Recent Prisoner Free Exercise Cases

In Adegbuji v. Green, (3d Cir., May 19, 2008), the U.S. 3rd Circuit Court of Appeals agreed with the district court that the free exercise rights of an INS detainee were not violated when he was limited to attending only one religious class or service per week while in custody.

In Tayr Kilaab Al Ghashiyah v. Litscher, (7th Cir., May 15, 2008), the U.S. 7th Circuit Court of Appeals upheld the lower court's dismissal of three sets of free exercise claims by a prisoner-- that he was not permitted to use only his religious name when filing grievances and sending mail, that he could not obtain food that complied with his religious requirements, and that he was denied access to religious property and the use of prayer oil.

In Harris v. Alves, 2008 U.S. Dist. LEXIS 40180 (ED WA, May 19, 2008), a Washington federal district court rejected a prisoner's free exercise and RLUIPA challenges to a prison rule that did not allow him to leave his desk to pray during a computer class, but instead limited him to praying silently at his desk, or praying before or after class or during the class break. The court also rejected an equal protection complaint regarding the denial of plaintiff's right to change his work schedule and to take certain educational classes.

In Schipke v. Chapman, 2008 U.S. Dist. LEXIS 40287 (ND TX, May 19, 2008), a Texas federal district court rejected a federal prisoner's religious objection to prison authorities collecting a DNA sample from her as required by federal law.

In Waff v. Reisch, 2008 U.S. Dist. LEXIS 39710 (D SD, May 14, 2008), a federal magistrate judge refused an indigent pro se prisoner's request for appointed counsel in his lawsuit challenging a denial of access to a kosher diet.

Texas Fears Flight If FLDS Children Are Released

In Texas, Child Protective Services lawyers have raised a new argument in their appeal to the Texas Supreme Court seeking to keep custody of children taken during a raid of the FLDS compound in Eldorado. Today's Houston Chronicle reports updated court filings argue that if the children are released to their parents, the families might flee to FLDS settlements in Utah and Arizona, taking the children outside the reach of Texas courts. (See prior related posting.)

Former Library Employee Brings Free Exercise Suit Over Harry Potter Event

In Cape Girardeau, Missouri yesterday, the ACLU filed suit on behalf of library-assistant Deborah Smith who was suspended for ten days without pay after she refused to work at an event that she said violated her religious beliefs. After she returned, her duties were made more labor intensive. This led her to resign for medical reasons. St. Louis Today reports that Smith refused to take part in a July 2007 event at the Poplar Bluff Public Library that was held to mark the release of the book "Harry Potter and the Deathly Hallows." Library employees were expected to dress as witches and wizards at the event. Smith, a Southern Baptist, believes that the Harry Potter books popularize witchcraft and practice of the occult. Smith's federal lawsuit-- filed after the EEOC and the Missouri Commission on Human Rights upheld her right to sue-- claims that the library's action against her violated her right to the free exercise of religion.

Philadelphia Boy Scouts Sue To Keep Free Space

In Philadelphia, the Cradle of Liberty Council of the Boy Scouts has sued the city in an attempt to remain in their city-owned headquarters without paying market-rate rents. For the last 80 years, the Boy Scouts have leased a building from the city for $1 per year. However Philadelphia's 1982 Fair Practices Ordinance bars the city from supporting groups, like the Boy Scouts, that discriminate, and the city had ordered the Scouts to pay $200,000 per year beginning June 1. The Scouts, under their national policy, exclude openly gay boys from membership. They also ban atheists from membership. The Washington Post and Philadelphia Inquirer report that the scouts federal lawsuit filed last Friday claims that the city leases space for nominal rent to around 100 other groups with restrictive membership criteria, including the Roman Catholic Church of the Maternity of the Blessed Virgin Mary and Zion Baptist Church. [Thanks to Bob Ritter for the lead.] [Updated]

Christian School Loses Non-Profit Status

BNA's Daily Report for Executives [subscription required] reports that the IRS has revoked the non-profit tax eligibility of Heritage Christian Schools for Children, Stone Mountain, Ga. The determination made public in IRS Announcement 2008-49 [BNA subscription required] is scheduled for publication today in Internal Revenue Bulletin 2008-21.

Church Challenges Anchorage, Alaska Zoning Rules

In Anchorage, Alaska last week, the Rabbit Creek Community Church filed a federal lawsuit against the city charging that the city's land use code discriminates against religious groups. KTUU News reported yesterday that under the city's zoning laws, only churches are required to obtain additional review and approval before building in or near a residential neighborhood. For years, the city has refused to allow Rabbit Creek Community Church to expand its present building, citing safety, drainage, water and buffering issues.

Indian Artist Cleared of Charges From Painting of Nude Goddess

In India earlier this month, a 92-year old artist, Maqbool Fida Husain, was cleared of charges that his painting Bharat Mata (Mother India) is obscene and hurts public sentiments. The painting depicts the Hindu goddess as a nude woman. Both the London Times and the Times of India reported on May 9 on quashing of the indictments in three cases. Complaints against Husain, who is sometimes known as the Picasso of India, were filed by right wing Hindu groups. In a strongly worded opinion, Delhi High Court Justice Sanjay Kishan Kaul said: "A painter has his own perspective of looking at things, and it cannot be the basis of initiating criminal proceedings.... It is most unfortunate that India's new puritanism is being carried out in the name of cultural purity and that a host of ignorant people are vandalising art and pushing us towards a pre-Renaissance era." Husain moved to Dubai in 2006 after Hindu activists focused on his art work.

Catholic School Wins Temporary Injunction Against New Zoning Restrictions

In Notre Dame Academy, Inc. v. City of Suwanee, Georgia, (Super. Ct., Gwinett Co. GA, May 23, 2008), a Georgia state trial court issued a temporary injunction prohibiting the city of Suwanee, Georgia from enforcing its moratorium on accepting building or development permits. It also barred the city from adopting new special use permit requirements that had been proposed. The court found that the moratorium and proposed permit requirement infringe the religious exercise rights of Notre Dame Academy, a Catholic elementary school that intends to purchase land to relocate its school to Suwanee. Imposing the moratorium on the religious school, the court said, would violate several provisions of the Religious Land Use and Institutionalized Persons Act. Alliance Defense fund issued a press release on Friday discussing the decision.

Italian Museum Under Pressure For Display of Kipppenberger's Crucified Frog

In Italy, according to ANSA yesterday, politicians as well as clerics are calling for Museion, a modern art museum in Bolzano, to remove its display of a sculpture by late German artist Martin Kippenberger. The statue, part of Kippenberger's "Fred the Frog" series, is a pop-eyed frog crucified on a cross holding a mug of beer. Bolzano Province President Luis Durnwalder called the statue ''an offense'' said it should be removed from display while further discussion over what to do with it takes place. He said that the area population, which is overwhelmingly Catholic, may find the piece to be a ''provocation.'' Local bishop Wilhelm Egger says the display has hurt the religious feelings of museum visitors. Cath News carries a photo of the offending sculpture.

Recent Scholarly Articles on Church-State, Law and Religion

From SSRN:

• Robert C. Blitt, How to Entrench a De Facto State Church in Russia: A Guide in Progress, (2008).


• Ali Ali Kahn, The Immutability of Divine Texts, (Brigham Young University Law Review, Forthcoming).


• Samuel Wolfe Calhoun, May the President Appropriately Invoke God? Evaluating the Embryonic Stem-Cell Vetoes, (Rutgers Journal of Law and Religion, Forthcoming).


• Kristi L. Bowman, Public School Students' Religious Speech and Viewpoint Discrimination, (West Virginia Law Review, Vol. 110, No. 1, 2007).


• Andy G. Olree, The Continuing Threshold Test for Free Exercise Claims, (William & Mary Bill of Rights Journal, Forthcoming, 2008).


• Keith S. Blair, Praying for a Tax Break: Churches, Political Speech and the Loss of Section 501(C)(3) Tax Exempt Status, (Denver University Law Review, Forthcoming).

Israeli Conversion Authority and Religious Courts Are In Disarray

In Israel last week, the Prime Minister's Office announced that at the end of June it would not renew the employment contract of 75-year old Rabbi Haim Druckman, head of the State Conversion Authority. Last Thursday's Jerusalem Post reported that the government said the reason for its action was Druckman's advanced age. Normal civil service retirement age is 67. However Druckman says the move is in response to pressure from the ultra-Orthodox haredi rabbis who control the High Rabbinical Court. Earlier this month, that Court issued a controversial ruling tht called into question thousands of conversions previously performed by Druckman, or overseen by him. (See prior posting.) [Thanks to Religion and State In Israel for the lead.]


Meanwhile, Haaretz reported last week that a comptroller's review of the speed and quality of judicial proceedings in Rabbinic courts in Tel Aviv and Petah Tikva during 2007 found significant problems. Hearings were postponed in 26% of cases because of the absence of judges. There were delays in granting a "get" (divorce decree) in 17% of cases. The Peta Tikva court was without an administrator because the judges objected to the fact that a woman had been appointed to the position.

Muslims, Sikhs In Pakistan Feud Over Proximity of Houses of Worship

In Lahore, Pakistan, tension has arisen between Sikhs and Muslims over the location of their respective places of worship. Pakistan's Daily Times today reports that Auqaf Department rules provide that places of religious worship should be at least 200 feet apart to avoid interfaith clashes. A shopkeeper at the Naulakha Bazaar has recently set up a mosque on the roof of his shop. It is only 25 feet away from the Gurdwara Shaheed Singh Singhrian. The shopkeeper failed to obtain a No Objection Certificate from authorities for the mosque. Raja Ashfaq, president of Naulakha Bazaar, threatened to burn down the gurdwara if the mosque is closed. Meanwhile Jammu and Kashmir State Property Pakistan that owns the Naulakha Bazaar said the shopkeeper has violated its rules by modifying the structure to build the mosque.

Beaumont, Texas Noise Ordinance Suit Settled

Alliance Defense fund announced on Friday the settlement of a federal lawsuit against Beaumont, Texas filed after the city's arrest in 2005 of two Christians preaching and carrying signs denouncing homosexuality. The two, preaching on a public sidewalk, were charged with violating the city's noise ordinance after police told them that their activity was upsetting people. In the settlement, the city agreed to amend the noise ordinance to include a decibel level and also agreed to provide police training in First Amendment rights.

Michigan Appellate Court Holds State Recognizes Ministerial Exception

In Weishuhn v. Diocese of Lansing, (MI Ct. App., May 22, 2008), a Michigan state court of appeals held that the "ministerial exception" exists under Michigan law to bar discrimination claims under the state's Elliott Larsen Civil Rights Act. According to the court, the doctrine "precludes subject matter jurisdiction over claims involving the employment relationship between a religious institution and its ministerial employees." The court remanded the case to the trial court for it to determine whether plaintiff, a mathematics and religion teacher at St. Mary’s Elementary School in Mount Morris, Michigan, was a "ministerial" employee. The trial court was ordered to consider whether the teacher had primarily religious duties of religious significance, whether her position was primarily religious and whether her functions were essentially liturgical. In the case, teacher Madeline Weishuhn alleges retaliatory termination.

Santeria Priest Seeks Records On Florida Police Raid

In Coral Gables, Florida, a Santeria priest is threatening to file suit if the city continues to refuse his public records request to obtain documents relating to a June 8, 2007 police raid on a ceremony taking place in a private home. The ceremony, being performed by Santeria priest Jesús Suarez, includes the sacrifice of several animals. It appears that neighbors complained to police that they could hear the animals suffering. Yesterday's Miami Herald reports that about two dozen officers came to the home with guns drawn and held participants in the ceremony against their will for several hours. Ernesto Pichardo, president of the Church of Lukumi Babalu Aye, hired an attorney to file the request to determine whether the raid violated the religious freedom of Santeria members. Pichardo successfully challenged Hialeah, Florida's ban of animal sacrifice in the US Supreme Court in 1993.

Egyptian Film Maker Faces Hurdles In Producing Movie On Muslim View of Jesus

An Egyptian film maker, Mohammad Aziziah, is facing multiple legal hurdles as he plans to produce a film titled The Arab Messiah. Gulfnews today reports that the film will reflect the Quranic view that instead of being crucified, Jesus was raised alive to heaven. In the planned movie, Jesus will speak Arabic and be portrayed by an Arabic actor. Najeeb Gabriel, who is an adviser to Egypt's Coptic Christian Pope Shenouda, said that he plans to file suit to stop production of the movie or to have the script changed to reflect the Christian view of Jesus death. Meanwhile Ebrahim Al Fayoumi, the Secretary General of Al Azhar's Islamic Research Centre, said that his organization will ban the move. The Centre has authority under Egyptian law to license religious dramas. It bans all movies that present a personal portrayal of prophets on the ground that this detracts from prophets' spiritual importance.

Clinton Speaks At Puerto Rican Church

Presidential candidates continue the practice of speaking from church pulpits on Sunday mornings, despite IRS concerns over implied political endorsements by non-profit organizations. Yesterday, according to the AP, Hillary Clinton "offered a spiritual defense for continuing her presidential campaign" as she spoke to the congregation at the Pabellon de la Victoria evangelical church in Hormigueros, Puerto Rico. The appearance began with an hour of religious singing and dancing led by a band and chorus. It is unclear whether the church also invited other candidates to appear.

Presidential Proclamation, Radio Address Mark Memorial Day

Last week, the President issued his "Prayer for Peace, Memorial Day 2008" Proclamation (full text), which reads in part:

In respect for their devotion to America, the Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

While President Bush, in his Saturday radio address (full text) called on Americans "to honor the sacrifices of those who have served you and our country," one small fringe group disagreed. On Friday, for about an hour before a Memorial Day service in Stuart, Florida's Veterans Memorial Park, members of the anti-gay Topeka, Kansas Westboro Baptist Church carried signs with slogans such as "God killed your sons." Protester Ben Phelps told TCPalm : "This country has made an occupation ... of worshipping these dead soldiers.... In fact, the only thing they're fighting for is for (homosexuals) to marry."

Amish Refuse To Follow Sewage Disposal Code

In Ebensburg, Pennsylvania, members of the small Swartzentruber Amish community are at odds with county officials over handling of waste from two out houses at the community's school. Sunday's Mansfield (PA) News Journal reports that the Amish group has religious objections to complying with code requirements that the waste be collected in a holding tank and disposed of by a certified sewage hauler. Instead, the Amish group collects the waste in plastic buckets and dumps it on their fields. Andy Swartzentruber, on whose land the outhouses sit, and school elder Sam Yoder, have each been fined $500 for violating the state sewage disposal law. Yoder says that he will go to jail rather than abide by the sewage disposal requirements. The Cambria County Sewage Enforcement Agency and other officials are trying to work out a compromise with the religious group.

Humanitarian Group Is Religious Organization Under Title VII

In Spencer v. World Vision, Inc., 2008 U.S. Dist. LEXIS 40938 (WD WA, May 21, 2008), a Washington federal district court was called on to determine whether World Vision, Inc. is a "religious association" under Title VII of the 1964 Civil Rights Act. Applying a 9-factor test, the court decided that the nonprofit Christian humanitarian organization at issue meets the requirements for a religious organization and thus, under 42 USC Sec. 2000e-1(a) is exempt from Title VII's ban on religious discrimination in employment.

High Schooler Wants To Wear Eagle Feathers On Graduation Robe

In Pembroke, North Carolina, high school senior Corey Bird wants to wear eagle feathers on his graduation gown to honor his grandparents. Friday's Fayetteville (NC) Observer reports that Bird, whose father is Lumbee and Sisseton-Wahpeton Sioux, was told by Purnell Swett High School Principal Antonio Wilkins-- himself a Lumbee-- that school policy bans the wearing of messages, signs and the like on caps and gowns. The legal director for the ACLU of North Carolina says, however, that Bird has a good case for wearing the feathers as an exercise of his religious freedom. (Faytetteville Observer).

UK Will Not Prosecute Anti-Scientology Picket

Friday's London Guardian reports that Crown Prosecution Service has decided it will not prosecute a 16-year old boy for carrying a sign outside the headquarters of the Church of Scientology earlier this month accusing it of being a "dangerous cult". City of London police had issued a summons to the boy after he refused to put down the sign. Police claimed he violated the Public Order Act (as amended by the Racial and Religious Hatred Act of 2006) by inciting religious hatred. The Prosecution Service decided however, that the sign was neither "abusive or insulting" and therefore did not violate the law.

Federal Court Rejects Removal Of State Zoning Challenge

Friday's Aspen (CO) Times reports on the long battle by Grace Church in Emma, Colorado to build a new building on Highway 82. In 2005, Pitkn County commissioners denied the church's application, but then reversed their decision after the church filed a federal lawsuit under the Religious Land Use and Institutionalized Persons Act. Commissioners feared that otherwise the court would allow an even larger church building to be build. Neighbors of the new location, however, unhappy with the Commissioner's reversal, filed a lawsuit in state court claiming the commissioners failed to hold a public hearing on the project and violated the county's land-use code. In Emma Caucus Inc. v. Board of County Commissioners of the County of Pitkin, (D CO, May 21, 2008), the Colorado federal district court in which the RLUIPA case had been filed rejected Grace Church's attempt to remove the state court challenge to federal court. The district court said:

the state court complaint discloses that it has nothing to do with federal law, much less "arise under" federal law. It is a common-variety action to review an administrative zoning decision on the ground that the decision was an abuse of discretion, was procedurally defective, and failed to observe state and local laws concerning land use.

8th Circuit Finds No Standing In Parochial School Busing Case

In Pucket v. Hot Springs School District, (8th Cir., May 23, 2008), the U.S. 8th Circuit Court of Appeals held that plaintiffs lack standing to pursue their 1st and 14th Amendment challenge to a South Dakota school district's temporary termination of busing of students to Bethesda Lutheran School. Before a 2003 change in state law, the school district lacked statutory authority to provide busing to private and parochial schools. After the change in the law, plaintiffs never actually requested the school district to resume busing. The decision affirms the district court's dismissal without commenting on the merits of the underlying claim which had in part been reached by the lower court. (See prior posting.)

Midwife For Pennsylvania Amish Wins Reversal of Charges Against Her

In Goslin v. State Board of Medicine, (PA Commn. Ct., May 23, 2008), a Pennsylvania appellate court has reverse an order issued by the State Board of Medicine that had barred midwife Diane Goslin from continuing to practice as a midwife and had imposed a civil monetary penalty. Goslin has delivered babies for the Amish community for 24 years, but has never obtained a license because she is not a registered nurse as required by state law. (See prior posting.) The Commonwealth Court held that the practice of midwifery is not the practice of medicine. In connection with charges that Goslin violated the state's regulation of midwives, the court held that Goslin did not receive adequate notice of the charges being brought against her. The Medical Board charged her under statutory provisions relating to nurse-midwives, while in fact she was being charged under a different provision of law prohibiting the practice of midwifery without a state certificate by those who are not registered nurses. Yesterday's Philadelphia Inquirer reporting on the decision pointed out that the court left undecided whether non-nurses can still obtain certificates to practice as midwives in Pennsylvania.

California City Will Vote On Adopting "In God We Trust" As Motto

A California city is moving to adopt "In God We Trust" as its official motto. Friday's Fresno (CA) Bee reports that Porterville, CA has a measure on its June 3 ballot that calls for adopting the motto. The motto is already unofficially on display in city council chambers, but its official adoption will place it on city letterhead as well. Council Member Eddie Hernandez who supports the proposal said: "We need to bring faith back into our community. We need to show we believe in a higher being." [Thanks to Scott Mange for the lead.]

Texas Appeals In FLDS Custody Case; 12 Children Released

The Deseret News reports that on Friday the state of Texas filed an appeal with the Texas Supreme Court asking it to stay the order of a state appellate court and keep over 450 FLDS children in foster care pending appeal of the lower court's decision to return the children to their parents. The Department of Family and Protective Services filed a Motion for Emergency Relief and a Petition for Writ of Mandamus. The state argued not merely that returning the children would subject them to risk of harm, but also that until DNA testing is complete the state cannot properly match children to the correct parents. In their Response, counsel for the parents said that the identification argument is a "red herring".

Meanwhile, according to the AP, in San Antonio on Friday the state reached an agreement with attorneys for three FLDS families to temporarily return their children to them. The agreement came after the families filed lawsuits in Bexar County seeking release of their children. The families will remain in the San Antonio area under state supervision.

As individual hearings continue in the cases in San Angelo, the media gave a good deal of attention to a photo introduced by the state in one of the hearings. It shows now-arrested sect leader Warren Jeffs romantically kissing a 12-year old girl. Today's San Angelo Standard-Times reports that the evidence was introduced in the hearing on custody of an infant who is the niece of the young girl pictured with Jeffs. [Thanks to Melissa Rogers for the lead.]

Some Jewish Supporters Defend Rev. Hagee's Holocaust Remarks

While John McCain has publicly distanced himself from Rev. John Hagee over Hagee’s remarks about the Holocaust (see prior posting), according to today's Washington Times some Jewish supporters of Hagee have come to his defense. Rabbi Aryeh Scheinberg, an Orthodox rabbi from San Antonio, said that Hagee "interpreted a biblical verse in a way not very different from several legitimate Jewish authorities…. Viewing Hitler as acting completely outside of God's plan is to suggest that God was powerless to stop the Holocaust, a position quite unacceptable to any religious Jew or Christian." And David Brog, the Jewish executive director of Hagee’s Christians United for Israel, said: "This is a legitimate effort to grapple with the age-old question of why God allows evil in the world."

Massachusetts Church Sues Over Parking Lot Requirement

An historic church in Lanesville, Massachusetts last Monday filed a federal lawsuit against the city's zoning board which is refusing to allow the church to add a multi-use addition onto its original post-Civil War building. Friday’s Gloucester (MA) Daily Times provides details. At issue is whether the Orthodox Congregational Church of Lanesville will need to provide on-site parking as part of its proposed project. The city's zoning ordinance excludes "places of worship" from the parking requirement. However zoning officials say that the addition should be classified as a multi-purpose function hall that requires parking. The lawsuit alleges religious discrimination, violation of the church's free exercise and free expression rights and denial of equal protection of the laws.

South Carolina Legislature Authorizes "I Believe" License Plates

On Thursday the South Carolina Senate concurred with the House and sent to the governor for his signature S. 1329, a bill authorizing the state to produce specialty license plates that "contain the words 'I Believe' and a cross superimposed on a stained glass window." The American Jewish Congress has urged Gov. Mark Sanford to veto the bill, saying it singles out one faith for special treatment. Reporting on this, The State on Thursday says that proponent argue this merely gives individuals a choice to express their personal religious beliefs on their own automobiles. The Charlotte Observer reported on Friday that House Speaker Bobby Harrell said he believes a House amendment removes constitutional problems. The enacted version provides that the issuance of the plates must comply with 2006 legislation (SC Code of Laws, Sec. 56-3-8100) requiring the Department of Motor Vehicles to have 400 prepaid orders, or an advance of $4000 from a private group, before issuing specialty plates. [Thanks to Scott Mange for the lead.]

McCain Breaks With Hagee Over Controversial Sermon From 1990's

A number of newspapers, including the New York Times and the Washington Post, reported yesterday that Republican presidential candidate John McCain has formally rejected the earlier endorsement he received from controversial televangelist Rev. John C. Hagee. Hagee, who is pastor of Cornerstone Church in San Antonio, was also a founder of Christians United for Israel. McCain's statement came after an audio recording of a Hagee sermon from the 1990's became available in which Hagee said that the Holocaust was part of God's plan foretold in the Old Testament Book of Jeremiah. This disclosure followed a series of others about controversial Hagee statements. About the same time that McCain announced his break, Hagee issued a statement withdrawing his endorsement of McCain and ending any active role in the campaign in order to prevent his remarks being used politically against McCain. Newsweek has the full text of both McCain's and Hagee's statements.

Later yesterday McCain also rejected the endorsement of Ohio preacher Rod Parsley who has said that Islam is an inherently violent religion. (AP). An article published in Mother Jones in March outlines some of Parsley's other anti-Muslim remarks.

British Tribunal Finds Religious Discrimination By Christian Charity Group

In Britain last week, an Employment Tribunal in Abergele (Wales) held in two cases that a Christian charity, Prospects for People With Learning Disabilities, violated Britain's Employment Equality (Religion or Belief) Regulations 2003. The British Humanist Association issued a release discussing the facts:

Prospects, a Christian charity which receives public money for its work with people with learning disabilities, and which had previously employed a number of non-Christian staff and volunteers ... in 2004 ... began recruiting only practising Christians for almost all posts, and told existing non-Christian staff that they were no longer eligible for promotion.

The Equality Regulations have an exception where a particular religion or belief is a genuine occupational requirement. BHA Chief Executive Hanne Stinson said: "The Tribunal’s judgment makes clear that a court will make an objective assessment of what a 'religious ethos' is, and states that it is not for the religious organisation itself to define its ethos, where this does not accord with reality on the ground." The cases are Sheridan v. Prospects for People With Learning Disabilities, (May 13, 2008) and Hender v. Prospects for People With Learning Disabilities, (May 13, 2008). Today's Reading Evening Post discusses the allegations in each of the cases. Mark Sheridan was a manager who objected to being forced to hire only Christians. Louise Hender claimed she was denied a promotion because she was not a Christian.

South Carolina Legislature Passes Public Invocation Act

A news release from Alliance Defense Fund reports that on Wednesday the South Carolina legislature passed the South Carolina Public Invocation Act, S. 638. The law provides that state or local governing bodies may open their sessions with prayer offered on a rotating basis by members of the body, on a rotating basis from a wide pool of the religious leaders serving established religious congregations in the local community, or by a chaplain elected by the governing body.

House of Lords Bars Suit Against Nuns on Limitations Grounds

Britain's House of Lords this week dismissed claims filed by two women and a man alleging beatings and abuse many years ago by nuns of the Poor Sisters of Nazareth. The alleged abuse took place at a Nazareth House home in Glasgow. The case, a test case for several hundred others as well, was not filed until a newspaper expose of the abuse published in 1997. Plaintiffs in Bowden v. Poor Sisters of Nazareth, (House of Lords, May 21, 2008), unsuccessfully asserted that the court should have invoked a provision in the relevant statute of limitations that allows the court to decide it is equitable to permit the suit to be brought despite the running of the limitations period. Yesterday's Aberdeen Scotland Press and Journal reported on the decision.

Iran Arrests Seven Baha'i Leaders

Canada's Metro News reports that in Iran last week, six Baha'i leaders were arrested and accused of endangering national security. A seventh had been arrested in March. A government spokesman accused them of having "connections with foreigners, especially the Zionists." Yesterday the Baha'i International Community issued a statement accusing Iran of persecuting Baha'is solely because of their faith and denying allegations that any security concerns were involved. On Wednesday, the European Union urged Iran to end its persecution of Baha'is.

Cayman Islands Constitutional Proposal Responds To Concerns of Christians

Cayman Net News today published the latest version of the proposed new Constitution being drafted for the Cayman Islands. Earlier this year, Christians in the country expressed concern over the impact of a Bill of Rights on the country's traditional Christian heritage. (See prior posting.) the latest proposals appear to respond to these concerns, saying:

• It must be clear that the Bill of Rights will not affect our Christian traditions, in particular religious instruction in schools, or prayers in schools or public places.
• It must be clear that the Bill of Rights will not apply to controversial areas such as the recognition of sex change, gay marriage, or more liberal abortion laws.
• Although freedom of religion is an essential part of the Bill of Rights, it must be clear that the Government can still ban religious practices or preaching in the interests of public safety, public order, public health or public morality.

Texas Appellate Court Says State Lacked Grounds To Take FLDS Children Into Custody

Thirty-eight mothers of FLDS children taken from the YFZ Ranch in Eldorado, Texas, have succeeded in their challenge to the taking of their children into state custody. A Texas state court of appeals today ruled that the Texas Department of Family and Protective Services "failed to meet its burden under section 262.201 of the Texas Family Code to demonstrate (1) that there was a danger to the physical health or safety of their children, (2) that there was an urgent need for protection of the children that required immediate removal of the children from their parents, or (3) that the Department made reasonable efforts to eliminate or prevent the children's removal from their parents."

In In re Sara Steed, et. al., (TX Ct. App., 3d Dist., May 22, 2008), the court said that DFPS failed to show any physical danger to boys or young girls, and as to older girls it showed only that they live among a group of people who have a pervasive system of belief that condones polygamy. It did not show that any of the specific children here were in danger from the beliefs. The court ordered the lower court to vacate its temporary orders granting sole managing conservatorship of the children to DFPS. It said it would issue a writ of mandamus if the lower court did not comply. CNN reports on the decision. (See prior related posting.)

UPDATE: The same court today issued a similar order in In re Louisa Bradshaw. et. al., a companion case posing the same issues. [Thanks to How Appealing for the lead.]

9th Circuit Oral Arguments Held In Berkeley Evolution Website Case

On May 14, the 9th Circuit Court of Appeals heard oral arguments (audio recording) in Caldwell v. Caldwell, (Case No. 06-15771). The case involves a claim by a Santa Rosa couple that a University of California, Berkeley, website titled "Understanding Evolution" was used to promote religious beliefs of groups that support evolution. (See prior posting.) Without reaching the merits, the district court court held that plaintiffs lacked standing. The Pacific Justice Institute which represents plaintiffs in the case issued a May 12 press release regarding the then-upcoming 9th Circuit arguments.

NY Federal Court Says Insufficient Facts To Apply Ministerial Exception Doctrine

In Rojas v. Roman Catholic Diocese of Rochester, 2008 U.S. Dist. LEXIS 40386 (WD NY, May 19, 2008), a New York federal district court held that at this point in the litigation it does not have enough facts to decide whether the "ministerial exception" calls for dismissal of a claim under Title VII and the New York Human Rights Law. Plaintiff Sandra Rojas-- an Hispanic Migrant Ministry coordinator-- claimed "hostile environment" employment discrimination on the basis of sex, and retaliation. The court said that at this stage it is unable to determine whether the dispute over Rojas' firing is religious in nature. Also, at this point there was no evidence that adjudication of Rojas' hostile environment claims would necessarily involve examination of religious doctrines. The court however dismissed plaintiff's retaliation claim on other grounds, with leave to replead that the retaliation involved was her dismissal.

County Employees Will Not Be Forced To Perform Same-Sex Marriage Ceremonies

While the California Supreme Court has legalized same-sex marriage (see prior posting), San Diego county will not force objecting employees to perform same-sex ceremonies. Yesterday's San Diego Union-Tribune reports that County Assessor-Recorder-Clerk Greg Smith has told the 115 employees who are deputized to conduct ceremonies to inform him if they have objections. Smith says it would not be fair to same-sex couples to have their weddings performed by someone who objects to the ceremony. County Counsel says, however, that objecting employees must have "legitimate religious or moral reasons" for refusing.

UCC Cleared By IRS In Complaint About Obama Speech At Synod

In a determination letter issued May 13 (full text) the Internal Revenue Service cleared the United Church of Christ of charges that it improperly engaged in partican political activity when Barak Obama spoke at the church's June 2007 General Synod. (See prior posting.) A UCC news release yesterday summarized the IRS findings. Obama was invited to address the Synod well before he announced his candidacy and he was invited to speak on how his personal faith impacted his public life. UCC told those attending that Obama was not there as a candidate for office. IRS also concluded that tables set up by Obama volunteers near the Synod were not authorized by UCC and were on public sidewalks outside of UCC's control.

High School Principal Resigns Over Equal Access Act Requirement

In Irmo, South Carolina, Irmo High School Principal Eddie Walker says he will resign effective at the end of the 2008-09 school year after the school district told him to allow the formation of a Gay-Straight Alliance chapter at the school. WIS-TV reports school district attorneys determined that under the federal Equal Access Act, either the club must be permitted or all non-curricular organizations would need to be banned. In a letter (full text) announcing his resignation, Walker said: "My decision to resign is a personal choice based on my professional beliefs and religious convictions. I have prayed about the decision for a period of time and I have a peace about it.... I bear no malice towards anyone involved. If the people involved at the district level had chosen not to allow the club to form I am sure the district would have been sued and ... in all likelihood ... would have lost."

Delaware High Court Refuses Review In Clergy Sex Abuse Case

The Delaware Supreme Court on Tuesday refused to accept an appeal in Whitwell v. Archmere Academy, Inc., a case in which the Superior Court upheld the statute of limitations window created by the state's 2007 Child Victim Act. (See prior posting.) The Superior Court had certified the question of law involved in its decision to the Delaware Supreme Court under Sup. Ct. Rule 41 on the basis that the issue was one of first instance in the state. The Supreme Court however declined to review at this stage the trial court's holding that no due process problem arises from changing the rules to allow a previously time-barred civil action to be filed. The case involves a suit by a victim of clergy sexual abuse against Archmere Academy and three branches of the Norbertine order. Yesterday's Wilmington (DE) News Journal reported on the case.

United Methodists Endorse Teaching of Evolution As Consistent With Theology

At its General Conference that concluded earlier this month, the United Methodist Church adopted three resolutions supporting the teaching of evolution in public schools. The National Center for Science Education reports on the United Methodists' policy statements. Petition 80839 opposes the the introduction of faith-based theories such as Creationism or Intelligent Design into the public school science curriculum. Petition 80050, as amended, declares that "science's descriptions of cosmological, geological, and biological evolution are not in conflict with theology." Finally Petition 80990 endorses The Clergy Letter Project and its programs to reconcile religion and science.

US Warns Maldives About Proposal To Limit Citizenship To Muslims

U.S. Ambassador to the Maldives, Robert Blake, said at a press conference on Tuesday that the United States government has expressed concern over wording in the current draft of the Maldives proposed new constitution. The document provides that : "A non-Muslim may not become a citizen of the Maldives." Minivan News reported yesterday that Ambassador Blake warned the provision is in conflict with the Maldives international obligations-- presumably under the International Covenant on Civil and Political Rights. The country's current Constitution (Sec. 134) limits the right to vote to Muslims, but does not explicitly limit citizenship on the basis of religion-- though legislation requires foreigners seeking to be naturalized to be Muslim. The new constitution would revoke citizenship of any current non-Muslim citizens. Information Minister Mohamed Nasheed has written on his personal blog: "... it will be very difficult for Maldives mentality to accept Maldives citizens may belong to a different faith. It will be seen as an offense to the state of Maldives and an insult to being Maldivian, thus demanding serious reprisal." (See prior related posting.)

Residents of Israeli Town Burn Bibles Distributed To Them By Missionaries

Israel Insider today reports that in the Israeli town of Ohr Yehuda, the battle between traditional Jews and Messianics attempting to convert town residents hit a new level of intensity on Monday. Jews in the town, at the urging of a soundtruck going down a city street, brought copies of the New Testament and other Christian texts that had been distributed to them, for burning. While the Shas religious party complained about the level of missionary activity, Deputy Mayor Uzi Aharon said he merely urged Ohr Yehuda residents to discard the materials distributed to them. He denied inciting book burning. He also said his statements were his personal views, not those of the municipality. An editorial in the Israeli daily paper Ma'ariv (summarized in English by the Israel Ministry of Foreign Affairs) condemned the actions of the town's residents, saying: "The burning of copies of the New Testament by a Shas member raises memories of the burning of books during the Inquisition and the Third Reich."

UPDATE: A report Thursday by the Christian Post Reporter gives more details on the incident and indicates that Deputy Mayor Uzi Aharon apologized for the burnings which he said were carried out by yeshiva students that he had initially organized to collect, largely from Ethopian Jews, packages given to them by Messianics.

Religious Discrimination Charged In Pentagon's Investigation of Spy Claims

Today's New York Sun reports on the case of Army tank engineer David Tenenbaum who says that religious discrimination was part of the reason he was targeted in an investigation that initially alleged that he was a spy for Israel. The U.S. Attorney's Office declined to prosecute Tenenbaum because the government did not have sufficient evidence to back up its charges. The Pentagon's Inspector General investigated the case and concluded that "Mr. Tenenbaum experienced religious discrimination when his Judaism was weighed as a significant factor in the decision to submit him for an increase in his security clearance." However the IG's report has not been published and the Pentagon general counsel's office has begun its own investigation that the IG says is designed to undercut the findings of employment discrimination in the IG's report. The Project on Government Oversight has more on the case.

Maryland Church Sues Over Utility Denial

Today's Gaithersburg (MD) Gazette reports that a Silver Spring (MD) congregation, Bethel World Outreach Ministries has filed a federal lawsuit against the Montgomery County Council charging racial and religious discrimination in its denial of Bethel's application to run utility service to a rural parcel of land in Germantown. Bethel had planned to build a church with a capacity of 3,000 on the land. The county says that Bethel's proposal violates its rules because pipes would run through nearby properties not eligible for water and sewer service.

New Developments In Westboro Baptist Church Litigation

Today's Topeka (KS) Capital-Journal reports on two developments relating to Topeka's anti-gay Westboro Baptist Church and its members who have gained notoriety for picketing funerals of Iraq war veterans. (Background.) On Monday the U.S. 4th Circuit Court of Appeals refused to stay collection of the $5 million Maryland federal district court damage award against church leaders growing out of their picketing of the funeral of Marine Lance Corporal Matthew A. Snyder. (See prior posting.) Meanwhile, on Tuesday the Kansas Court of Appeals heard arguments on whether the pickup truck that Westboro uses to carry its picket signs is exempt from personal property tax. At issue is whether the messages on the signs are religious or political. The Board of Tax Appeals ruled the truck was subject to taxation, finding that there was at least some political content in the signs.

MN Court Rejects Establishment Clause Challenge To Clergy Sexual Conduct Law

Today's Winona (MN) Daily News reports that a Winona County District Court has rejected a facial Establishment Clause challenge to Minnesota's clergy sexual conduct statute. In a decision last year, the Minnesota Supreme Court divided evenly on whether the statute is facially invalid under the Establishment Clause. (See prior posting.) The Winona County case against Rev. Donald Dean Budd had been delayed pending the Supreme Court's decision. Now Winona County Judge Jeff Thompson ruled: "The defendant has not demonstrated that all or most applications of the clergy sexual conduct statute would foster excessive entanglement of government and religion." At issue was a provision in MN Stat Sec. 609.344 that prohibits sexual relations "during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private."

Tennessee Legislature Authorizes Courses On Bible and Its Influence

The Tennessee legislature has passed and yesterday sent to Gov. Phil Bredesen for his signature HB 4089 that authorizes "the state board of education to develop and adopt a curriculum for a state funded elective course consisting of a nonsectarian, nonreligious academic study of the Bible and its influence on literature, art, music, culture, and politics." Attorney General Opinion 08-74 (April 1, 2008) concluded that the bill, with various protections in it, is consistent with the Establishment Clause. Attorney General Opinion 08-105 (May 7, 2008), warned that a then-pending amendment to remove certain guidelines for the course would make it more likely that a Bible course would be taught in an unconstitutional manner. The Paris (TN) Post-Intelligencer says that currently less than 20% of Tennessee's counties offer Bible courses in their schools. [Thanks to Scott Mange for the lead.]

Wiley Drake's Church Cleared of IRS Campaign Violations

California Southern Baptist pastor Wiley Drake has been cleared by the IRS of charges that his Buena Park First Southern Baptist Church violated tax code restrictions on non-profit organizations by endorsing Mike Huckabee in the Republican presidential primary this year. According to yesterday's ABP News, at issue were an e-mailed endorsement written on church letterhead and an endorsement made on an Internet radio program broadcast from church property. The IRS concluded, however, that Drake made the endorsements in his personal capacity, and not on behalf of the church. (Full text of IRS May 12 letter.) Melissa Rogers, reporting on these developments, indicates that the original complaint against Drake was filed by Americans United for Separation of Church and State. Subsequently Drake called for Imprecatory Prayer against AU leaders. (See prior related posting.)

Ugandan University Bars Muslim Women From Wearing Head Coverings In Exams

In Uganda, Makerere University has angered Muslims by banning students wearing head coverings from entering examination rooms. The ban primarily affects Muslim women. New Vision yesterday reported that university officials say they are trying to prevent cheating by preventing students from carrying jackets, scarfs, caps and sweaters into exams. Presumably the directive is intended to prevent those taking exams from hiding unauthorized material. However Muslim students say this is an attack on the Muslim faith. They protested by marching from the university mosque to the main building carrying signs such as one reading: "Accord Islam value, don’t undress our Muslim sisters."

British Registrar's Religious Discrimination Suit Heard By Tribunal

Today's London Mail reports that in Britain, a London employment tribunal yesterday heard arguments in a religious discrimination case brought by civil marriage registrar Lillian Ladele. Ladele says that the Islington council violated her rights when it insisted that in order for her to keep her position she would be required to perform civil partnership ceremonies for same-sex couples. Ladele, a Christian, claims that as a matter of religious principle she cannot perform the ceremonies. She told the hearing examiner that she was picked on and bullied on a daily basis at work.

Canada's High Court To Hear Case On Mature Minor's Relgious Rights

Canada's Supreme Court today will hear arguments in A.C. v. Director of Child and Family Services, a case raising the question of whether mature minors have the right under Canada's Charter of Rights and Freedoms to refuse a blood transfusion on religious grounds. Today's Toronto Globe and Mail reports that the question is raised by a 14-year old Winnipeg girl who was forced to have a blood transfusion to replace blood lost through Crohn's disease even though she claimed the procedure violated her Jehovah's Witness beliefs. Manitoba's Child and Family Services Act authorized doctors to ignore the minor's objections. A summary by Canada's Supreme Court frames the issues in the case:

Whether provisions of The Child and Family Services Act, C.C.S.M. c. C80 are unconstitutional on the basis that they infringe child’s rights under ss. 2(a), 7 and 15(1) of the Charter - If so, whether infringement is justified as a reasonable limit - Should capacity or an arbitrary legislated age determine a capable patient’s Charter right to make medical treatment decisions - Does s. 1 of the Charter require the state to lead compelling evidence justifying arbitrary age legislation that overrides a capable patient’s medical treatment decisions.

UPDATE: The Canadian Press reports on Tuesday's oral arguments in which the parties sparred over the constitutionality of Manitoba's law.

New York Court Refuses Comity to Israeli Divorce Based On US Religious Decree

In Tsirlin v. Tsirlin, (NY Sup. Ct. Kings Co., May 14, 2008), a New York state trial court refused to recognize the validity of a divorce decree issued under unusual circumstances by an Israeli Rabbinical Court. The couple involved are Israeli citizens now living in New York. The Israeli decree was based on a religious divorce ("Get") issued by a rabbinical tribunal in Brooklyn. The Israeli court issued its decree after the husband's father presented the Brooklyn "Get" to the court. Neither party appeared before the Israeli tribunal. Subsequently, husband Alexander Tsirlin filed for divorce in New York, but wife Alla Tsirlin moved to dismiss on the ground that they were already divorced. The court rejected her motion, holding:

If this court were to sanction the utilization of a "Get" to circumvent the constitutional requirement that only the Supreme Court can grant a civil divorce, then a party who obtains a "Get" in New York could register it in a foreign jurisdiction and potentially, later on, rely on the"Get" to obtain a civil divorce in New York thereby rendering New York Stae's [sic.] Constitutional scheme as to a civil divorce ineffectual (New York State Constitution, Article 1 Section 9 . . . nor shall any divorce be granted otherwise by judicial proceedings). It would have the practical affect [sic.] of amending the Domestic Relations Law section 170 to provide a new grounds for divorce.

Today's New York Law Journal reports on the decision.

Hearings Begin In FLDS Custody Cases; Vague Service Plans Protested

The AP and the Salt Lake Tribune report on hearings that began yesterday in the custody proceedings for over 460 children taken from the FLDS ranch in Eldorado, Texas. Five judges are conducting the hearings which, it is expected, will run for three weeks. Nearly identical "service plans" were proposed in each case as a condition to return of children to their parents. More individualized tailoring of the plans is expected in the future. However attorneys for the parents say the service plans are vague and it is unclear exactly what parents need to do. The plans generally require parents to get counseling and vocational training, obtain psychological evaluations and attend parenting classes. Authorities hope to reunify families by next April. In the meantime, parental visits are difficult or impossible as the children have been scattered around the state, up to 650 miles apart. It is unclear under the plans whether the children will be allowed to return to the Yearning for Zion Ranch. The plans merely call for a "safe" environment for the children. It is also unclear whether parents will be able to continue home schooling their children.

UPDATE: Child welfare officials are banning any mention of FLDS leader Warren Jeffs to the children in state custody. Tuesday's Houston Chronicle reports that family members visiting children in foster care may not mention Jeffs, and children may not have copies of the Book of Mormon if they have Jeffs picture or signature in them.

Danish Government Will Ban Judges From Wearing Religious Garb or Symbols

Denmark's government, reacting to pressure from the anti-Muslim Danish People's Party, says it will ban Danish judges from wearing headscarves and other religious or political symbols in their courtrooms. The ban will also extend to crucifixes worn by Christians, skull caps worn by Jewish judges and turbans worn by Sikhs. However the ban is seen as mainly directed toward Muslims, and, according to BBC News, Danish diplomats in Muslim countries expect the decision to lead to a new wave of protests. Danish Justice Minister Lene Espersen, however, says the ban is intended to assure that judges appear neutral and impartial. (See prior related posting.)

Survey Finds 16% of High School Biology Teachers Believe In Creationism

New Scientist yesterday reported that a Pennsylvania State University professor's survey of high school biology teachers reveals that 16% of them hold young earth creationist views. Prof. Michael Berkman's research found that approximately one in eight of the 939 teachers responding to the survey say they believe human beings were created by God within the last 10,000 years. Some 25% of the biology teachers responding say they devote some class time to creationism or intelligent design. Almost half of that group teach one of these as a valid scientific alternative to evolution.

Cultural Identity Charter School Ordered To Make Two Changes In Operations

After a Minneapolis newspaper columnist charged that the Terek ibn Ziyad Academy, a cultural identity publicly-funded charter school, had breached the line between church and state (see prior posting), the Minnesota Department of Education this month conducted a review of the Inver Grove (MN) school's operations. As reported by yesterday's Minneapolis Star Tribune, and by a Department of Education press release, the school was ordered to make changes in two areas of operation.

The Department found that the school's 30-minute Friday prayer service held on school premises cut excessively into required instructional time. Permitting teachers to pray along with students at the service was also improper governmental endorsement of religion. Finally the Department said that busing schedules need to be changed. The 30% of the students who do not participate in after-school activities must be offered transportation immediately after classes end. The most popular after-school session is a religious studies course run by the Muslim American Society. The school's executive director told the Star Tribune that most significant was the fact that the state found no problems with the school's curriculum.

US Serviceman In Iraq Infuriates Muslims By Using Quran For Target Practice

CNN reports today on the furor that has been created by a U.S. staff sergeant in Iraq who earlier this month used a Quran for target practice at an Iraqi police station. Last Saturday, the U.S. commander of forces in Baghdad, Maj. Gen. Jeffery Hammond, appeared at a formal apology ceremony. Not only did he speak, but part of a letter of apology from the staff sergeant was read and another military official kissed a Quran and presented to tribal leaders at the ceremony. The offending serviceman, a leader of a sniper unit, has been relieved of duty in Iraq, reprimanded and redeployed back to the United States. However the Iraqi Islamic Party says this is not enough. Sheikh Hamadi al-Qirtani called the shooting "aggression against the entire Islamic world."

UPDATE: CNN reported on Tuesday that Iraqi Prime Minister Nuri al-Maliki's office has said that President Bush has apologized for the soldier's actions. However White House National Security Council spokesman Gordon Johndroe said that Bush, during his regularly scheduled teleconference with al-Maliki, expressed "deep concern" but stopped short of apologizing.

Proposed Religion Classes Stir Controversy In Bosnia-Herzegovina

In Bosnia and Herzegovina, proposals to introduce optional instruction in religion into kindergarten classes in Sarajevo have created controversy. Today's Southeast European Times reports that Bosnian Muslim parents generally favor the plan, while non-religious parents opposed to the plan have begun to circulate a petition captioned "Stop Religious Segregation in Kindergarten." The OSCE says that any plan needs to create a sense of inclusiveness in the multi-ethnic country.

Franklin Graham Criticizes "Missionary-Invasion" Plans For Olympics

Evangelist Franklin Graham is concerned about the planned influx of Christian missionaries into China for the Beijing Olympics. Today's Charlotte (NC) News reports that Graham fears the illegal missionary-invasion strategy that some U.S. and foreign groups are planning could jeopardize the freedoms that have been won recently by Chinese Christians. Graham has posted the full text of China's Regulations on Religious Affairs on the Billy Graham Evangelistic Association website, and urges groups planning to go to China to familiarize themselves with the law. Some of the groups planning to send unauthorized missionaries to China have harshly criticized Graham's position.

Bush Tells Mid East Leaders That Democracy Does Not Threaten Islam

President Bush yesterday spoke at the World Economic Forum, meeting in Sharm el Sheikh, Egypt. The New York Times characterized his speech to diplomats, policy makers and business executives as one that criticized Middle East leaders. It pressed them toward economic expansion, equal rights for women and democracy. In his remarks (full text) President Bush focused in part on the relationship of democracy to religious freedom:

There are people who claim that democracy is incompatible with Islam. But the truth is that democracies, by definition, make a place for people of religious belief. America is ... one of the world's leading democracies, and we're also one of the most religious nations in the world. More than three-quarters of our citizens believe in a higher power. Millions worship every week and pray every day. And they do so without fear of reprisal from the state. In our democracy, we would never punish a person for owning a Koran. We would never issue a death sentence to someone for converting to Islam. Democracy does not threaten Islam or any religion. Democracy is the only system of government that guarantees their protection.

Recent Scholarly Articles and New Book of Interest

From SSRN:

• Teresa Stanton Collett, Advancing the Culture of Life Through Faithful Citizenship, (Journal of Religion and Society, 2008).
• Akiva Shapiro, Should the Lower Courts Save Taxpayer Standing? Interpreting Hein v. Freedom from Religion Foundation Narrowly Through the Lens of Judicial Spending,(Journal of Appellate Practice and Process, Vol. 10, No. 2, 2009).
• Scott A. Taylor, Spirituality and Academic Performance at a Catholic Law School: An Empirical Study, (California Western Law Review, Vol. 45, 2008).

Recent Law Review Articles:

• Erwin Chemerinsky, Why Church and State Should Be Separate, 49 William & Mary Law Review 2193 (2008).
• Gerard V. Bradley, Religion at a Public University, 49 William & Mary Law Review 2218 (2008).

New Book:

Jeff Sharlet, The Family: The Secret Fundamentalism at the Heart of American Power, (HarperCollins, May 2008).

Fired Engineer Sues-- Claims Religious Discrimination Over Christian Beliefs

Saturday's Cedar Rapids (IA) Gazette reports on an interesting employment discrimination lawsuit filed by Thomas Meeker, a former senior systems engineer claims Rockwell Collins. Meeker, a Christian who believes that homosexuality is a sin, refused to complete Rockwell Collins' diversity training program. Meeker says that the training required employees to accept and embrace homosexuality. In July 2007, Meeker was fired for refusing to treat gay and lesbian co-workers with respect. Meeker's federal court lawsuit alleges religious discrimination, claiming that he was fired because he is a Christian.

Bahrain Prohibits Political Activities At Mosques

According to today's Kahleej Times, Bahrain's Ministry of Justice and Islamic Affairs has issued a ban on political discussions and political activities at mosques in order to protect their sanctity. The ministry has also increased its inspection visits to all mosques in order to prevent their politicization and promotion of disunity among Muslims. (See prior related posting.)

FLDS Parents Served By Formal Publication Notice

The state of Texas this week formally published legal notices serving process on both identified and unknown FLDS parents of children held in custody by the Department of Family and Protective Services. The "Citations By Publication/Posting" (full text) were published in this week's Eldorado Success. Today's Deseret News reports on this, as well as on an open letter (full text) to Texas Governor Rick Perry and Judge Barbara Walther from an 80-year-old FLDS Church member who strongly criticizes the actions taken by the state of Texas.

Dutch Cartoonist Arrested For Publishing Cartoons Insulting To Mulsims

Radio Netherlands reports that last Tuesday a Dutch cartoonist, drawing under the name Gregorius Nekschot was arrested for publishing cartoons that were "insulting to Muslims and to people of colour". Many were published online. The Public Prosecutors Office says that a complaint was filed against Nekschot in 2005, but because the cartoonist used a pseudonym it has taken this long to locate who he really is. Nekschot is know for cartoons that are insulting to left-wing politicians as well as for those that insult religion. This YouTube clip shows a number of the offending drawings. NIS News reported yesterday that many in the Lower House of Netherlands Parliament have sharply criticized Nekschot's arrest.

Court Rejects Challenge To Hawaii's Limits On Who Can Perform Marriages

In Woods-Bateman v. State of Hawaii, 2008 U.S. Dist. LEXIS 39661 (D HI, May 13, 2008), an Hawaii federal district court rejected a constitutional challenge to HRS § 572-12. The statute limits those who can be licensed to solemnize marriages to either clergy or judges. In filling out an application to be licensed to perform marriages, plaintiff left blank the questions relating to whether he came within one of these categories. After he was denied a license, he sued claiming that his rights under the First, Fifth and Fourteenth Amendments had been violated. The court held that Hawaii's requirements did not violate the Establishment Clause:

The requirement has the secular purpose of maintaining the integrity of marriage records.... Judicial officers and religious leaders are individuals that the State has recognized in the past and can reasonably expect will ensure, in the future, the recording of essential information.

The court also rejected plaintiff's free speech and equal protection challenges, holding that there is no fundamental right to be entitled to solemnize marriages.

Suit Threatened Over Wisconsin Village Land Sale To Preserve Cross

Last month, the Village Board of Holmen, Wisconsin reacted to a complaint about a display of a cross and a star on property it now owns by agreeing to sell the land and display to the Lions Club for $600. The Lions Club, which pledged to keep the display intact, was involved in its construction in 1960 on the land that was then privately owned. Five years ago the city bought land that includes the display for a reservoir. (See prior posting.) It turns out, however, that when the Village Board agreed to the sale to the Lions, it ignored higher bids from two other groups. The American Humanist Association (AHA press release) had bid $1000 for it and the Freedom from Religion Foundation had bid $1200. Yesterday's Holmen Courier reports that the AHA is now considering suing the village, saying that the Village Board ignored the competing bids only because it favored the cross remaining on the land. The Lions Club will fence off the display, install signs saying it is their property and will have an electric meter installed so it will pay for lighting. It will also restrict access to protect the nearby village water reservoir.

California Church Wins RLUIPA Claim Over Use Permit Process

In Grace Church of North County v. City of San Diego, (SD CA, May 9, 2008), a California federal district court concluded that the city of San Diego violated the Religious Land Use and Institutionalized Persons Act when it granted Grace Church only a five year conditional use permit to occupy property it leased in the Rancho Bernardo Industrial Park. The court concluded that:

the mandatory CUP process established by Defendants and applied to Grace Church – with the result that Plaintiff received a CUP of only half the length Plaintiff requested, and has no reasonable expectation that Defendants will approve any extension – constituted a substantial burden on Grace Church’s exercise of religion. At various levels of Defendants’ mandatory CUP process, Grace Church experienced outright hostility to its application, decision-making that is seemingly arbitrary or pretextual, and ignorance regarding the requirements of controlling federal law regarding the application of land use laws to religious institutions.

... The facts of this case belie Defendants’ claim that they have a "compelling interest" in preserving industrial lands in the industrial park where Grace Church has secured its property.

Alliance Defense Fund last week issued a release on the decision and World Net Daily reported on the decision on Friday. (See prior related posting.)

Reactions To California Marriage Decision From Chief Justice and Religious Groups

Today's Los Angeles Times reports on its unusually candid interview with California Supreme Court Chief Justice Ronald M. George about the Court's ruling last week legalizing same-sex marriage. George told the paper: "there are times when doing the right thing means not playing it safe." Meanwhile today's San Jose Mercury News reports on the divided views about the decision among religious leaders of different faiths and denominations. Before the decision came down, a group known as ProtectMarriage.com already filed with the California Secretary of State petitions containing 1.1 million signatures to get a marriage amendment to the state constitution on the November ballot. The proposed amendment provides that only marriage between a man and a woman is valid or recognized in California. The Secretary of State is expected to announce in mid-June whether there are enough valid signatures for the measure to actually be placed on the ballot. Liberty Counsel announced Friday that it would file a motion with the California Supreme Court asking it to stay the effectiveness of its ruling until after the November vote on the marriage amendment.

Uganda's Parliament Passes Education Bill Calling For Elective Courses In Religion

Catholic Information Service for Africa yesterday reported that Uganda's Parliament has passed an Education Bill that makes religious studies an elective in elementary and secondary schools in the country. The bill rejects the government's proposal to take religious education out of the school curriculum. However it also rejects a proposal by the Uganda Joint Christian Council and the Uganda Muslim Education Association to make religious studies compulsory for all students.

Cert. Petition Filed In Oregon Religious Circumcision Case

Friday's Oregonian reports that last month a petition for certioarari was filed with the U.S. Supreme Court in the case of Boldt v. Boldt, (Docket No. 07-1348). In the case, a now-divorced mother who is a member of the Russian Orthodox Church is seeking to prevent her former husband-- a convert to Judaism-- from having their 12-year old son circumcised. The issue was raised in the context of a petition for change of custody. The Oregon Supreme Court below remanded the case, ordering the trial court to determine whether the child wants the circumcision, or objects to it-- an issue over which the parents disagree. (See prior posting.)

10th Circuit Hears Oral Arguments In College Aid Case

On Wednesday the U.S. 10th Circuit Court of Appeals heard oral arguments in Colorado Christian University v. Baker, a case challenging Colorado's exclusion of "pervasively sectarian institutions" from its tuition assistance programs for low-income students attending colleges and universities in the state. The district court upheld the exclusion. (See prior posting.) Wednesday's Denver Post reports that judges questioned counsel on the state's purpose in enacting the exclusion and asked whether the exclusion might pressure religious institutions to change their policies in order to participate in the programs. [Thanks to Blog from the Capital for the lead.]

Czech President Vetoes Anti-Discrimination Law

CeskeNoviny reports today that Czech Republic President Vaclav Klaus has vetoed a broad anti-discrimination law designed to assure equal access to education, work, health care and social advantages. The law would ban discrimination on the basis of religion, as well as on the basis of numerous other grounds (age, race, nationality, sexual orientation, health handicap, sex, and world outlook). Even though such legislation is mandated by the European Union, Klaus in vetoing it said that it merely sums up protections already in place. He said that the form of anti-discrimination measures is up to individual EU members. Klaus called the legislation "ideological, not legal". The bill now goes back to the Chamber of Deputies.

Arizona Appellate Court Strikes Down School Voucher Programs

In Cain v. Horne, (AZ Ct. App., May 15, 2008), an Arizona appellate court found that two school voucher programs that were enacted by the state legislature in 2006 violates the Arizona Constitution. At issue are voucher programs for students with disabilities and for students in foster homes. The court held that the neutral programs do not violate Art. 2, Sec. 12, the Religion Clause of Arizona's constitution which bans appropriations to support religious instruction. However, the court held that the voucher programs do violate the Aid Clause of Arizona's Constitution, Art. 9, Sec. 10 that bars appropriations to aid private or sectarian schools. The court rejected the argument that the "true beneficiaries" of the voucher payments are the students rather than the private and parochial schools that receive the voucher checks made out to pupils' parents or guardians. Today's Arizona Daily Star reports on the decision.

Coast Guard Agrees To Vaccine Exemption, Ending Lawsuit

Cath News reports today that the U.S. Coast Guard has now agreed to grant an exemption from its Hepatitis A vaccination requirement to Lt. Cmdr. Joseph J. Healy who has refused the vaccine on religious grounds. The version of the vaccine available in the U.S. was developed from cells originally taken from an aborted fetus. Last December Healy filed suit against the Coast Guard after an officer denied his immunization request on the ground that Catholic Church doctrines do not ban adherents from receiving the vaccine. (See prior posting.) Now that the Coast Guard has informed the court that the exemption will be granted, Healy's attorneys say they will drop their DC federal court lawsuit.

Kosher Meat Shortage Possible After Immigration Raids On Largest Producer

The Forward reported yesterday on a potential shortage of kosher meat in the United States after Immigration and Customs Enforcement agents on Monday conducted its largest workplace raid this year. Some 390 workers at the Postville, Iowa meat processing plant operated by AgriProcessors were arrested. Most were charged with criminal identity theft or fraud in hearings ending yesterday. (Radio Iowa.) AgriProcessors produces over half of the kosher beef sold in the U.S., and most of the production is from its Iowa plant. The interruption in meat production could have a particular impact in smaller communities where the only kosher meat sold by supermarkets is supplied by AgriProcessors, often under the Aaron's Best, Rubashkin and Supreme Kosher brand names. AgriProcessors has also been the subject of high profile labor and animal rights disputes in recent years. The disputes have led the Conservative movement of Judaism to create the Hechsher Tzedek Commission that is attempting to focus more on working conditions, wages, environmental impact and other ethical issues in the production of kosher meat. Meanwhile, an article from Wednesday's Jewish Week suggests that federal indictments against the owners of AgriProcesors could be in the offing.

California Supreme Court Rejects Gay Marriage Ban, But No Impact On Religious Doctrines

The California Supreme court today in a 4-3 decision ruled that under the California Constitution, same-sex couples have the same right to marry as do opposite-sex couples. In In re Marriage Cases, (CA Sup. Ct., May 15, 2008), the majority emphasized, however that "affording same-sex couples the opportunity to obtain the designation of marriage will not impinge upon the religious freedom of any religious organization, official, or any other person; no religion will be required to change its religious policies or practices with regard to same-sex couples, and no religious officiant will be required to solemnize a marriage in contravention of his or her religious beliefs. (Cal. Const., art. I, § 4.)"

In reaching its decision on gay marriage, the court held that "sexual orientation [is] a characteristic that we conclude represents — like gender, race, and religion —a constitutionally suspect basis upon which to impose differential treatment...." In response to the argument that sexual orientation should not trigger strict scrutiny because it is not an "immutable" characteristic, the majority said that: "California cases establish that a person’s religion is a suspect classification for equal protection purposes ... and one’s religion, of course, is not immutable but is a matter over which an individual has control." Today's Los Angeles Times reports on the decision.

Here are links to the briefs and recordings of the oral arguments in the case.

University Fires Human Resources VP For Anti-Gay Statements

Last month, Crystal Dixon, who was Associate Vice President for Human Resources at the University of Toledo, wrote an op-ed in the Toledo (OH) Free Press which read in part: "I take great umbrage at the notion that those choosing the homosexual lifestyle are 'civil rights victims.' Here's why. I cannot wake up tomorrow and not be a Black woman. I am genetically and biologically a Black woman and very pleased to be so as my Creator intended. Daily, thousands of homosexuals make a life decision to leave the gay lifestyle...." University of Toledo President, Dr. Lloyd Jacobs, quickly responded in another column, saying: "Although I recognize it is common knowledge that Crystal Dixon is associate vice president for Human Resources at the University of Toledo, her comments do not accord with the values of the University of Toledo. It is necessary, therefore, for me to repudiate much of her writing and to make this attempt to clarify our values system."

The University also fired Dixon after she refused the alternative of a demotion and pay cut. (Toledo Free Press.) Today's Toledo Blade reports that Dixon now says that her First Amendment free speech and free exercise of religion rights were infringed by the University's actions. She says she had a divine mandate to write the column and that she was speaking as a private citizen. However a University spokesman said that Dixon's public expressions called into question her ability to perform in her human resources position.

Muslim Serviceman May Sue Army Over Its Autopsy of Infant

The AP reported yesterday that a Muslim soldier and his wife, stationed at Fort Bragg, North Carolina, may join a pending lawsuit challenging the military's respect for religious diversity. Pfc. Eli Agee and his wife, Mackenzie, are upset that authorities insisted on performing an autopsy on their infant son who died May 3, likely from sudden infant death syndrome. Muslim beliefs prohibit autopsies. The Army expedited the autopsy so the child could be buried within 24 hours as required by Muslim law. However the parents later learned that some of the child's vital organs had been removed and would be sent later for burial. Mikey Weinstein, president of the Military Religious Freedom Foundation, said there has been a consistent pattern of anti-Islamic prejudice in the Army.

New Developments In FLDS Child Custody Cases

Legal developments continue in Texas in the FLDS child custody cases. (See prior posting.) Three FLDS fathers who are in monogamous marriages to women who are of legal age filed habeas corpus petitions in a court in San Antonio seeking return of their children. Today's Salt Lake Tribune reports that James Dockstader, Rulon Keate and LeLand Keate argue that their wives have the same rights to procreate and raise a family as does any other citizen, and the fact that one of their neighbors became pregnant as a minor does not justify removing their children.

Meanwhile, according to today's Dallas Morning News, Texas Child Protective Services has drafted guidelines for "service plans" that parents will need to develop in order to regain custody of their children. CPS has set out 10 goals and 14 tasks that should be included. The guidelines question any form of communal living, require residential buildings to be open for unannounced visits by CPS workers, and mandate that the names of everyone in the home must be given to CPS. The guidelines also call for job training, schooling for children and knowing how to access community resources.

Split 9th Circuit Rejects En Banc Review In Sunrise Rock Cross Case

Yesterday, a 3-judge panel of the U.S. 9th Circuit Court of Appeals issued an amended opinion in Buono v. Kempthorne, (9th Cir., May 14, 2008), eliminating one footnote, but otherwise reaffirming its holding finding Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the VFW. (See prior posting.) The deleted footnote had indicated disagreement with a 7th Circuit case on land transfers undertaken to end Establishment Clause problems.

After the panel refused to grant a rehearing, the full court also refused to grant an en banc rehearing. However, in a long opinion, five judges dissented from the denial en banc review. The dissent argues that there is no evidence that the government will maintain or support the Sunrise Rock Cross after its transfer, and says that the VFW should not be required to sacrifice its private rights in the Sunrise Rock land in order to cure an Establishment Clause violation by the government. [Thanks to How Appealing for the lead.][Corrected].

New York Town Transfers Enforcement of Building Codes Against Amish to State

In the face of possible lawsuits by the Amish community over building code enforcement against them, the town board of Conewango, New York yesterday voted to opt out of code enforcement and turn enforcement over to state authorities. Thus any lawsuits will be filed against the state and not against the town. Yesterday's Jamestown (NY) Post-Journal reports that the Amish have concerns about both some of the substantive code requirements and about the mandate to furnish workers compensation insurance to those hired to help with the construction.

Court Concludes Paratrooper Is Entitled To Conscientious Objector Status

In Barnes v. Green, (D AK, May 13, 2008), an Alaska federal magistrate judge concluded that an Army paratrooper's request for conscientious objector status be granted. The court rejected the Army's contention that Michael Barnes was not sincere in his claim that he was a conscientious objector, saying:

Much is made of the fact that Barnes did not attend church services in Iraq. While [this] ... might hold sway if there were other facts showing a sudden and convenient getting of religion, surely the Army agrees that it is not its province to suggest there is a proper way to be a Christian, or for that matter, to lay claim to or practice any other form of religion....

The fact that Barnes’ thought processes may not have been "mature" is of no moment. One need not be a St. Augustine or a St. Thomas Aquinas to qualify as CO, indeed conscientious objection has no necessary relation to intellectual sophistication....

The evidence is overwhelming that Barnes – a motivated infantryman –is a person who takes his religious beliefs seriously, and there is strong evidence that his decision was motivated by those beliefs.... True, the timing of Barnes’ decision is suspect. But that alone cannot be the basis for denying his application....

Instead of remanding the case to the Army's Conscientious Objector Review Board, the court concluded that Barnes' petition for habeas corpus and mandamus should be granted and the Army should be ordered to grant Barnes an honorable discharge. The Army has until tomorrow to appeal the magistrate's findings. Yesterday's London Guardian reports on the decision.

UPDATE: the May 24 Anchorage Daily News reports that the Army has appealed the magistrate's decision to federal district Judge John Sedwick.

Massachusetts Agrees That Non-Jewish Prisoner Gets Kosher Diet

Yesterday, the U.S. 1st Circuit court of Appeals dismissed as moot the case of Guzzi v. Thompson, (1st Cir., May 14, 2008). A release by the Becket Fund explains that the dismissal comes after Massachusetts prison authorities agreed to allow a prisoner who requested kosher food for religious reasons to have access to it even though the prisoner is not Jewish. The Becket Fund had argued to the 1st Circuit that "governments should not be deciding whether a religious belief is orthodox."