Breyer's dissent also found the burden on those lacking the required ID to be disproportionate, though his opinion focuses primarily on the burden imposed on indigents. On the other hand, Justice Scalia writing for himself, Justice Thomas and Justice Alito saw no problem in treating the ID requirement as merely a neutral law of general applicability for which the state is not required to create a religious exemption. The New York Times reports further on the decision. [Thanks to Blog from the Capital for the lead.]

Fellowship of Christian Athletes Sues Middle School After Field Trip Denial

Louisiana's Calcasieu Parish School Board has a policy permitting student clubs to apply for approval to take field trips with transportation provided on school buses. Last week, a Lake Charles (LA) middle school student who is chaplain of the school's Fellowship of Christian Athletes (FCA) filed suit in federal court challenging the school's denial of an application for FCA to use a school bus for a field trip to a "Just for Jesus" event. The complaint (full text) alleges that the denial violates the federal Equal Access Act as well as the First and 14th Amendments. Plaintiff's Memorandum in support of its application for a temporary restraining order argues that the denial of CFA's application was both content-based and viewpoint-based discrimination. Alliance Defense Fund issued a press release on the case last Thursday.

Indian State Implements Anti-Conversion Law

Saturday's Times of India reports that the Indian state of Gujarat has finally issued rules implementing its Freedom of Religion Act, 2003. The rules have been published in the Gujarat Government Gazette and came into effect on April 1. Clergy seeking to convert a person from another religion must first obtain permission from the district magistrate by filing a form setting out detailed personal information on the convert, including whether the person is a minor or a member of a Scheduled Caste. The form also calls for listing of the convert's marital status, occupation and monthly income. The convert must apply for permission 30 days in advance, setting out the time, place and reason for the conversion and length of affiliation with his or her present religion. Then within 10 days after conversion, the convert must furnish the name of the priest who performed the ceremony and the names of others who participated in it. Forced conversion is punishable by 3 years in jail.

Meanwhile, according to Zee News, near Mumbai on Sunday some 1,793 individuals underwent reconversion to Hinduism as part of a campaign by Narendra Maharaj who says he has reconverted over 42,000 people mainly in the tribal areas of Maharashtra, Gujarat and Maharashtra.

9th Circuit Says School Can Require Relgious Clubs Be Open To All

In Truth v. Kent School District, (9th Cir., April 25, 2008), the U.S. 9th Circuit Court of Appeals held that a Washington state school district did not violate either the federal Equal Access Act nor the First Amendment when it applied its non-discrimination policy to "Truth", a Bible study club seeking recognition as a student group. The school said the group must remove from its charter a requirement that limits membership to those who sign a fundamentalist Christian statement of faith. However the court remanded the case for a determination of whether Truth's rights were violated when it, unlike some other groups, was denied an exemption from the school district's non-discrimination policy. Truth alleged that at least two non-religious groups received exemptions from requirements of the school's non-discrimination policy that prohibits limiting membership on the basis of gender. Reuters reports on the court's decision.

Florida Commission Approves Constitutional Proposal For School Vouchers

After some apparently complicated bargaining, the Florida Taxation and Budget Commission on Friday reversed an earlier vote and agreed to place on Florida's November ballot a proposed state constitutional amendment that is designed to overrule a state supreme court decision striking down school vouchers. The proposal would amend Art. IX, Sec. 1 of the Constitution by adding that the state's duty to provide for the education of its children shall be "fulfilled at a minimum and not exclusively" by creating a uniform system of free public schools. Saturday's Miami Herald reported that, in order to make the proposal more attractive to voters, the ballot issue will also require schools to spend at least 65% of their budgets on classroom expenses.

Earlier this month, the voucher amendment fell one vote short of the 17 needed for its approval. However on Friday, 19 members of the Commission voted in favor of it, apparently in exchange for the Commission's also approving a proposed amendment that would lower property taxes by 25% and replace the lost revenue with other sources including an increased sales tax. Altogether, the Commission has approved seven constitutional amendments for the November ballot, including one that would repeal the state's "Blaine Amendment" ban on public financial aid to religious institutions. (See prior posting.)

Japanese Man Charged For Dumping Buddhist Altar Beside Expressway

In the Japanese city of Komaki, Aichi, a man has been charged by police with violating the city's Waste Disposal Management Law after he dumped a Buddhist altar on the side of the Meishin Expressway. Mainichi Daily News reported on Saturday that the man received the altar as a gift from a friend who encouraged him to become more religious. However the altar was too large to fit into the man's new apartment.

Episcopal Church Sues For Property of Break-Away California Diocese

The flood of lawsuits by the Episcopal Church against break-away congregations continues. Last week, the Episcopal Diocese of San Joaquin, California and The Episcopal Church filed suit (press release) to reclaim control of the property of congregations within the Diocese after most of them voted to follow John-David Schofield, the former bishop of the Diocese, in affiliating with the more conservative House of Bishops of the Southern Cone. On Friday, Episcopal News Service reported that the lawsuit was filed after Bishop Jerry Lamb was affirmed as provisional bishop of San Joaquin to replace Schofield by a March 29 special convention of the diocese. The complaint in the case (full text), filed in a California state court, seeks an order confirming that Lamb is the incumbent bishop of the Diocese and an order requiring Schofield to turn all Diocese property over to Lamb.

FLDS Mothers Unsuccessful So Far In Seeking Return of Children

Interesting legal developments continue to transpire in the case of 462 children taken into custody by the state of Texas after authorities raided the FLDS ranch in Eldorado, Texas earlier this month. (Timeline of events.) Several of them were reported Saturday by Austin's KeyeTV News. In an order issued Friday in a case captioned In re: Sarah Steed, et. al., (TX Ct. App., April 25, 2008), a state appellate court in Austin rejected an emergency motion filed by mothers of the children seeking a stay of an April 22 order issued by the trial court. The mothers were seeking to prevent the children from being placed in facilities throughout the state while their petition for a writ of mandamus is being heard. The appellate court said that, on its face, the trial court's order appears to meet statutory requirements for the placement of the children. A full hearing will be needed to determine if there was an abuse of discretion by the trial court. An expedited hearing on that is scheduled for Tuesday morning.

Meanwhile, Texas Rangers continue to investigate charges that the original call to authorities that led to the raid was not authentic. (See prior posting.) An arrest warrant (full text) has been issued for a Colorado Springs, CO woman, Rozita Swinton, who has a history of making false reports of abuse.

Meanwhile an AP story published Friday says that the breadth of the custody order issued in Texas raises constitutional issues. Jessica Dixon, director of SMU Law School's Child Advocacy Center described the order as an unprecedented "class-action child removal". Of particular concern is whether there was justification for removing the 130 children under five years of age, and the over two-dozen teenage boys, none of whom apparently had been the victims of abuse. Also apparently not all residents of the Ranch practiced polygamy. A Child Protective Services spokesman said that the state has no way to protect the young children from possible future abuse if they remain at the Ranch.

Birminghm, AL Mayor Holds Sackcloth and Ashes Prayer Rally to Fight Crime

In Birmingham, Alabama on Friday night, more than 1000 people gathered at Mayor Larry Langford's "sackcloth and ashes" prayer rally called to fight the worsening homicide rate in the city. The AP and the Birmingham News reported on the rally that featured prayers for forgiveness and sermons calling for the city to repent. Langford purchased 2000 burlap bags that were handed out at the event. He said the rally, held at the city-owned Boutwell Auditorium, was inspired by the Book of Jonah (see Chap. 3). This is the third prayer rally Langford has called to deal with crime in Birmingham. The Alabama ACLU is looking at the church-state issues involved.

UPDATE: Here is the full text of the mayor's Proclamation declaring the day for prayer in sackcloth and ashes. [Thanks to Dispatches From the Culture Wars for the lead.]

Florida Court Rejects Religious Defense To Unlicensed Midwifery Charges

In McGlade v. State of Florida, (FL Ct. App., April 25, 2008), a Florida state appellate court rejected a claim by two defendants accused of practicing midwifery without a license that the jury should have been instructed on their free exercise of religion defense. The court held that while defendants showed that their involvement in home births was substantially motivated by their religious beliefs, they presented no evidence that the midwifery license law substantially burdened the exercise of their religion. However, defendants' convictions were reversed and the case remanded for a new trial because of other errors in the jury instructions given at trial. Saturday's Sarasota (FL) Herald Tribune reporting on the case says that defendants Linda and Tanya McGlade have been out of prison during the appeal-- on order of the Court of Appeal (full text of order) after the trial judge refused to permit them to post bond. (See prior related posting.)

Meanwhile Saturday's Houston Chronicle features a story about a Pennsylvania midwife who is appealing a cease and desist order issued against her by the Pennsylvania State Board of Medicine. Diane Goslin served many in Pennsylvania's Amish community. She is a certified professional midwife, but not a nurse-midwife as required by Pennsylvania law. (See prior related posting.)

Utah Supreme Court Rejects Mission's Zoning Challenge On Procedural Grounds

In Salt Lake City Mission v. Salt Lake City, (UT Sup. Ct., April 22, 2008), the Utah Supreme Court rejected claims by a Mission that serves the homeless and addicts that its religious freedom was infringed when Salt Lake City prevented it from applying for conditional use permits for four locations and denied a permit for a fifth location. The court held that plaintiffs had not exhausted their administrative remedies as is required before bringing a challenge under the Utah Constitution, and that the Mission's federal constitutional claims were not ripe for adjudication.

Jewish Groups Diverge On Joining Church-State Brief

Yesterday's Forward reports that Jewish organizations-- traditionally strong proponents of church-state separation-- are now splitting over how hard to press on Establishment Clause issues. The American Jewish Congress has not joined in a church-state amicus brief (full text) filed with the U.S. 6th Circuit Court of Appeals yesterday by a number of other faith groups and groups supporting church-state separation. Other Jewish groups on the brief were American Jewish Committee and Hadassah.

The brief was filed in American Atheists, Inc. v. City of Detroit Downtown Development Authority, a case challenging the disbursement of public beautification funds to three Detroit churches in an attempt to improve the external appearance of buildings in areas of the city prior to the 2006 Super Bowl. (See prior posting.) Marc Stern, AJCongress general counsel, said AJCongress did not participate because they believe that in light of recent precedents allowing greater church-state interaction the challenge to city funding will be unsuccessful. Americans United issued a release describing the brief which asserts in part: "The lessons of history are compelling: Governmental aid to construct and maintain houses of worship degrades religion and distorts government."

Today is "Day of Silence"; 7th Circuit Allows "Day of Truth" T-Shirt

Today is the 12th annual National Day of Silence sponsored by the Gay, Lesbian and Straight Education Network (GLSEN). A GLSEN news release says that students at 6,000 middle and high schools across the country are scheduled to participate in the event designed to call attention to bullying and harassment in schools directed at gay, lesbian, bisexual and transgender students. The Day of Silence website says this year's event is dedicated to the memory of Lawrence King, a California 8th-grader who was shot and killed in class on Feb. 12 by a classmate because of his sexual orientation and gender expression. Generally participants remain silent during the day except when called on in class. Lambda Legal has issued a Q&A on student rights to participate in the Day of Silence.

For the past four years, the Alliance Defense Fund has sponsored a "Day of Truth" on the school day following Day of Silence. This year that is April 28. The Day of Truth website says the event "was established to counter the promotion of the homosexual agenda and express an opposing viewpoint from a Christian perspective." Sponsors encourage students to wear T-shirts and hand out cards in class with their counter-message.

Just in time for this year's dueling events, the U.S. Seventh Circuit Court of Appeals decided Nuxoll v. Indian Prairie School District #204, (7th Cir., April 23, 2008), a case growing out of an Illinois high school's limits on messages that could be displayed on Day of Truth T-shirts. Messages could be positive ones, but not negative ones that impugned another group. The court approved a preliminary injunction limited to permitting plaintiff to stencil the slogan "Be Happy, Not Gay" on his T-shirt this year. Judge Posner's majority opinion said even this might be shown to be improper after a fuller record is developed in the case. Judge Rovner concurred, writing an opinion indicating that she had a broader view of permissible student speech. Alliance Defense Fund issued a release praising the decision, as did the ACLU of Illinois. (See prior posting.) [corrected].

White House Holds Summit On Faith-Based Inner-City Schools

Yesterday the White House sponsored a Summit on Inner-City Children and Faith-Based Schools. The Agenda included panels on the role of faith-based schools, practical realities, community solutions and policy options. President Bush delivered a long address (full text) to conference participants. He said in part: "One of the reasons I've come is to highlight this problem and say to our country: We have an interest in the health of these centers of excellence; it's in the country's interest to get beyond the debate of public/private, to recognize this is a critical national asset that provides a critical part of our nation's fabric in making sure we're a hopeful place." Yesterday's New York Sun reported on the Summit.

Pelosi Challenged On Her Earth Day Biblical Quote

Last Monday, U.S. House Speaker Nancy Pelosi released a statement (full text) marking Earth Day. It said in part: "The Bible tells us in the Old Testament, 'To minister to the needs of God's creation is an act of worship. To ignore those needs is to dishonor the God who made us.'" Now, according to Wednesday's CNS News, Biblical scholars say that this quotation does not come from the Bible. Apparently Pelosi has used the same quote a number of other times. Claude Mariottini, a professor of Old Testament at Northern Baptist Theological Seminary near Chicago, said this "is one of those texts that you fabricate in order to support what you want to say."

UPDATE: Get Religion on Friday commented on CNS's coverage of Pelosi's remarks, quibbling primarily about the story's failure to emphasize tbe Biblical motivation of many environmentalists.

Florida Considering An "I Believe" Specialty Plate

Florida's legislature is carrying the debate over specialty license plates to a new level. It is considering a bill that would authorize a number of new specialty plates, including one reading "I Believe" and featuring a Christian cross and a stained glass window. The AP reports that the added fee for the I Believe plate would benefit Faith in Teaching Inc., a non-profit that supports faith-based schools activities. The bill would also provide for an "In God We Trust" plate to benefit the children of deceased soldiers and law enforcement officers. Florida already offers over 100 specialty plates. If the "I Believe" plate is approved, it will be the first in any state that features a religious symbol (other than religious symbols in a college logo).

UPDATE: On April 29, the Florida legislature passed and sent to the governor S734 which provides for 4 new specialty license plates, including an "In God we Trust" plate. However the bill does not include the "I Believe" plate. Nevertheless, according to AP, now the South Carolina legislature is considering an "I Believe" specialty plate. It received key SC state senate approval on Tuesday.

Rep. Myrick Proposes Measures Against Radical Islam

Last week, U.S. Rep. Sue Myrick from North Carolina issued a release unveiling her 10-point "Wake Up America" agenda. As reported yesterday by World Net Daily, she is calling for a government investigation of all military and U.S. prison chaplains who were approved by Abdurahman Alamoudi when he headed the American Muslim Council. Myrick wants to know if any of the chaplains have ties to radical Islam. In 2004, Almoudi was sentenced to 23 years in prison in a terrorism financing case.

Myrick's Agenda also calls for the Internal Revenue Service to investigate the Council on American-Islamic Relations (CAIR). Among its other points, the Agenda proposes legislation to outlaw the preaching, publication, or distribution of materials calling for the death of American citizens or attacks on the United States Government or Armed Forces. It proposes restricting R-1/R-2 religious visas for imams who come from countries that do not allow reciprocal visits by non-Muslim clergy, and it presses for reform of Saudi text books. While Myrick is head of the Congressional Anti-Terrorism Caucus, these proposals are hers and not those of the Caucus. [Thanks to Alliance Alert for the lead.]

Jury Finds For Church In $3.7M RLUIPA Verdict

In Reaching Hearts International Inc. v. Prince George’s County, a Maryland federal court jury has awarded $3.7 million in damages to a Seventh Day Adventist congregation that was prevented by the county from building a church on land the congregation had purchased. Initially Prince George's County Council rejected the church's application for sewer and water changes, and when the church then decided to build a smaller structure that could be served by existing facilities the county adopted a new zoning ordinance precluding that plan as well. Yesterday's Maryland Daily Record reports that the suit alleged discrimination in violation of 42 USC Sec. 1983 and RLUIPA. However in September the court will still hear arguments on the county's defense that it had a compelling interest in taking the actions it did, and used the least restrictive means in accomplishing its objectives.

Bald Eagles Limit Florida Church's Expansion Plans

Tuesday's Lakewood Ranch (FL) Herald reports on an unusual land use problem faced by a Bradenton, Florida Catholic parish. Since 1999, the presence of nesting bald eagles on a 14-acre site that Our Lady of the Angels Catholic Church had acquired for a building has dictated the kind of development the rapidly-growing congregation can pursue. So far, it has kept its expansion within U.S. Fish and Wildlife Service guidelines that require a 330 foot buffer between buildings and nesting eagles, sometimes through the use of modular buildings. If the eagles ever leave, the church hopes to build a new sanctuary on the northeast quadrant of its land.

President Proclaims 2008 National Day of Prayer Amid Call for More Inclusiveness

On Tuesday, President Bush issued a Proclamation (full text) declaring May 1 to be the 2008 National Day of Prayer. Meanwhile, the website Jews on First has begun a campaign for an Inclusive National Day of Prayer, pointing to the fundamentalist Christian focus of the existing National Day of Prayer Task Force. (See prior posting.) On its web page devoted to the project, Jews on First calls on governors to either refrain from issuing Day of Prayer proclamations, or to issue proclamations that call for inclusive events. Last year's White House event for the day did have extensive Jewish, as well as Christian, participation. (See prior posting.)

Appellate Court Rejects Challenge To Religious References By Prosecutor

In State of Connecticut v. Johnson, (App. Ct. CT., April 22, 2008), a Connecticut state appellate court majority opinion rejected a convicted defendant's objections to religious references made by the prosecutor during closing argument at his trial. The references related to the religious piety of the complaining witness and her parents in the sexual assault case. Judge Berdon concurring in the result said that the remarks were improper, but defendant had failed to object to them at trial.

San Diego Agrees Church Can Feed the Poor Without a Permit

On Monday, a California federal district court issued an Order of Dismissal (full text) in Pacific Beach United Methodist Church v. City of San Diego, (SD CA, April 21, 2008). The San Diego Union-Tribune reports that the settlement allows plaintiff church to continue feeding the homeless in its building without obtaining a city permit. The settlement provides that the city will not cite the church for violations in connection with its "Wednesday Night Ministry activities, which include Plaintiffs’ religious practice of sharing common meals with the community and providing ministry, food and other care to the poor, the homeless and others in need in the community." The city will still be able to conduct inspections and enforce other laws applicable to the meal service. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Appeal Filed In Case of Wisconisn Pharmacist

On Wednesday, an appeal was filed with the Wisconsin Supreme Court in Noesen v. State of Wisconsin Dept. of Regulation & Licensing, according to a press release on Christian Newswire. In the case, a state appellate court rejected a pharmacist's religious arguments and upheld the state Pharmacy Examining Board’s decision reprimanding him for refusing to fill or transfer a customer's prescription for oral contraceptives. (See prior posting.)

Recent Articles Of Interest

From SSRN:

• Natasha Bakht, Family Arbitration Using Sharia Law: Examining Ontario's Arbitration Act and its Impact on Women, (Muslim World Journal of Human Rights, Vol. 1, No. 1, 2007).


• Jeremy J. Patrick, Not Dead, Just Sleeping: Canada's Prohibition on Blasphemous Libel as a Case Study in Obsolete Legislation, (April 17, 2008).


• Susan Benesch, Vile Crime or Inalienable Right: Defining Incitement to Genocide, (Virginia Journal of International Law, Vol. 48, No. 3, 2008).


• Carl H. Esbeck, Protestant Dissent and the Virginia Disestablishment, 1776-1786, (Georgetown Journal of Law & Public Policy, Vol. 7, No. 1, 2008).


• William S. Brewbaker, Book Review: Rediscovering the Natural Law in Reformed Theological Ethics - By Stephen J. Grabill, (Journal of Law and Religion, Vol. XXIII, No. 1, 2007-08).


• Carl H. Esbeck, Carl H., The Application of RFRA to Override Employment Nondiscrimination Clauses Embedded in Federal Social Service Programs, (Engage, Vol. 9, No. 2, June 2008).


• Linda C. McClain, Unleashing or Harnessing Armies of Compassion?: Reflections on the Faith-Based Initiative, (Loyola University Chicago Law Journal, Vol. 39, p. 361, 2008 ).

From SmartCILP:

• Slavoj Zizek, The Secret Clauses of the Liberal Utopia., 19 Law & Critique 1-18 (2008).

Moderate Italian Muslims To Form New Federation

In Italy, representatives of several Muslim groups have announced plans to create a Federation of Italian Islam to promote mosques that teach moderate Islam. Voice of America reported yesterday that the move was announced by outgoing Interior Minister Giuliano Amato who said the Federation, which will be legally recognized, will bring together Muslims who pledge allegiance to the Italian constitution and Italy's Charter of Values of Citizenship and Integration.

Recent Prisoner Free Excercise Cases

In Henderson v. Bettus, 2008 U.S. Dist. LEXIS 31091 (MD FL, March 31, 2008), a Florida federal district court permitted a Muslim inmate to move ahead with his claim that his free exercise rights were violated when he was refused access to his cell to pray at the proper time during Ramadan and was denied his available bag lunch at the designated time to break his religious fast.

In Poullard v. Federal Bureau of Prisons, 2008 U.S. Dist. LEXIS 16924 (D DC, March 6, 2008), a D.C. federal district court transferred to the Eastern District of Texas an inmate's claim that federal prison authorities in Texas disrespected his Ifa faith through various actions.

In Ware v. Garnett, 2008 U.S. Dist. LEXIS 30336 (SD IL, March 31, 2008), an Illinois federal district court adopted a magistrate's recommendations and dismissed claims by a Muslim inmate that he should receive a Halal diet and a Sunni prayer mat. It also rejected complaints that Muslim inmates were required to worship in small groups, that he was not permitted to wear religious head gear, and that he was not permitted to teach fellow inmates Arabic or preach in Arabic.

In Nelson v. Miller, 2008 U.S. Dist. LEXIS 30525 (SD IL, March 31, 2008), and Illinois federal magistrate judge dismissed a Catholic inmate's claims against an Illinois prison chaplain who refused to approve a vegan diet for him for Fridays after the chaplain determined that the Catholic faith did not require the inmate's adherence to the Rule of St. Benedict.

In Malik v. Clarke, 2008 U.S. Dist. LEXIS 31175 (WD WA, April 15, 2008), a Washington federal district court referred back to a magistrate a complaint by an inmate that he was allowed to use his Muslim name on mail only if hefirst used the name under which he was committed (followed by his new name).

In Sundown v. Texas Department of Criminal Justice, 2008 U.S. Dist. LEXIS 31508, (SD TX, April 16, 2008), a Texas federal district court rejected a complaint by five Native Americans seeking weekly religious classes and services.

Judge Seeks To Accommodate Prayer Sessions Of FLDS Mothers and Children

In San Angelo, Texas, state District Court Judge Barbara Walther has ruled that FLDS women and children being held at the San Angelo Coliseum can meet twice a day for prayers without being monitored by state workers. Yesterday's Salt Lake Tribune reports that despite pleas from the Church of Jesus Christ of Latter-day Saints-- the mainline Mormon church-- for the media to distinguish it from the polygamous FLDS sect, Judge Walther apparently views the relationship between the two groups differently. She asked asked Texas Child Protective Services (CPS) to find a member of the mainstream LDS Church or some other "appropriate religious person" to monitor prayer sessions of FLDS members in order to avoid state employees "making their service less sacred."

At the same time, Judge Walther refused to issue a temporary restraining order requiring that FLDS nursing mothers be allowed to stay with their children. Instead the judge left the matter to be worked out through informal negotiations between the mothers' attorneys and CPS which, as of now, plans to separate adult mothers from their children once the state finishes collecting DNA samples. In another development, CPS now says that the count of FLDS children in state custody is 437, not the originally reported 416.

Court Says Gideon Bible Distribution To 5th Graders Violated Establishment Clause

In Roe v. Tangipahoa Parish School Board, (ED LA, April 22, 2008), a Louisiana federal district court held that the distribution of Gideon Bibles to 5th grade students at a Louisiana public school violated the Establishment Clause. The court said:

Despite the principal's statement that the children did not have to take a Bible, by allowing the Gideons to set up immediately outside the principal’s office, the School Board "created the impression in young, impressionable minds that 'the school endorsed a particular belief: Christianity.'" ... Therefore, this Court determines that the distribution of Bibles was ultimately coercive...; that distribution of Bibles is a religious activity without a secular purpose... and that distribution by the Gideons amounted to promotion of Christianity by the School Board....

The Advocate yesterday reported on the court's decision. (See prior related posting.)

Israel High Court Gives Citizenship To Messianics-- Does Not Recognize Them As Jews

Yesterday's Jerusalem Post reports on a ruling handed down last week by Israel's High Court of Justice which is apparently being misreported in some Christian media. In the case, the High Court agreed to remove a pending petition without making a ruling after the petitioners, twelve Messianic Jews, and the Interior Ministry agreed that the Messianics would be granted automatic citizenship under the Law of Return, as amended. The Court's ruling is set out (apparently in full) by Christianity Today. The decision, however, does not recognize the Messianics as Jews, nor does it grant them equal status with Jews.

Two notions underlie the High Court's disposition of the case. First,the Law of Return as amended in 1970 applies not just to Jews, but also to non-Jewish children and grandchildren of Jews, except for a person who has been a Jew and has voluntarily changed his religion. A Jew is defined as the child of a Jewish mother or someone who has converted to Judaism. The child of a Jewish father and a non-Jewish mother is not Jewish, and that person's embrace of another religion does not make him or her a convert who is ineligible for citizenship under the Law of Return.

The 12 Messianics involved in last week's case were children of Jewish fathers, not of Jewish mothers. Therefore the decision is not inconsistent with the Beresford case handed down 15 years ago in which the High Court held that Messianic Jews whose mothers were Jewish (and thus who were originally recognized as Jewish) are not entitled to citizenship under the Law of Return because they were Jews who had voluntarily converted.

India's Supreme Court Rejects Bid For Pilgrimage Funding For Non-Muslims

India's Supreme Court on Monday dismissed a petition seeking to have it order the government to fund pilgrims of Hindu, Jain and Buddhist faiths to visit places of worship in China, Pakistan, Bangladesh, Sri Lanka and Nepal to the same extent as the government funds Muslim Haj pilgrims. According to The Hindu, a 3-judge panel said the matter should be pursued by petitioning the government, not through litigation. The public interest litigation petition that had been filed with the court alleged that thew differential funding amounted to religious discrimination that violates Art. 15 of India's Constitution.

8th Circuit Hears Arguments In Sacramental Marijuana Case

Last Friday, the U.S. 8th Circuit Court of Appeals heard oral arguments in Olsen v. Mukasey. A recording of the full oral argument is available online. The Rutherford Institute, which is assisting Olsen in his appeal, describes the case. At issue is whether marijuana use by Carl Olsen, a member of the Ethiopian Zion Coptic Church (EZCC), is protected by the Religious Freedom Restoration Act. The court below held that Olsen's claim was barred by collateral estoppel because of litigation in the 1980's and '90's in which Olsen was involved. However Olsen argues that intervening precedent precludes application of collateral estoppel. Many of the documents in the appeal, including briefs, are available on the EZCC website.

Afghanistan Orders TV Networks To End Indian Soap Operas

According to yesterday's New York Times, Afghanistan's Minister for Information and Culture has ordered television networks to stop broadcasting five popular Indian soap operas. In consultation with the Council of Clerics, the government decided that the soaps are inconsistent with Afghan religion and culture. Yesterday's International Herald Tribune says that only two networks have complied, and that the others face possible legal action. (See prior related posting.)

Court Dismisses Claim Against US Over Local School Practices

Not surprisingly, a Connecticut federal district court has dismissed a somewhat incoherent lawsuit brought by a pro se plaintiff against the United States and the U.S. Supreme Court. In Edwards v. United States, 2008 U.S. Dist. LEXIS 32449 (D CT, April 21, 2008), plaintiff alleged that the United States infringed free expression and free exercise provisions by preventing volunteers and teachers from expressing Judaeo-Christian religious beliefs and sharing biblical teachings in the nation's public schools, while permitting presentation of "unsafe" and "destructive" beliefs of other cultures in the schools. Her complaint sets out examples relating to a school in Trumbull, Connecticut which her children attend. The court held that the U.S. has not waived its sovereign immunity as to this claim and that plaintiff lacked standing because the actions of the local school officials involved cannot be traced to the United States.

CRS Issues Report On Churches and Political Campaign Activity

The Congressional Research Service recently released a study titled Churches and Campaign Activity: Analysis Under Tax and Campaign Finance Laws, (April 14, 2008). The 15-page report reviews campaign restrictions imposed on churches by the Internal Revenue Code and the Federal Election Campaign Act, discusses the IRS Political Activity Compliance Initiative and analyzes H.R. 2275 which would repeal the Internal Revenue Code restriction on political activity by non-profits. [Thanks to Steven H. Sholk for the lead.]

Court Rejects Challenge To "In God We Trust" License Plates

A Marion, Indiana state court judge last week dismissed a lawsuit filed by the ACLU seeking to require the Indiana Bureau of Motor Vehicles to treat the "In God We Trust" license plates it issues as "special group recognition" plates that carry an additional $15 administrative fee. UPI reports on the decision by Marion Superior Court Judge Gary Miller who ruled that the 1.6 million plates carrying the motto were made with the same process used to mass-produce the standard Indiana license plates. Therefore no special handling fees needed to be charged. The lawsuit had argued that waiver of the fee amounts to promotion of the religious-themed plate by the state. (See prior related posting.)

Cert. Denied In 1964 Civil Rights Act Religious Exemption Case

Yesterday the U.S. Supreme court denied certiorari in LeBoon v. Lancaster Jewish Community Center, (Case No. 97-943) (Order list.) In the case, the U.S. 3rd Circuit Court of Appeals, in a 2-1 decision, had held that the Lancaster, Pennsylvania Jewish Community Center was entitled to the religious institutions exemption in the 1964 Civil Rights Act even though it was not under the control of a synagogue. (See prior posting.)

Court Refuses To Overrule Diocese Decision to Close Church

According to an article in last Friday's Toledo Blade, a Seneca County, Ohio trial court judge has refused to overrule the decision of the Diocese of Toledo made two years ago to close the former St. James Catholic Church in rural Seneca County. Judge Michael Kelbley wrote: "The decision of Bishop Leonard Blair to close a parish in the present case was the sort of purely ecclesiastical decision that may not be reviewed by this or any court." Ex-parishioners say they plan an appeal. Meanwhile, an April 30 hearing is scheduled to decide who is entitled to personal property, such as church members' guitars and a CD player, that was locked inside the church building when it was closed. The parties hope they can resolve this matter before the scheduled hearing date.

DC Circuit Hears Oral Argments In Case On White House Logs of Pastors' Visits

The D.C. Circuit Court of Appeals yesterday heard oral arguments in Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security. In the case, a federal district court held that the Secret Service had to release records of visits to the White House and to Vice President Dick Cheney's residence by nine prominent conservative Christian leaders. The records were sought by a watchdog group seeking to show the influence of religious leaders on Bush administration policies. (See prior posting.) The AP reports that in yesterday's Court of Appeals arguments, judges pressed the parties for suggested compromises between secrecy and he President's right to confidential advice. Many of the pleadings and other documents in the case are available from the CREW website.

Court Refuses To Order Church Election For Pastor

In Worcester, Massachusetts last week, a state trial court judge refused to issue a preliminary injunction requiring the Second Baptist Church to schedule an election on the nomination of Rev. Thurman A. Hargrove as the church's pastor. Earlier this year the court refused to issue a preliminary injunction to prevent the dismissal of the 79-year old Hargrove who had been serving as pastor. The latest claim grew out of an attempt by one of Hargrove's supporters to get him reinstated by nominating him under the church's bylaws. The court said that a review of the bylaws failed to support Hargrove's claim that an election was required. It also noted that the First Amendment limits the circumstances under which it can intervene in church affairs. Last Friday's Worcester Telegram & Gazette reports on the decision.

EU Will Not Press Claim Against Ireland's Employment Law Exemptions

According to Sunday's Dublin Independent, the president of the European Union Commission has announced that the EU will not pursue a case against Ireland's religious organizations exemption from its equal opportunity laws. Earlier this year, European Commissioner for Employment, Social Affairs and Equal Opportunities, Vladimír Špidla, had issued "reasoned opinions"-- the second step in the enforcement process-- against 10 EU states, including Ireland, for failing to properly implement the EU's Employment Directive. (ESAEO Press Release). The EU had charged that Ireland's Equality Acts 2000-2004 created too broad an exemption from the EU directive's ban on religious discrimination. The EU had particularly objected to the provision in Irish law permitting a religious organization to reject applicants who could harm the organization's religious ethos. (CI News, Feb. 22, 2008) Apparently the EUs decision not to proceed with enforcement is an attempt to assuage Irish feelings before a crucial referendum on the Treaty of Lisbon. [Thanks to Scott Mange for the lead.]

New York Episcopal Diocese Sues Break-Away Congregation Over Property

In another of the numerous disputes between the Episcopal Church USA and break-away congregations, last week the Episcopal Diocese of Central New York filed suit against the Church of the Good Shepherd in Binghamton. Episcopal News Service reports that last November, the congregation voted to reaffiliate with the Anglican Church of Kenya. Central New York Bishop Gladstone "Skip" Adams had offered the congregation use of its current facilities for one year while it sought a new location. When that was rejected, the Diocese sued for an accounting of real and personal property which it says are held in trust for the Episcopal Church and the Diocese.

Politicians Send Passover Greetings

As the Jewish festival of Passover began last week, not only did Jews in the U.S. and around the world receive the traditional well wishes of the U.S. President (full text of President's April 18 Message), but they also received greetings from Presidential candidates Hillary Clinton (full text), Barack Obama (full text) and John McCain (full text). New York Times columnist William Kristol today analyzes the seemingly routine Passover statements from the three Presidential contenders, finding differences in emphasis among them. He writes: "So if Clinton’s Passover message is liberal, and Obama’s is multicultural, one might call McCain’s Zionist."

FLDS Children Remain In Custody As Legal Issues Swirl Around Them

On Friday, Texas District Judge Barbara L. Walther ruled that the 416 children taken from the compound of the FLDS sect in Eldorado, Texas (see prior posting) would remain in state custody, at least for now. She also ordered DNA paternity testing for all the children. (Ft. Worth Star Telegram.) Sunday's Los Angeles Times says that an individual hearings on each child's status will be held by June 5, using judges from around the state. It also reports on the quick response of the Texas bar to the legal needs of the parties:

At the beginning of last week, mass e-mails were sent out to attorneys appealing for volunteers. There was a run on paper as court officials sought to make thousands of copies so each attorney would have all of the filings. A 3 1/2 -hour training session was set up in a local bank to train attorneys on family code laws. As attorneys from across the state signed up to offer their services for free, hotels booked up in the college town of San Angelo. E-mails went out appealing for locals to offer spare rooms, sofas and cots.

Sunday's Salt Lake Tribune says that the breadth of the court's custody ruling may set the stage for a constitutional test of the ban on polygamy. Meanwhile today's Christian Science Monitor discusses the unusual public relations campaign undertaken by the FLDS women who are attempting to regain custody of their children.

Indonesia Says It Will Dissolve Deviant Muslim Sect

Last week the government of Indonesia announced it would issue a joint decree to outlaw Ahmadiyah sect. The move followed a recommendation by the Coordinating Board for Monitoring Mystical Beliefs in Society (Bakor Pakem). It said Ahmadiyah had not committed to a declaration it signed in January acknowledging mainstream Islamic teachings and renouncing the sect's "deviant" beliefs. Particularly at issue in the Ahmadiyah belief that Mirza Gulam Ahmad, not Muhammad, is the last prophet in Islam. The Jakarta Post reported that on Sunday several thousand Muslim hard-liners staged a rally urging the government to move ahead with its ban. One rally leader told the crowd: "Ahmadiyah members have violated our human rights by disturbing our practice of Islam! They are trying to poison our minds with this new prophet nonsense." A number of moderate clerics, however, oppose the government's plan. Also the Ahmadiyya Muslim Community Canada has issued a statement strongly condemning of the Indonesian government's plans. The statement said: "History has shown that where religious extremists are appeased, eventually, the erosion of constitutional freedoms inevitably results."

UPDATE: In a move against another "deviant" Islamic sect, on Wednesday an Indonesian court sentenced Ahmad Mushaddeq to four years in prison for blasphemous acts. The AP reports that in 2000 Mushaddeq formed the Al-Qiyadah Al-Islamiyah sect that, at its height, had 40,000 followers.

UPDATE: On April 28, Reuters reorted that hundreds of hardline Indonesian Muslims attacked and burnt an Ahmadiyya mosque in West Java after the mosque failed to remove a signboard.

Freethinkers Sue Fargo Over Refusal To Pemit Monument Near City Hall

In Fargo, North Dakota last Friday, the Red River Freethinkers filed a federal lawsuit alleging that the city of Fargo violated their constitutional rights when it refused to permit the Freethinkers to place their own monument near a 10 Commandments monument that has been on City Hall mall since 1961. (See prior posting.) The Freethinkers want to put up a monument reading "The government of the United States of America is not in any sense founded on the Christian religion." Also at issue in the lawsuit is an initiated measure adopted by Fargo City Commission that prohibits the city from removing monuments-- like the 10 Commandments-- that have stood on city property for 40 years or more. A series of article in the Fargo Forum over the last few days discuss the new lawsuit filed in federal court alleging freedom of expression and Establishment Clause violations. (1, 2, 3, 4.)

Pope Addresses United Nations-- Focuses On Human Rights

Pope Benedict XVI this morning addressed the United Nations General Assembly in New York Beginning hs speech in French, he continued in English. (Full text.) A significant portion of his remarks focused on human rights issues as Benedict noted that this year marks the 60th anniversary of the Universal Declaration of Human Rights. The Pope said in part:

Human rights, of course, must include the right to religious freedom, understood as the expression of a dimension that is at once individual and communitarian - a vision that brings out the unity of the person while clearly distinguishing between the dimension of the citizen and that of the believer. The activity of the United Nations in recent years has ensured that public debate gives space to viewpoints inspired by a religious vision in all its dimensions, including ritual, worship, education, dissemination of information and the freedom to profess and choose religion.

It is inconceivable, then, that believers should have to suppress a part of themselves - their faith - in order to be active citizens. It should never be necessary to deny God in order to enjoy one's rights. The rights associated with religion are all the more in need of protection if they are considered to clash with a prevailing secular ideology or with majority religious positions of an exclusive nature. The full guarantee of religious liberty cannot be limited to the free exercise of worship, but has to give due consideration to the public dimension of religion, and hence to the possibility of believers playing their part in building the social order.

The Washington Post reports on the Pope's s address and also links to a video of his speech to the General Assembly. In separate remarks (full text), the Pope gave special thanks to the administrative staff and employee of the United Nations for their ongoing work.

Passover Begins Tomorrow Night; Court Upholds Passover Food Limits At Federal Prison

The Jewish festival of Passover begins tomorrow evening. On Wednesday, just in time for the holiday, a Connecticut federal district court dismissed a challenge by Agnes Kole, a Jewish inmate at Danbury federal prison, to the reduced number of kosher for Passover items available for inmates to purchase this year. In Kole v. Lappin, (D CT, April 16, 2008), the court held that since 3 adequate kosher for Passover meals per day are furnished to plaintiff, she has not shown that her religious exercise is burdened by the limit on additional items available from the Commissary. The court also rejected plaintiff's retaliation and equal protection claims. Yesterday's Connecticut Post, reporting on the decision, quoted Kole's attorney who said: "It's too bad prison officials are being so hard-headed about this."

DC Circuit Affirms Dismissal of Navy Chaplain's RFRA Claim

In Klingenschmitt v. Winter, (DC Cir., April 14, 2008), the D.C. Circuit Court of Appeals affirmed the dismissal of a lawsuit filed by Navy chaplain Gordon Klingenschmitt. After the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, Klingenschmitt resigned. The court said that because the Navy's initiation of separation proceedings against Klingenschmitt was mandatory when he lost his original endorsement, the proceedings could not have been motivated by retaliatory animus. And since Klingenschmitt is no longer a chaplain, he lacks standing to seek injunctive or declaratory relief as to his complaint that Navy regulation of his religious expression was contrary to the Religious Freedom Restoration Act. (See prior related posting.)

President Speaks At National Catholic Prayer Breakfast

President Bush this morning attended the National Catholic Prayer Breakfast at the Washington Hilton Hotel, along with a number of members of Congress, Chief Justice John Roberts, Solicitor General Paul Clement and others. His remarks (full text) focused on a number of issues of concern to U.S. Catholics-- the Pope's visit, the Bush administration's anti-abortion policies, his faith-based initiative and proposals to strengthen inner-city Catholic schools. He praised the social service work of Catholic agencies in the U.S. and abroad. President Bush also announced that next week there will be a White House Summit on Inner-City Children and Faith-Based Schools.

Priest Sexual Abuse Victims Win Court Decision; Meet With Pope

Victims of sexual abuse by Catholic clergy won two rather different kinds of victories this week. In Delaware, a court upheld a the state's Child Victim Act against state and federal constitutional challenges. The 2007 law eliminated the statute of limitations in civil damage actions alleging sexual abuse of a minor, and also created a two-year window during which previously barred suits can be brought. In Whitwell v. Archmere Academy, Inc., (DE Super. Ct., April 16, 2008), a state trial court rejected a challenge to the two-year window, holding that "the resurrection of time barred civil remedies does not violate due process." Plaintiff in the case alleged that in the 1980's he suffered 33 months of continuous sexual abuse by a teacher and campus minister at Archmere. Yesterday's Wilmington News Journal reported on the decision.

Meanwhile, in Washington, DC yesterday, Pope Benedict XVI met with five clergy sexual abuse victims. Yesterday's Boston Globe reports on the private meeting that was facilitated by Boston's Cardinal Sean P. O'Malley.

British Spiritual Healers Object To Coverage By EU Directive

In Britain, the Spiritual Workers' Association is objecting to plans to subject them to European Union's Unfair Commercial Practices Directive. Today's London Telegraph reports that as of May 26, Britain's Fraudulent Mediums Act 1951 will be replaced by the EU directive. Mediums, psychics, tarot card readers and spiritual healers say this turns the religion of spiritualism into a consumer product. Under the new law, the burden of proof will be shifted so spiritual healers will be required to show that they did not intend to mislead or coerce consumers.

Pope Visits With Leaders of Other U.S. Religions

Yesterday evening, Pope Benedict XVI met with Muslim, Jewish, Hindu, and Buddhist religious leaders in Washington, DC. The Washington Times reports that the religious leaders as a group presented the Pope with gifts, and then split off for separate meetings with him. In his remarks to the group of leaders (full text), Benedict emphasized the importance of religious freedom and interreligious dialogue. In separate remarks to Jewish leaders (full text), the Pope extended special greetings for the festival of Passover that begins tonight. Today in New York, the Pope is scheduled to visit Manhattan's Park East Synagogue. ABC News reports that Benedict, who as a German teenager was required to join the Hitler Youth, will shake hands at the synagogue with Holocaust survivor Rabbi Arthur Schneier.

Court Rejects Ministerial Exception Defense Raised By Catholic School

In Coulee Catholic Schools v. Labor and Industry Review Commission, (WI Ct. App., April 17, 2008), a Wisconsin state court of appeals held that the "ministerial exception" does not preclude a first-grade teacher at a Catholic elementary school from bringing an age discrimination case. While the First Amendment precludes adjudication of claims under the Wisconsin Fair Employment Act if an employee's duties are ministerial, here teacher Wendy Ostlund’s duties were not primarily religious. The fact that a teacher is to model and support particular religious values is not enough to make her duties ministerial. Today's LaCrosse Tribune reports on the decision.

Pastors Council Files IRS Charges Against Americans United

The Houston (TX) Area Pastor Council has decided to turn the tables on a group that has complained to the IRS about churches becoming involved in partisan politics. A release issued Monday by the Liberty Legal Institute says a complaint has been filed with the IRS against Americans United. It charges AU, a non-profit organization, with improperly attempting to influence elections by filing and publicizing frivolous IRS complaints against pastors. It says this is an attempt to chill the speech of clergy. The complaint was particularly triggered by AU's charges against Houston pastor Steve Riggle over his endorsement of a Texas Congressional candidate. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

Hearing On Custody of FLDS Children Is Chaotic

A hearing-- generally described in an AP report as "chaotic"-- began today in San Angelo, Texas on the fate of the 415 children being held in temporary custody by the Texas Department of Family and Protective Services after last week's raid on an FLDS ranch where they lived. (See prior posting.) Today's San Angelo Standard-Times has a fascinating minute-by-minute log of events at the hearing. The 350 lawyers representing the children removed from the YFZ Ranch-- as well as representing some parents-- were divided between the court house and an auditorium in City Hall. However the video feed to the City Hall location was grainy and the audio was difficult to hear. When prosecutors attempted to introduce the medical records of two girls into evidence, logistics became unmanageable as lawyers scrambled to see the documents and register objections. State District Judge Barbara Walther called a 40 minute recess so attorneys could decide whether to object en masse or individually.

The AP says that a major issue in the case will be whether the entire YFZ Ranch is the "home" of each child, or only individual house in which the child lives. Apparently Texas law provides for removal of children if sexual abuse is occurring in a "home" and a parent does not stop it

House Passes Religious Worker Visa Extension Act

On Tuesday, the U.S. House of Representatives passed and sent to the Senate H.R. 5570, the Religious Worker Visa Extension Act of 2008. The bill extends until January 1, 2010 the eligibility of certain religious workers for visas, but also requires the Department of Homeland Security by the end of this year to issue final regulations to eliminate or reduce fraud by applicants for religious worker visas. Proposed rules were already published in the Federal Register in April, but have been the subject of concern by some religious groups. (See prior posting.) The full text of the proposed rules and the public comments that have been submitted on them is available online.

Claims Against Permit Requirement For Feeding Homeless In Park Move Ahead

In First Vagabonds Church of God v. City of Orlando, 2008 U.S. Dist. LEXIS 30842 (MD FL, March 31, 2008), plaintiffs claim that the City of Orlando (FL) violated their religious exercise, expression and assembly rights by enacting an ordinance requiring them to obtain a permit to conduct any "large group feeding" in the city's Greater Downtown Park District. Any group is limited to two permits per year. The court rejected defendants' motion for summary judgment, holding that there were sufficient issues of fact to go to trial on claims under the Florida Religious Freedom Restoration Act and First Amendment. The court dismissed equal protection and due process challenges.

Court Awards Nominal Damages and Attorneys Fees In Religious Display Case

In Doe v. Parish of St. Tammany, (ED LA, April 16, 2008), a Louisiana federal district court awarded nominal damages and attorneys' fees to plaintiff in a case challenging the display of a picture of Jesus in the foyer of the Slidell, Louisiana City Court. After a lawsuit was filed, the city broadened the display to include depictions of various lawgivers throughout history. Last year, after that change, the court refused to issue a preliminary injunction. (See prior posting.) This written opinion confirms that "the expanded display presently in the City Court lobby does not suggest to the reasonable observer that its message is of a religious nature." However, the court reiterated, the original display did violate the Establishment Clause. The AP yesterday reported on the decision.

Religion Clause Blog-- 3 Years Old Today!

Today is the third birthday of Religion Clause. Since "blog years" are even longer than "dog years," Religion Clause has at least reached puberty, if not adulthood. "It takes a village" to sustain a blog. So I want to thank my loyal community of readers for your nourishment and encouragement.

Last year at this time, I invited readers to suggest changes they would like to see. The overwhelming response was that I should not make significant changes. So I continue with the original 3-part "formula"-- (1) a clear focus on church-state and religious freedom issues in the U.S. and abroad; (2) extensive links to primary source documents; and (3) a commitment to objective, non-ideological reporting.

I am pleased that Religion Clause readership continues on an upward trend. This month-- with the Pope's visit to the U.S. and the much-publicized FLDS raid-- readership has increased significantly. If you are one of the new visitors to Religion Clause, I invite you to stick with us on an ongoing basis.

This year, the number of "Comments" posted by readers on Religion Clause has also increased significantly. A small group of readers have sometimes engaged in lengthy debates. I have generally not exercised any editorial prerogative to screen these. I am interested in reactions from other readers as to whether you find these debates useful and interesting.

So thanks again, especially to those of you who read this blog regularly. A special note of appreciation goes to those who send me "leads" on developments. I always read them and often use them. I hope all my readers will recommend the blog to others who may be interested in its coverage. And please e-mail me any comments or suggestions you may have.