Recent Scholarly Articles of Interest

From SSRN:

• Andrew M.M. Koppelman, Phony Originalism and the Establishment Clause, (Northwestern Public Law Research Paper No. 08-15, April 25 2008).


• Patrick McKinley Brennan, Differentiating Church and State (Without Losing the Church),(Georgetown Journal of Law & Public Policy, Forthcoming).


• Brian J. Bilford, Harper's Bazaar: The Marketplace of Ideas and Hate Speech in Schools, Stanford Journal of Civil Rights and Civil Liberties, Vol. 4, 2008).

The electronic journal, Law & Ethics of Human Rights, Vol. 1, 2007 has recently appeared through Bepress. Among the articles of interest in this issue devoted to Multiculturalism & the Anti-discrimination Principle are:

• Nancy L. Rosenblum, Banning Parties: Religious and Ethnic Partisanship in Multicultural Democracies.


• Rajeev Bhargava, On the Persistent Political Under-Representation of Muslims in India.


• Alon Harel, Regulating Modesty-Related Practices.


• Tzvia Greenfield, Is It Really so Benign? Gender Separation in Ultra Orthodox Bus Lines.


• Moshe Cohen-Eliya, Is Conditional Funding a Less Drastic Means?.


• Stephen Macedo, In Defense of Conditional Funding of Religious Schools.


• Iddo Porat, On the Jehovah's Witnesses Cases, Balancing Tests, and Three Kinds of Multicultural Claims.

From SmartCILP:

• Symposium. Gender Relevant Legislative Changes in Muslim and Non-Muslim Countries. Table of Contents, 64 Washington & Lee Law Review 1291-1568 (2007).

Jewish Parents In Plano, TX Say Students Harassed To Take New Testament

The Plano, Texas School District finds its policy of granting all outside groups equal access to unstaffed distribution tables at schools under attack. Saturday's Dallas Morning News reports that parents of some Jewish students at Vines High School say their children were pressured and taunted by other students to pick up a copy of the Gideons' New Testament. School officials have talked to students about tolerance, but have not disciplined anyone for making comments to the Jewish students such as "if the Bible touched you ... would you burn...?" Some parents have suggested that the schools limit display tables to quieter areas such as the library or classrooms. Others have urged the school to warn them when Christian displays are being set up.

Kentucky 10 Commandments Case Appealed To 6th Circuit

In the latter part of April a notice of appeal to the U.S. 6th Circuit Court of Appeals was filed in ACLU of Kentucky v. Grayson County, Kentucky, a case in which 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. (See prior posting.) On Thursday, The Record (Grayson County) reported that Liberty Counsel has agreed to argue the appeal at no cost to the county. Meanwhile the courthouse continues to display an empty frame where the Ten Commandments had been, while retaining the other documents in the display. The Ten Commandment Defense group has put up seven highway billboards showing the Ten Commandments, and more than 150 local businesses have agreed to display the Ten Commandments to protest their removal from the courthouse.

Turkish Schools In Pakistan Offer Moderate Islamic Alternative

Today's New York Times carries a front page article titled Turkish Schools Offer Pakistan a Gentler Vision of Islam. It reports on a group of Turkish educators-- offering an alternative to both public schools and madrasas-- who have:

an entirely different vision of Islam. Theirs is moderate and flexible, comfortably coexisting with the West while remaining distinct from it. Like Muslim Peace Corps volunteers, they promote this approach in schools, which are now established in more than 80 countries, Muslim and Christian....

They prescribe a strong Western curriculum, with courses, taught in English.... They do not teach religion beyond the one class in Islamic studies that is required by the state.... [H]owever, they encourage Islam in their dormitories, where teachers set examples in lifestyle and prayer....

The model is the brainchild of a Turkish Islamic scholar, Fethullah Gulen... Moderate as that sounds, some Turks say Mr. Gulen uses the schools to advance his own political agenda.

Illinois Man Seeks "In God We Trust" As New Name

Zion, Illinois school bus driver and amateur artist Steve Kreuscher is asking an Illinois court to permit him to legally change his name to "In God" [first name] "We Trust" [last name]. Yesterday's Chicago Daily Herald reports that the 57-year old says: "Those words are an endangered species. You might take it off the money, but you can't take away my name." A hearing on the name change is scheduled in a Lake County court on June 13. [Thanks to Scott Mange for the lead.]

West Virginia High Court Rejects Challenge To Prosecutor's Biblical References

In State of West Virginia v. Keesecker, (WV Sup. Ct. App., April 25, 2008) West Virginia's Supreme Court of Appeals rejected a claim by a defendant who had been convicted on six counts of sexual assault that her convictions should be reversed because the trial judge permitted the prosecutor to refer to biblical theory and examples during closing argument. Because no objection was made at trial to the comments, the court could reverse only under the "plain error doctrine". The court said:

The essence of the prosecutor's biblical citations ... involved the prosecutor's perception of the jury's role as the "Throne of Judgment" and the judge's role as the "Throne of Mercy." ...[T]he prosecutor cited various Old Testament characters and the judgments allegedly made by God upon their actions. Because this Court cannot conclude that the prosecutor's biblical references impacted the Appellant's substantial rights and seriously affected the fairness, integrity, or public reputation of the judicial proceedings, we decline to utilize the plain error doctrine....

The court however did reverse appellant's conviction and remand for a new trial on other grounds. Friday's Bluefield (WV) Daily Telegraph discusses the case.

Recent Develpments In the FLDS Child Custody Case

Carey Cockerell, the Texas Commissioner of Family and Protective Services, testified before the Texas Senate Committee on Health and Human Services last Wednesday on developments and challenges in the handling of children taken into foster care after the raid of the FLDS ranch in Eldorado, Texas. A recording of the full hearing is available from the Senate's website. The previously scheduled hearing was to focus on needs of the Department, on the foster care system and on preventing child abuse. The Department of Family and Protective Services posted on its website a release summarizing the Commissioner's testimony, as well as a follow-up letter to the chairman of the committee. DFPS has also posted a "Model for Care" for the FLDS children and a "Cultural Awareness Guide" for caregivers. Saturday's Deseret News discusses the Cultural Awareness Guide.

Last Thursday, Tom Green County District Court released a document titled the Bishop's Record that contains the names, ages and locations for many of the FLDS men, women and children. An article in Friday's San Angelo Standard-Times discusses the document and also contains a sidebar with links to all the court document that have so far been released in the case.Texas DFPS has posted on its website a breakdown by age and gender of the 464 FLDS children. The website also contains a chronology of the investigation and a Frequently Asked Questions document.

Meanwhile Cardozo Law School professor Marci Hamilton published an article on FindLaw contending that the due process and religious freedom arguments raised by FLDS members lack merit.

Israel's Supreme Rabbinical Court Invalidates Conversions Performed By Two Rabbis

In Israel, the tensions between those who want impose strict conversion standards on individuals seeking to become Jews and those who opt for somewhat more liberal standards have again surfaced in a decision of the Supreme Rabbinical Court last week. YNet News and My Obiter Dicta blog report that the Court has ruled all conversions performed since 1999 by Rabbis Chaim Drukman and Chaim Avior are invalid. As reported by Haaretz, the two rabbis in question operate a special conversion court at Or Etzion Yeshiva . The special courts were created to speed up the conversion process. They are responsible directly to the Prime Minister's Office and the government's chief rabbis. These special courts have been opposed by the ultra-Orthodox (haredi) Bet Din (religious court) system. The ruling came in the context of a divorce proceeding originating in the Ashdod Rabbinical Court, but the decision will affect many converts. The decision is likely to be appealed to Israel's High Court of Justice for final resolution.

UPDATE: Monday's Jerusalem Post reported that Chief Sephardi Rabbi Shlomo Amar assured the thousands of affected converts on Sunday that their conversions would continue to be recognized by the rabbinic establishment. Apparently Amar had expressly ordered the judges not to publish the opinion. Others, however, say that the charges leveled by the Supreme Rabbinical Court against Rabbi Chaim Drukman are so serious that his conversions will inevitably be called into question. The court accused Druckman of intentionally violating Jewish law, lying, and forging official rabbinic documents. The Jerusalem Post also reports that the Public Petitions Committee of the Knesset will hold an emergency meeting Monday to discuss the issue.

UPDATE: Tuesday's Jerusalem Post publishes an analysis of the ideological split involved in the conversion dispute. It views it as a clash between religious Zionist and haredi rabbis.

Iranian Artist In Europe Gets Death Threats From Home

A fatwa urging the killing of Iranian artist Sooreh Hera, who now lives in the Netherlands, has been published in Iranian newspapers, according to Fox News today. The death threats came after the artist attempted to display her photos of gay men titled "Adam & Ewald, Seventh-Day Lovers." Some of the photos include depictions of the Prophet Muhammad and his son-in-law Ali. Art Amsterdam, a Dutch art festival, has now agreed to show Hera's work next month, but only if the photos of partly undressed men wearing masks of Ali and Muhammad are excluded. Hera has called on the Dutch Ministry of Culture to give protection to controversial art and artists.

Britain Approves Shariah Compliant Insurance Company

Britain's Financial Services Authority has, for the first time, granted regulatory approval to an independent insurance company that will offer Shariah-compliant home and auto insurance. Financial Advice reported on Friday that Principle Insurance will now be able to offer Britain's 2 million Muslims insurance products that do not compromise their religious beliefs. The blog Islam in Europe explains details of the insurance products that the company will provide.

Anti-Evolution Film Makers Sued for Copyright Violations

The AP reported last week that producers of the already controversial film Expelled: No Intelligence Allowed are now being sued by Yoko Ono who claims that the film violates copyright laws by using portions of John Lennon's song Imagine in the movie. While the production company Premise Media says that it is protected under the fair use doctrine, Ono's lawsuit says that the way the song is listed in the film's credits inaccurately suggests to viewers that the producers had permission to use it. (Background from Wall Street Journal, April 16). The film's premise as set out by it producers is that "educators and scientists are being ridiculed, denied tenure and even fired – for the 'crime' of merely believing that there might be evidence of 'design' in nature, and that perhaps life is not just the result of accidental, random chance." On Friday, the Fair Use Project of Stanford Law School's Center for Internet and Society announced that it will defend Premise Media in the lawsuit.

Court Says Employer Has Burden Under Title VII To Attempt Accommodation

In EEOC v. Texas Hydraulics, Inc., (ED TN, April 16, 2008), a Tennessee federal district court denied defendant's motion for summary judgment in a Title VII religious discrimination lawsuit. Keith Vogeler, a production employee, would not work from sundown Friday to sundown Saturday for religious reasons. Vogeler was dismissed by Texas Hydraulics after refusing to work on seven different Saturdays. The court held that, under Title VII of the 1964 Civil Rights Act, the employer has the burden of showing that it offered the employee a reasonable accommodation or at least considered possible options that would have accommodated an employee and that these options were rejected because they would have caused an undue hardship. Here Texas Hydraulics offered no evidence that it attempted to find a reasonable accommodation. The case is discussed in last Monday's BNA Corporate Law Daily [subscription required].

USCIRF Issues Its 2008 Report on International Religious Freedom

Today the U.S. Commission on International Religious Freedom announced release of its 2008 Annual Report (full text) recommending eleven countries be designated as "countries of particular concern"-- those that are are most restrictive of religious freedom. The countries on the list are: Burma, North Korea, Eritrea, Iran, Pakistan, China, Saudi Arabia, Sudan, Turkmenistan, Uzbekistan, and Vietnam. The Report also includes a Watch List of countries that require close monitoring, though which are less oppressive that the CPCs. Those on the Watch List are Afghanistan, Bangladesh, Belarus, Cuba, Egypt, Indonesia, and Nigeria. The Commission is postponing its recommendations as to Iraq pending a Commission visit to the country later this month. This compromise was approved after a sharp party-line split among Commissioners over the draft chapter in the report on Iraq. (New York Sun). USCIRF's recommendations are made pursuant to provisions of the 1998 International Religious Freedom Act. This year's recommendations largely mirror those in last year's report. USCIRF's recommendations go to the State Department for its use in preparing its annual report on international religious freedom. [Thanks to Blog from the Capital for the lead.]

New Appeal Filed By FLDS Mothers In Attempt To Regain Custody of Children

On Wednesday, attorneys for 38 mothers of children taken from the FLDS Ranch in Eldorado, Texas filed an an Amended Petition for Writ of Mandamus (full text) with a Texas state appellate court seeking return of their children. The case is captioned In re Sara Steed, et. al. (TX 3d Ct. App.). The new petition argues that the trial court abused its discretion in failing to return the children to their mothers and in denying them visitation rights.

Today's Ft. Worth Star Telegram says the petition argues that the children should not have been removed from their mothers without evidence the mothers pose an immediate physical danger to the children. It alleges that mere fear of a dangerous culture or mindset is insufficient to justify removal. Yesterday's Deseret News reports the petition suggests that the mothers and children could be ordered to live together off the FLDS compound while the state is investigating. Since the FLDS men are the alleged abusers, they could be ordered off the YFZ Ranch or protective orders barring the men from contact with the women and children could be issued. (See prior related posting.)

6th Circuit Rejects Amish Challenge to Septic Tank Requirements

In Beechy v. Central Michigan District Health Department, (6th Cir., April 23, 2008), the U.S. 6th Circuit Court of Appeals rather summarily affirmed a district court decision rejecting free exercise and RLUIPA claims by Amish defendants who objected to septic tank size requirements. The Amish claimed that installing larger tanks would incur wasteful expenses and tempt them to install modern conveniences in their homes, such as bathrooms. The court held that challengers had not shown any "substantial burden" on a religious practice. It also upheld the trial court's denial of plaintiffs' motion to amend their complaint and allege a new state law claim under Michigan's Right to Farm Act.

Indian Tribe Faction Asserts Religious Rights To Support Land Takeover

In Wisconsin, a Lac Du Flambeau tribal court is being asked to grant a restraining order and an injunction to prevent law enforcement officials from removing members of the Ginew faction of the tribe from a piece of tribal land they have taken over in protest against financial activities of the Tribal Council. The Rhinelander Daily News yesterday reported that the dissident Ginew faction has erected a large tent on the occupied land and constructed a sacred fire inside. Relying on this, the dissidents say that now their First Amendment rights and their rights under the Native American Free Exercise of Religion Act would be violated if they are removed from the land.

Court Finds Church-State Problems With University Training Manual

In Sklar v. Clough, (ND GA, April 29, 2008), a Georgia federal district court found substantial problems with material included in a training manual used in Georgia Institute of Technology's "Safe Space" program. Safe Space is designed to create a supportive environment on campus for gay, lesbian, bisexual and transgender students. In an 84-page opinion, the court focused on material dealing with the views of various religious groups regarding homosexuality. It held that inclusion of this material violates the Establishment Clause by favoring some religious beliefs over others.

In the opinion the court also dismissed claims regarding use of student activity fees because there had not been adequate proof of the responsibility of the specific named defendants. However the court suggested that a suit against proper defendants could well be successful. It said the school's policy against funding religious activities with student fees is administered in a manner that "is whimsical and would appear to exceed even an arbitrary and capricious standard." Alliance Defense Fund yesterday issued a release reporting on the court's decision. Also the Atlanta Journal Constitution and Inside Higher Education both report on it. (See prior related posting.)

Suit Challenging Limits On School Art Projects Settled

Yesterday's Wausau (WI) Daily Herald reports that the parties have agreed in principle to a settlement in A.P. v. Tomah Area School District, a case in which a Tomah High School student challenged a school policy that prohibits art class projects from depicting "violence, blood, sexual connotations, [or] religious beliefs." The school says the policy was intended to keep satanic or gang symbols and other "negative expression" out of student artwork. However, in this case a student was denied credit for a project in which he included a cross and a reference to a Biblical verse. (See prior posting.) Under the agreed upon settlement, students will still be prohibited from depicting gang symbols, violence, blood and sex. However, they will be permitted to express their religious beliefs in their art projects so long as inclusion of religious content satisfies the assignment criteria.

9th Circuit Keeps Injunction Against Pharmacy Board Rules In Place

Yesterday in Stormans Inc. v. Selecky, (9th Cir., May 1, 2008), in a 2-1 decision the U.S. 9th Circuit Court of Appeals refused to stay a preliminary injunction that the district court had entered barring enforcement of Washington State Pharmacy Board regulations against plaintiff, a religious objector to dispensing the "morning after" (Plan B) pill. The challenged regulations require pharmacists to fill all prescriptions even if doing so violates their religious beliefs. (See prior posting.) The majority said that even if the district court was wrong in concluding that the Pharmacy Board regulations violate the Free Exercise clause, there is insufficient evidence that intervenors who sought the stay will face irreparable harm if the injunction remains in effect pending appeal. The injunction requires that a pharmacist who refuses to fill a prescription for Plan B must refer the customer to a nearby source for it.

Judge Tashima wrote a lengthy dissent concluding that appellants had a strong likelihood of success on the merits. Therefore so long as there was a possibility of irreparable harm, particularly in light of the public interest involved, the preliminary injunction should have been stayed. Reuters and Life News both report on the 9th Circuit decision.

Queen's Grandson Keeps Place In Succession As His Fiancee Converts

Britain's Act of Settlement of 1701 requires the monarch to be a member of the Church of England and excludes from the position of king or queen any member of the royal family who has married a Catholic. Agence France-Presse reports today that Queen Elizabeth II's eldest grandson, Peter Mark Andrew Phillips, can remain as eleventh in line for the throne. His fiancee, Autumn Kelly (who he will marry later this month) has converted from Catholicism to the Church of England. Peter Phillips is the oldest child of Princess Anne from her marriage to Captain Mark Phillips. Today's Scotsman says that this development has renewed calls for repeal of the Act of Settlement. (See prior posting).

Times Explores Obama-Wright Relationship

This morning's New York Times carries an interesting article on Barack Obama's relationship with his former pastor Jeremiah Wright, and the eventual rift between them. It says: "Theirs was a long and painful falling out, marked by a degree of mutual incomprehension."

Danish Party Opposes Muslim Magistrates Wearing of Head Scarves

According to a story today from Agence France-Presse, Danish authorities last December authorized Muslim magistrates to wear headscarves in their courtrooms. Now that this has been recently disclosed, Denmark's right-wing DPP party is launching a series of newspaper ads opposing the practice. The ads call headscarves a "veil of tyranny". Justice Minister Lene Espersen suggested that new rules might be adopted that would ban judges from wearing any religious symbol that could impair the neutrality of the court. This would include Christian crosses as well as Muslim head scarves.

Today's National Day of Prayer Is Surrounded by Controversy

Today is National Day of Prayer (see prior posting), and controversies surround it. Jews on First reports that its campaign for an "Inclusive National Day of Prayer" has failed. Its website says: "Almost all of the governors ... have issued National Day of Prayer proclamations to the National Day of Prayer Task Force, a group linked to Focus on the Family.... even though we informed the governors that the Task Force practices religious discrimination." (See related prior posting.)

Meanwhile, yesterday the Public Record reported that at least six active duty military officers (chaplains and others) have been working closely with the National Day of Prayer Task Force as coordinators of events at military installations. The application that coordinators must sign states in part: "I agree to ... ensure a strong, consistent Christian message throughout the nation. I commit that NDP activities I serve with will be conducted solely by Christians while those with differing beliefs are welcome to attend." This may raise Establishment Clause issues.

Alliance Defense Fund says that its "attorneys sent an informational letter last week to nearly 1,200 of the nation's largest cities, advising them of their constitutional right to recognize and participate in the 2008 National Day of Prayer...."

In Washington, DC, the 90-hour long U.S. Capitol Bible Reading Marathon, held on the steps of the nation's Capitol, comes to an end today. In the afternoon, there will be a Pastors and Church Leaders Gathering at the Cannon House Office Building and in the evening there will be a Public Prayer and Unity Assembly on the West Lawn of the Capitol. (Details). Usually the White House has its own separate National Day of Prayer ceremony. (See 2007 Day of Prayer posting.)

UPDATE: This morning, the White House hosted its own National Day of Prayer ceremony-- as it has done for the last 8 years. A video of the entire ceremony is available from the White House website. The ceremony was opened by NDP Task Force Chair Shirley Dobson who announced all sorts of prayer events taking place around the country, including private pilots and their passengers flying near state capitols in every state, and a "pray for election day" initiative. President Bush spoke at the event (transcript), which included Jewish as well as a variety of Christian participants.

Truck Owner Says Town Is Discriminating Against His Religious Speech

WWNYTV News on Tuesday reported that a contractor in Gouverneur, New York is challenging a citation he received for violating the town's billboard ordinance (full text , see Sec. 17.N.). Dan Burritt has parked a large semi-trailer on his property and put up religious messages on both sides of it. The town says this is in reality a billboard that requires a permit. Burritt's lawyers, however, say that the town is singling out religious speech because another semi-trailer with a drug company logo on it is parked beside a town road and no citation has been issued claiming that it violates the billboard law. The WWNYTV story includes photos of the two trucks. [Thanks to Alliance Alert for the lead.]

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.