Cert Granted In Case Charging Religious Discrimination In Arrest Conditions

Yesterday the U.S. Supreme Court granted certiorari in Ashcroft v. Iqbal, (Docket No. 07-1015) (Order List). The case involves claims by a Pakistani arrested in New York after the 9-11 attacks, who alleged that harsh conditions of confinement were imposed based on religious and ethnic criteria used to identify "high interest" suspects. The issue before the Supreme Court will be the extent of involvement by high ranking officials such as the Attorney General and the Director of the FBI that is necessary before such supervisors can be held personally liable for unconstitutional acts committed by their subordinates. The New York Times and AP report on the case. The opinion below is Iqbal v. Hasty, (2d Cir., June 14, 2007). Here is the Petition for Certiorari and Petitioner's Reply Brief.

Turkey's AKP Files Defense In Constitutional Court

Yesterday Turkey's ruling Justice and Development Party (AKP) submitted a 98-page defense response (full text) to Turkey's Constitutional Court in the prosecution charging it with undermining the secular principles enshrined in Turkey's Constitution. (See prior posting.) According to Today's Zaman , the defense statement argues that the prosecutor misunderstands the concepts of democracy and secularism. According to AKP, the indictment treats secularism as a philosophy of life, while it should be defined as "a political principle which accepts different religions and faiths as a sociological reality and aims at maintaining peaceful co-existence between them."

Kmiec Discusses Abortion Views of Obama and McCain

Catholic Online today publishes a fascinating interview with law professor Doug Kmiec who recently attended, along with some 30 religious leaders, a meeting with Barack Obama. (See prior posting.) Kmiec focuses on the two candidates' views on abortion. He says:

Senator Obama's position accepts the existing legal regime which leaves the abortion decision with the mother -- which is all right so long as the mother is persuaded to choose life. Senator McCain's position would leave the decision with the individual states -- which is all right so long as the individual states prohibit abortion. Since we are assured of neither, neither position is fully pro-life.

In truth, both positions are pro-choice, with the former focused on the individual and the latter focused on the state.... From a standpoint of subsidiarity and prudence, one can make an argument that the Obama position is preferable since it does not arrogate to a higher level that which can be done more effectively below in direct relationship with the mother.... I respectfully disagree with both Senator Obama and Senator McCain since the Constitution was intended as a means to enforce and guarantee the unalienable right to life....

Cert. Filed In Case On Parental Objection To School Talking About Gay Couples

A petition for certiorari in Parker v. Hurley was filed earlier this month according to the New England Blade. In the case, the 1st Circuit Court of Appeals rejected objections by parents that they were not given an opportunity to exempt their elementary school children from exposure to books depicting same-gender couples. (See prior posting.) The families say that their right to direct the religious upbringing of their children was infringed.

Iraqi Translator Told he Cannot Keep Two Wives In Denmark

Russia Today reported on Monday that an Iraqi translator who had been offered asylum in Denmark is now being told that he cannot say in Denmark unless he divorces one of his two wives. He married his both wives under Islamic law in Iraq and brought them with him to Denmark. The interpreter will face danger for his help to coalition troops if he returns to Iraq. His immigration lawyer says it may turn out that it is his second wife who will have to leave the country.

USCIRF Continues To Challenge Saudi Texts Used At Islamic Academy In Virginia

Last week (June 11) the U.S. Commission on International Religious Freedom (USCIRF) issued a long press release indicating that Arabic-language textbooks used at a Saudi government school in Northern Virginia, the Islamic Saudi Academy (ISA), still contain a number of passages that incite religious intolerance and violence. USCIRF says that "the most problematic texts involve passages that are not directly from the Koran but rather contain the Saudi government’s particular interpretation of Koranic and other Islamic texts." USCIRF also urged the U.S. State Department to publicly release copies it has received of all the textbooks used at the school. ISA is one of 19 international schools run by the Saudi government. (See prior related posting.)

In a June 13 response to USCIRF published on its website, ISA says: "The Academy has repeatedly extended invitations to the USCIRF to visit its campus, review materials and meet with teachers and administrators, in order to establish a constructive dialogue. But the USCIRF has refused to accept these invitations, which speaks volumes about the seriousness of the commission’s intentions."

Q&A Discusses Church Property Dispute Cases

Last week, the Pew Forum published an informative Q&A with George Washington University Prof. Robert Tuttle on church property disputes. In it Tuttle discusses the two legal approaches-- deference to church hierarchy and neutral principles-- that courts may constitutionally apply. He estimates that around 100 lawsuits involving break-away churches are pending around the country.

Saudi Religious Police Challenged In Lawsuits By Human Rights Lawyer

In Saudi Arabia, human rights lawyer Abdel Rahman Al-Lahem says that he has filed an appeal to challenge the acquittal of two members of Saudi Arabia's Commission for the Promotion of Virtue and Prevention of Vice. Yesterday Reuters and AFP reported that Lahem said he filed the appeal on June 4 after the verdict in the case of the death of Suleiman al-Huraisi was confirmed. Al-Huraisi died after being beaten by members of the religious police who raided his home seeking to prove that he was distributing alcohol. The appeal is based on the United Nations Convention Against Torture, signed by Saudi Arabia in 1997, as well as on the judges' definition of murder that came from their reading of Islamic law. (See prior related posting.)

Al-Lahem has also filed a defamation suit against two newspapers on behalf of al-Huraisi's family after the papers last month reported that religious police had arrested al-Huraisi's brother and others for selling alcohol. Today's Arab News reports on the lawsuit. It claims the news articles violate the Saudi Publication and Printing Law in identifying the brother.

Meanwhile Abdul Rahman Al-Lahem is also representing Umm Faisal who is suing for damages in the Court of Grievances because of her treatment by Saudi Arabia's religious police. Arab News reported yesterday that two members of the religious police detained Faisal and her two daughters in Riyadh in 2004 because the girls, in their automobile, were not covering their faces with the niqab. The police allegedly threw the driver out of the vehicle, drove off with the women, and had an accident, after which they left the women beside the road.

Recent Scholarly Articles and Book of Interest

From SSRN:

• Adrien K. Wing & Ozan O. Varol, Is Secularism Possible in a Majority-Muslim Country?: The Turkish Example, (U Iowa Legal Studies Research Paper No. 08-17, 2008).
• Nina J. Crimm, The Moral Hazard of Anti-Terrorism Financing Measures: A Potential to Compromise Civil Societies and National Interests, (Wake Forest Law Review, Vol. 43 (Symposium Issue), 2008).

From SmartCILP:

• Nancy K. Kubasek, Daniel C. Tagliarina & Corrine Staggs, The Questionable Constitutionality of Conscientious Objection Clauses for Pharmacists, 16 Brooklyn Journal of Law & Policy 225-264 (2007).
• Pope John Paul II and the Law, Part II. Articles by Edward N. Peters, Gerard Bradley, Richard S. Myers, James Parry Eyster and Howard Bromberg. 6 Ave Maria Law Review 1-154 (2007).

New Book:

• Barbara Dianne Savage, Your Spirits Walk Beside Us: The Politics of Black Religion, (Belknap Press, forthcoming Nov. 2008).

Fall-Out From Obama's Church Resignation Continues

Today's Washington Post carries an interesting front page story on the aftermath of Barack Obama's resignation from Chicago's Trinity United Church of Christ. The church's new pastor, Otis Moss III, released a statement earlier this month reflecting the church's view of events: "We are a wounded people and our wounds, the bruises from our encounter with history, have scarred our very souls." Rev. Barbara Reynolds, a lecturer at Howard University's School of Divinity, gave her interpretation of events: "If a politician wants to move up in government, he can come to church and jump and shout. But it is not okay to go to a church where they are speaking truth to power and talking about racism, sexism and capitalism."

Church members feel the church has been unfairly portrayed on the basis of a few negative events, while its broader devotion to battle racism and its creation of a community center with child care, couples counseling and service trips to Africa have been ignored. Meanwhile, some confusion exists over who is senior pastor at the church. Jeremiah Wright, who had supposedly retired, is still listed as senior pastor on last week's service program, but his successor Otis Moss III delivered the sermon.

Artist Changes Name to "In God We Trust"

According to the Chicago Sun-Times, a Lake County, Illinois judge on Friday approved Steve Kreuscher's petition to change his name to "In God We Trust". The former Mr. Kreuscher says he was looking for a sign from God that the name change was a good idea. He found it when his tax rebate for $600 matched the expenses of getting his name change. We Trust, an artist, has begun signing his paintings with his new name. He said: "There are billions of artists out there. If you don't do something to stand out in the crowd the world won't recognize you." (See prior related posting.)

New Blog On Religious Liberty Launched

Welcome to the blogosphere to a new blog of interest-- ReligiousLiberty.TV. Its editor, Michael D. Peabody, describes it as an "independent online resource for news, information, commentary, and insights on contemporary issues involving the free exercise and establishment clauses of the United States Constitution." A link to it also appears in Religion Clause's sidebar under Blogs.

DC Circuit Says Chabad Can Proceed Against Russia On Claims To Two Book Collections

The D.C. Circuit Court of Appeals on Friday held that the parent organization for the Orthodox Jewish Chabad movement can pursue its claims against the Russian government to recover two historic collections of Jewish religious books and manuscripts. One collection, known as the "Library", was seized by Russia's Bolshevik government in 1917. The other, known as the "Archive" was taken by Soviet military forces in 1945. In Agudas Chasidei Chabad of United States v. Russian Federation, (DC Cir., June 13, 2008), the court held that Chabad satisfied the jurisdictional requirements of the Foreign Sovereign Immunities Act both as to the Library and the Archive, reversing the district court's holding (see prior posting) that it lacked jurisdiction over the Library claim. The district court had found no violation of international law because the Library was taken from a Soviet citizen-- the Fifth or Sixth Rebbe. However the Court of Appeals found there is a substantial claim that the Library was property of the worldwide Chabad organization, and alternatively that the Library was retaken in government actions in 1991-92 after a legal recovery of the Library by Chabad.

The appellate court also agreed with the district court's rejection of a forum non conveniens motion. Finally the court dealt with Russia's Act of State defense. It agreed with the district court that the defense was not available as to the Archive, and vacated the lower court's holding that the Act of State doctrine was an alternative ground for dismissing the claim as to the Library. The court found that while the events of 1917-25 create substantial questions about the applicability of the Act of State doctrine, Soviet actions in 1991-92 that arguably amounted to a retaking of the Library would not be subject to that defense. Judge Henderson concurred in the judgment, but disagreed with the majority's analysis of what must be shown to prove jurisdiction under the FSIA. The decision is discussed by Jurist and in a press release by Bingham McCutchen, attorneys for plaintiffs

Preacher Sentenced For Demonstrating In Restricted Area

Michael A. Marcavage, director of Repent America, was fined $420 and placed on one year's probation after a 2-day bench trial by a magistrate in a Pennsylvania federal court. Today's Wilkes Barre Times Leader and yesterday's Philadelphia Daily News report that Marcavage was charged with violating a verbal permit and interfering with park rangers after demonstrating last October on a sidewalk in Philadelphia near the Liberty Bell. He refused to move his preaching and protest against abortion to a nearby alternative site at Independence National Historical Park. The National Park Service restricted demonstrations on the sidewalk by the Liberty Bell after the 9-11 attacks. Marcavage's attorney, C. Scott Shields, called the sentence a "travesty of justice" and said he would appeal to a district court judge.

Sikh Sues Disney Over Firing

Friday's Orlando (FL) Business Journal reports that Sukhbir Channa, a Sikh, has filed suit in state court against Walt Disney World alleging he was discriminated against because of his turban, beard and long hair required by his religious beliefs. Originally hired as a seasonal college musician, Channa says he was fired because he did not have the "Disney look". Channa says he wore a toy soldier hat over his turban in his parade performances, and originally was allowed to wear a red turban instead of a beret in atmospheric performances, but supervisors decided this was not sufficient. The suit alleges violations of the Florida Civil Rights Act. It seeks damages of at least $1 million and an injunction preventing Disney from discriminating against Sikh employees and prospective employees in the future.

Bush Visits Pope In Vatican

During his trip to Europe, on Friday President George W. Bush met with Pope Benedict XVI in the Vatican. Catholic News Service reports that in a break with normal protocol in order to express the Pope's thanks for the hospitality he was shown in the U.S. in April, the two met in the Vatican Gardens, held private talks in St. John's Tower, and listened to a choral performance in the grotto of Our Lady of Lourdes performed by the Sistine Chapel Choir. U.S. Ambassador to the Vatican, Mary Ann Glendon, commented that Bush and the Pope have "a shared foundation of spiritual and moral views that colors the way they discuss political issues," calling it "a living example of what the pope means when he speaks about positive secularism." She continued: "It is a living example of the fact that democracy and Christianity are good for each other." As Bush looked at the surrounding area from the top of St. John's Tower, he asked how large Vatican City was. A Vatican aide replied: "Not quite as big as Texas."

Recent Prisoner Free Exercise Cases

In Mitchell v. Department of Corrections, 2008 U.S. Dist. LEXIS 44752 (SD FL, Jun 6, 2008), a Florida federal district judge adopted a magistrate's recommendation to transfer venue to the Northern District of Florida in a prisoner's case that, among other things, alleged free exercise and RLUIPA violations. The RLUIPA claim challenges Florida Department of Corrections discontinuation of the Jewish Dietary Accommodation Program.

In Hudson v. Jabe, 2008 U.S. Dist. LEXIS 43019 (ED VA, June 2, 2008), a Virginia federal court ordered a pro se plaintiff to particularize his Free Exercise, RLUIPA and equal protection allegations regarding a Virginia prison's refusal to recognize The Nation of Gods and Earth as a separate religious group, the prison's classification of the group as a gang, and the prison's refusal to permit inmates to possess certain religious literature and to practice their religion outside of their cells.

In Gipbsin v. Kernan, 2008 U.S. Dist. LEXIS 41596 (ED CA, May 5, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim against certain of the defendants because plaintiff had not alleged a connection between those defendants' acts and any constitutional deprivation which he suffered.

Florida Ballot Measures on Vouchers, Blaine Amendment Challenged In Lawsuit

In Leon County, Florida today, a group of individuals and organizations, including the Florida Education Association and Americans United for Separation of Church and State filed suit alleging that Florida's Taxation and Budget Commission exceeded its authority in placing two constitutional amendments on the November ballot. The Miami Herald reports on the lawsuit, as does a press release from Americans United. At issue are Ballot Initiative 7 that would eliminate the constitutional prohibition on directing state funds to aid religious institutions (see prior posting) and Ballot Initiative 9 that would permit school voucher programs (see prior posting). The complaint (full text) also alleges that that the title and summary language for Ballot Initiative 9 are misleading.

UPDATE: Plaintiffs also filed a motion for a temporary injunction (full text) and a Memorandum of Law in support of the motion (full text). [Thanks to Steven Sheinberg for these.]

Ontario Parliament Keeps Lord's Prayer, But Adds Others As Well

In the Canada, members of Ontario's Legislative Assembly yesterday reached a compromise over Premier Dalton McGuinty's proposal that its sessions no longer open with a reading of the Lord's Prayer. (See prior posting.) Under the arrangement approved unanimously, the Lord's Prayer will stay, but it will be followed by a second prayer. The additional prayer will rotate among religious traditions. It will include Buddhist, Hindu, Islamic, Sikh, Jewish and Baha'i prayers, as well as a moment of silence, a Native spiritual passage and a non-denominational prayer blessing Queen Elizabeth and her representative in the province. Today's Ottawa Citizen and Toronto Star report on the decision and reactions to it. A complete transcript of yesterday's debate in the legislature on the motion is available online.

Cub Scout In Scotland Objects To Oath To Queen Because of Anti-Catholic Rules

In Scotland, the mother of an 8-year old is threatening to go to the European Court of Human Rights to challenge the requirement by the Cub Scouts that her son recite a promise that includes doing his duty to the Queen. Matthew McVeigh's mother says that she wants the wording changed because Britain's 1701 Act of Settlement discriminates against Catholics, not allowing them to take the throne. Matthew says he does not want to have to recite a pledge he does not believe in. The Cub Scout commissioner says that if Matthew continues to refuse, he would not be totally out of the scouts. He could go on trips, but would not be insured. Also he could not wear the Cub Scout necktie. Yesterday's London Daily Mail and today's Scotland's Daily Record both report on the controversy. [Thanks to Scott Mange for the lead.]

Jewish Pick For Air Force Chief of Staff Inherits Proselytization Issues

The Forward yesterday profiles Air Force General Norton Schwartz who earlier this week was chosen by Defense Secretary Robert Gates to be the new Air Force Chief of Staff. The appointment is subject to Senate confirmation. Schwartz, who is Jewish, will inherit issues at the Air Force Academy relating to Christian proselytizing of students and failure to accommodate needs of non-Christian cadets.

Seventh Day Adventist Church Scores Partial Trademark Win

General Conference Corporation of Seventh Day Adventists v. McGill, 2008 U.S. Dist. LEXIS 45526 (WD TN, June 11, 2008) is a trademark infringement and unfair competition lawsuit brought by the Seventh Day Adventist Church against a break away pastor of a 3-member church he currently calls "A Creation Seventh Day & Adventist Church". The court held that the trademark "Seventh Day Adventist" is not generic and thus is protectable and that defendant illegally used the mark without permission. The court found however that that there is a material issue of fact as to whether the registered mark "Adventist" is generic and that plaintiffs had not proven that "SDA" is a valid trademark.

Amish Sentenced To Jail Over Waste Disposal Violations

Two Swartzentruber Amish farmers who refuse to comply with state code requirements for disposal of waste from their community school outhouses and who say obtaining a permit for the outhouses would violate their religious beliefs have also refused the options of paying a fine or performing community service. (See prior posting.) So a Pennsylvania trial court judge has sentenced them to 90 days in jail. Today's Centre Daily Times (State College, PA) reports Judge Michael Zungali did not accept the defendants' claim that community service would violate their religious beliefs, saying it could be performed near their homes. The judge told defendants that if they appealed they would not be sent to jail immediately. The two men said it violates their religious beliefs to hire their own attorney for the appeal, but they would accept volunteer help or permit someone else to pay for their defense-- which a local farmer offered to do.

New Poll on Religion and Public Life

Earlier this week, the Henry Institute at Calvin College released its 2008 National Survey on Religion and Public Life (link to full survey results). The survey breaks out subgroups of Protestants and Catholics, as well as other faith traditions and looks both at political affiliation and attitudes toward free trade, environmental regulation, posting of the 10 Commandments, abortion, gay rights, the Iraq war, clergy endorsement of candidates and likely vote in the Presidential elections. [Thanks to Melissa Rogers for the lead.]

Report Calls For Understanding Church of England's Role In Welfare System

In Britain earlier this week, the Von Hugel Institute issued a report that had been commissioned by Rt Rev Stephen Lowe, the Church of England's Bishop for Urban Life and Faith. The report, titled Moral, But No Compass Government, Church and the Future of Welfare, calls for increased understanding of the Church of England's role in delivery of welfare services. (Church of England press release.) The report, available for purchase, is summarized by its publisher. Last Sunday, just before the release of the report, Ekklesia reported on interviews with the report's authors.

Minnesota Pastor Challenges IRS Limits On Church Political Involvement

In Warroad, Minnesota, pastor Gus Booth, a delegate to the Republican National Convention, is openly challenging IRS restrictions on church involvement in political campaigns. In May, Booth delivered a sermon telling his congregation not to vote for either Hillary Clinton or Barack Obama because of their positions on abortion. Two weeks later Booth e-mailed Americans United for Separation of Church and State saying:

I am writing you to let you know that I preached a sermon in my church on Sunday, May 18, 2008, that specifically addressed the current candidates for President in the light of the Bible. As you can see from the attached newspaper article, I specifically made recommendations as to who a Christian should vote for.

I have read in the past about how you have a campaign to intimidate churches into silence when it comes to speaking about candidates for office. I am letting you know that I will not be intimidated into silence when I believe that God wants me to address the great moral issues of the day, including who will be our next national leader.

Yesterday a press release from Americans United and the Minneapolis Star Tribune report on developments. Yesterday, AU wrote the IRS urging them to investigate (full text of letter).

Judge Ready To Rule Against Tangipahoa Parish In Graduation Prayer Case

The Advocate reports today that in a pending case against Tangipahoa Parish School Board challenging a teacher-led prayer at the 2007 PM High School graduation, a Louisiana federal district judge says he has a draft opinion that will rule in favor of the ACLU's challenge. However he is delaying issuing it in order to give the parties until June 27 to agree on a consent order and award of attorneys' fees. The school board has admitted that the prayer was an inadvertent violation of board policy and was unconstitutional. At the last minute the principal asked the teacher to deliver the invocation when the student who was scheduled to do so did not show up. The ACLU has sued Tangipahoa Parish seven times since 1994 over religion in school issues. (See prior related posting.)

Judge In FLDS Case Guarded; Joint State Efforts Discussed

The Deseret News reported yesterday that Texas police are guarding the home of Judge Barbara Walther, the trial court judge who recently ordered removal of over 450 children from the FLDS ranch in Eldorado, Texas. They were especially on the lookout for 16 FLDS members who Utah police see as a threat. A website that supports FLDS members published Walther's home address and her home and work telephone numbers. Her address has now been removed at the request of FLDS leaders. The website also links to petitions to impeach Walther, impeach Governor Rick Perry and abolish Texas Child Protective Services.

In a related development, the Desert News reports today that top law enforcement officials from Utah, Arizona, Nevada and Texas recently met in Las Vegas to discuss cooperative efforts t prosecute crimes within polygamous sects.

9th Circuit Again Certifies Issues To California High Court In Boy Scout Case

The complex journey through the courts continues in a challenge to the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The challenge turns on the scout's exclusion of atheists, agnostics, and homosexuals as members or volunteers and its requirement that members affirm a belief in God. In December 2006, the 9th Circuit in the Barnes-Wallace v. Boy Scouts of America certified three questions of California state constitutional law to the California Supreme Court. (See prior posting.) In response, the Boy Scouts filed a motion for a rehearing and en banc review. (See prior posting.) Yesterday, the 9th Circuit (full text) granted a panel rehearing, withdrew its 2006 certification order and issued a new certification order certifying the same questions. As before, the order is accompanied by an opinion, a concurrence and a dissent (full text).

South Carolina AG Says Bill On Display of Historical Documents Is Constitutional

The AP reported yesterday that South Carolina Attorney General Henry McMaster has issued an opinion that H3159 awaiting the governor's signature is constitutional. The bill permits schools and local governments to post a Foundations of American Law and Government display comprised of 12 documents, including the Ten Commandments and the Lord's Prayer. (See prior posting.) The opinion says that the documents have an established place in teaching American constitutional history and civic virtue, and that their display would teach morality, ethics and integrity.

UPDATE: Late Wednesday, Gov. Mark Sanford signed the bill into law. (CBN News).

Gambian President Threatens Gays With Punishment Under Islamic Principles

In Gambia, according to a Human Rights Watch release issued Tuesday, President Yahya Jammeh has threatened to expel or kill any gays or lesbians who do not immediately leave the country, saying: "We are in a Muslim dominated country and I will not and shall never accept such individuals [homosexuals] in this country." In response yesterday, an Islamic cleric in the United States issued a fatwa criticizing some of the President's remarks. Yesterday's Pink News reports that Sheikh Mohamed El-Moctar El-Shinqiti, director of the Islamic Center of South Plains, Texas took issue with the President, saying: " Gambian president Jammeh deserves respect for his enthusiasm for Islam and virtue in his society. However, before iterating his threats, he needs to wait and make sure of the legal foundation of them...."

6th Circuit Says Church Autonomy Doctrine Does Not Bar Defamation Case

In Ogle v. Hocker, (6th Cir., May 29, 2008), the U.S. 6th Circuit Court of Appeals held that the church autonomy doctrine does not bar the court from adjudicating defamation and intentional infliction of emotional distress claims brought by Troy Ogle, an ordained Church of God bishop, against Rick Hocker, also a COG bishop. In sermons and elsewhere Hocker referred to Ogle's alleged homosexual advances. The court said:

While we are solicitous of protecting religious services from interference, we do not believe it proper to simply label a sermon as "ecclesiastical" and bar suit. Rather, we ask whether the suit will require us to delve into protected matters of church doctrine, policy, and practice.... We are not asked to determine whether Ogle’s actions complied with church law, whether Hocker’s religious condemnation of Ogle comports with the religious tenants of the COG, or whether Hocker’s statements supported his doctrinal point.... The only issue is whether Hocker’s purported factual statements, made both during a sermon and in multiple other contexts, were falsehoods that harmed Ogle.

Finding that Hocker is not a public figure, the court remanded so the trial court could determine whether there had been a showing that the statements made were false and whether the alleged conduct was extreme and outrageous. (See prior related posting.)

Muslim Speaker In Maryland School Creates Concern

In Frederick County, Maryland, student members of the Urbana High School's Middle Eastern Studies Group have invited Imam Yahya Hendi to speak at a meeting of the organization today. Hendi is the Muslim chaplain at Georgetown University. He is also the imam of the Islamic Society of Frederick and is active in interfaith activities. The student group is a co-curricular club formed by students in the International Baccalaureate program. Today's Frederick News Post reports however that attorney Daniel Cox says the cleric's appearance creates legal problems because "It appears to have a cloak of advocacy and a cloak of specific endorsement, by the school, of the potential viewpoints that are going to be shared by the preacher." School officials however say that it is perfectly appropriate for a speaker to teach about religion's role in history so long as he does not advocate a religious viewpoint.

Recent Scholarly Articles and New Book of Interest

From SSRN:

• Richard W. Garnett, Do Churches Matter? Towards an Institutional Understanding of the Religion Clauses (May 9, 2008, Villanova Law Review, Forthcoming).

From SmartCILP:

• John M. Breen, John Paul II, the Structures of Sin and the Limits of Law, 52 St. Louis University Law Journal 317-373 (2008).

New Book:

• Frederick Lane, The Court and the Cross: The Religious Right's Crusade to Reshape the Supreme Court, (Beacon, June 2008).

Canadian Court Dismsses Employer's Appeal In Religious Discrimination Case

In Syncrude Canada Ltd. v. Alberta (Human Rights and Citizenship Commission), 2008 ABCA 217 (June 10, 2008), the Alberta Court of Appeal dismissed an appeal by an employer in a religious discrimination case. Electrician Devinder Wadhwa, a Sikh, originally filed a complaint with the Human Rights Commission against Syncrude Canada after it insisted that Wadhwa shave his beard in order to be able to wear a standard protective mask. Syncrude however claimed that it was not Wadhwa's "employer" under the statute, but the Commission disagreed. The court decided that the Human Rights Commission's initial determination that Syncrude was Wadhwa's employer is not a final order that is appealable to the courts. Canwest News Service yesterday reported on the court's decision.

Are Drawings On Fence Religious Symbols or Graffiti?

A pagan couple in Des Moines, Iowa are appealing an order by the neighborhood inspections division that is demanding they remove graffiti from their fence. Homeowner Ryle MacPebbles however says the drawings are pagan religious symbols he placed on the fence to protect their home and ward off evil energy. He says the city is attacking his religion. Yesterday's Des Moines Register says that the city code defines as graffiti any "inscription, drawing, picture, letter, number, symbol or other written communication" on a surface not intended for such use.

French Court Denies Damages To Muslim Couple Who Barred Male Intern From Delivery Room

Al Arabiya reports today that a French appellate court in Lyon has ruled that a French Muslim couple are not entitled to damages from a hospital in their suit over neurological injuries suffered by their son during birth. The court said that the injuries are due to conduct of the child's father during the delivery. Radouane Ijjou, on religious grounds, physically barred a male intern from entering his wife's room for half an hour after a midwife asked for assistance with the labor.

Indonesia Stops Short of Dissolving Ahmadiyah Sect

On Monday, according to AFP, Indonesia's government issued a joint ministerial decree ordering the Ahmadiyah sect to "stop spreading interpretations and activities which deviate from the principal teachings of Islam" such as "the spreading of the belief that there is another prophet with his own teachings after Prophet Mohammed." However the government did not dissolve the group as had been recommended in April by the Coordinating Board for Monitoring Mystical Beliefs in Society. (See prior posting.) Islamists who have wanted the government to dissolve the sect are calling for "jihad" if he does not do so. Moderates, on the other had, fear that the government's order already is inconsistent with Indonesia's image as a democracy.

UPDATE: The June 16 Jakarta Post carries an interview with National Commission on Human Rights chairman Ifdhal Kasim who is critical of the government decree. He says it violates the International Covenant on Civil and Political Rights and gives the government too much power to interfere with religion.

Michigan Township Will Vote On Tax To Buy Property Surrounding Cross

Lost in the furor over Michigan's Presidential primary is the fact that the state has a primary for state and local offices scheduled for August 5. Voters in Cross Village Township will also be casting their ballots on an unusual tax measure. The Harbor Springs (MI) Harbor Light reported two weeks ago on the proposed .25 mill levy to permit the township to purchase the property after which the township is named. More information is in an editorial in today's Petoskey News-Review. The property, on which sits a large white cross first put up by a Jesuit missionary, is currently owned by Tom Graham. Graham is willing to sell the property overlooking Lake Michigan to the township for the below-market-price of $150,000. To try to avoid church-state concerns, he would also donate a 20 x 20 foot plot actually surrounding the cross to Little Traverse Conservancy, a private land trust. The News-Review's editorial argues: "There has been a cross standing in Cross Village in one form or another since the late 17th century. In our eyes the cross in Cross Village is a monument, less a religious symbol and more of a historic representation of white settler impact in the region."

9th Circuit Certifies Public Forum Question To Califonia Supreme Court

In a case that has been winding its way through federal courts for eleven years, the U.S. 9th Circuit Court of Appeals has assured no early final resolution by certifying a question of state law to the California Supreme Court. In International Society for Krishna Consciousness of California, Inc. v. City of Los Angeles, (9th Cir., June 9, 2008), the court asked the California Supreme Court to decide whether Los Angeles International Airport is a public forum under the Liberty of Speech Clause of the California Constitution. At issue is is a challenge by ISKCON to a Los Angeles ordinance that prohibits soliciting and immediately receiving funds at LAX. Yesterday's San Francisco Chronicle reports on the decision.

Newark Schools Settle Case Agreeing Not To Hold Graduations In Church Buildings

Yesterday's Newark (NJ) Star-Ledger reports that the ACLU has settled a lawsuit it filed against the Newark Public Schools on behalf of a Muslim student who was unable to attend his own high school graduation. Honor student Bilal Shareef's religious beliefs precluded him from entering a building containing religious icons such as a cross. West Side High School's 2006 graduation was held in the sanctuary of New Hope Baptist Church. In addition, any student who attended a Baccalaureate ceremony at the Basilica of the Sacred Heart Catholic Church got two extra tickets to graduation. In the settlement, described in an ACLU press release, the school district apologized to Shareef and his father, agreed not to hold student events in places of worship, and not to hold them in other religious buildings unless religious images are covered. The district also agreed not to give students special benefits based on whether they attend a religious event.

Canadian Panel Orders Pastor To Stop Publishing Anti-Gay Remarks

Life Site News today reports that a panel of the Alberta Human Rights and Citizenship Commission has issued its Decision on Remedy in the case of pastor Stephen Boissoin who had previously been found by the Commission to have incited hatred against homosexuals through a letter of his that was published in the Red Deer Advocate. (See prior posting.) In Lund v. Boissoin, (Hum. Rts. Panel AB, May 30, 2008), the Commission awarded $5000 in damages and ordered that "Mr. Boissoin and The Concerned Christian Coalition Inc. shall cease publishing in newspapers, by email, on the radio, in public speeches, or on the internet, in future, disparaging remarks about gays and homosexuals" and that "Mr. Boissoin and The Concerned Christian Coalition Inc. provide Dr. Lund with a written apology for the article in the Red Deer Advocate which was the subject of this complaint."

Obama Looks To Religious Voters For Support

The media are filled with stories on Barack Obama’s attempt to attract religious voters in the November election. CBN News reports that today Obama met with some 30 religious leaders in Chicago, including evangelicals, mainline Protestants and Catholics. Among those attending were mega-church Pastor TD Jakes and Prof. Doug Kmiec. In today’s Wall Street Journal, William McGurn writes a column suggesting that Obama is very different on religion than was John Kennedy. Obama believes that religion has a place in policy discussions in the public square. Meanwhile today’s New York Times reports that a new PAC, The Matthew 25 Network, is reaching out various religious communities—Catholics, moderate evangelicals, Hispanic Catholics and Protestants. Obama’s campaign already has staffers who focus primarily on Catholic and Jewish voters. He now plans to add a staffer to focus on evangelicals.

Israeli President Receives Fruits and Vegetables In Honor of Shavuot

Tonight is the start of the Jewish holiday of Shavuot-- both a harvest festival and a celebration of the receiving of the Ten Commandments. Today's Jerusalem Post reports that on Thursday a delegation from the Fruit and Vegetable Growers Association presented Israeli President Shimon Peres with four baskets of fruits and vegetables. Shavuot was the first day on which individuals could bring the first fruits to the Temple in Jerusalem. (Background). The Jerusalem Post explains: "Since there is no longer a high priest and a Temple in Jerusalem to which farmers should bring their harvest offerings, the recipient of the first fruits of the harvest of the seven species is the head of state, namely the president."

Website Allows "Raptured" To E-Mail Their Friends

Today's Christian Post reports on a new website, YouveBeenLeftBehind.com. The site, designed for those who believe that the Rapture will physically lift them to heaven, allows subscribers to send pre-written e-mails to up to 62 people six days after the Rapture. The site sends the messages when least three of its five staff members fail to log in for six consecutive days. The site also allows the storage of encrypted financial documents that can be sent to up to 12 e-mail addresses and unencrypted documents that can be sent to up to 50 addresses. The website explains: "The unsaved will be 'left behind' on earth to go through the "tribulation period" after the "Rapture".... Imagine how taken back they will be by the millions of missing Christians and devastation at the rapture. They will know it was true and that they have blown it. There will be a small window of time where they might be reached for the Kingdom of God. We have made it possible for you to send them a letter of love and a plea to receive Christ one last time."

According to the Christian Post article, the service has a legal explanation for part of its service: "There won't be any bodies, so probate court will take seven years to clear your assets to your next of kin. Seven years, of course, is all the time that will be left. So, basically the Government of the Antichrist gets your stuff, unless you make it available in another way."

Bahrain Nominates Jewish Ambassador To U.S.

Reuters reports today that the Muslim country of Bahrain has nominated a Jewish woman to be its ambassador to the United States. Houda Nonoo is one of only about 35 Jews who live in Bahrain. She will be the first Jewish ambassador from a modern Arab nation. Some Shi'ite Muslims in Bahrain say the appointment is a public relations ploy intended to distract attention from discrimination against the majority Shi'ites by the ruling Sunnis. Most Jews in Bahrain-- a community once numbering 600 to 1000-- trace their roots to Iraq. Most Jews in Bahrain emigrated to Israel after anti-Jewish attacks in late 1947. (Background.)

Egypt Outlaws Female Circumcision

M&C, as well as Australia's Herald Sun, report that yesterday Egypt's Parliament passed legislation-- effective immediately-- outlawing female circumcision (except in cases of medical necessity). Members of the Muslim Brotherhood movement complained that the new legislation-- part of a children's rights law-- "contradicts with the Islamic jurisprudence and is brought from the West." In Egypt, some among both Muslims and Christians practice female circumcision. Parliament also passed a law setting the minimum age of marriage for both males and females at 18. (See prior related posting.)

OMB Watch Encourages Bright-Line Rule For Church Involvement In Politics

The non-profit group OMB Watch in a June 3 press release says it is encouraging the Internal Revenue Service to draft "a bright-line rule that unambiguously defines prohibited political intervention activities for charities and religious organizations..." Its letter to the IRS (full text) -- in response to an IRS request for comments on its 2008-09 guidance priorities-- says that the current "facts and circumstances test" threatens 1st Amendment rights of charities, including religious groups, because of the test's lack of clarity.

Oklahoma Governor Vetoes Religious Viewpoints Antidiscrimination Act

The Tulsa World reports that Oklahoma Governor Brad Henry on Friday vetoed HB 2633, the Religious Viewpoints Antidiscrimination Act [full text Word doc]. The bill allowed students to express religious viewpoints in school without discrimination and provided that they could include religious content in classwork and homework assignments. It also permitted the formation of religious organizations in schools on a equal footing with other noncurricular student groups. The paper reports:

Henry said students are already allowed to express their faith through voluntary prayer and other activities. He said the legislation was well-intended, but vague and "may trigger a number of unintended consequences that actually impede rather than enhance such expression."

Schools could be forced to provide equal time to fringe groups that masquerade as religions and advocate behaviors such as hate speech.

"Additionally, this bill would presumably require school officials to determine what constitutes legitimate religious expression, subjecting them to an explosion of costly and protracted litigation that would have to be defended at the taxpayers' expense," Henry said.

IRS Revokes Non-Profit Status of Two Religious Groups

In Announcement 2008-51 (June 2, 2008), the Internal Revenue Service announced the revocation of non-profit 501(c)(3) status for several organizations. Included were two religious groups: America’s Faith Centered Education Foundation, Inc. of Sandy, Utah and Prayer Works of Branson, Missouri.

District Court Refuses To Dissolve Injunction In InnerChange Case

Last year in a widely publicized decision the U.S. 8th Circuit Court of Appeals held that a government funded, faith-based inmate rehabilitation program operated in an Iowa prison by InnerChange violates the Establishment Clause. (See prior posting.) Since the Iowa Department of Corrections has now terminated its contract with InnerChange, the program has ceased operation in Iowa, and InnerChange has paid back to the state all funds that the court had ordered it to return, in April the defendants in the case asked the federal district court to dissolve the injunction that had been issued.

In Americans United for Separation of Church & State v. Prison Fellowship Ministries, 2008 U.S. Dist. LEXIS 44291 (SD IA, May 19, 2008), an Iowa federal district court refused to do so at this time, but said it is wiling to reconsider dissolving the injunction in 18 months. In denying the current motion, the court said:

[T]he injunction does not result in the Court "micro-managing the Iowa prison system," nor does it fail to "'take into account the interests of state and local authorities in managing their own affairs, consistent with the Constitution.'" ... Indeed, were the State to contract with InnerChange for services unsupported in any way by government funds, such contract would not violate the existing injunction and would not necessitate Court intervention or review.

... Defendants have not satisfied their burden to show that the cessation of the InnerChange program or the repayment of funds has made compliance with the injunction more onerous, unworkable, or detrimental to the public interest, such that the injunction should be dissolved.

Jury Verdict Against Islamic Charity Officials Overturned

A federal judge in Boston last Tuesday overturned a jury's tax conspiracy verdict handed down in January against officers of a former Islamic charity. In the case, the government had charged that three defendants withheld information about Care International's support of jihad and mujaheddin in various countries when they applied for 501(c)(3) tax exempt status for Care International. (See prior posting.) According to the International Herald Tribune, U.S. District Court Judge Dennis Saylor IV concluded that prosecutors failed to prove that the group's leader, Samir Al-Monla, had conspired with Emadeddin Muntasser to lie to the IRS. The court however let stand Muntasser's conviction on charges of lying to federal officials and Muhammed Mubayyid's false statements and false tax return convictions. A written opinion will be filed to support the judge's oral ruling.

Yeminis Argue Over Creation of Religious Police Force

In Yemen, Islamists led by Sheikh Abdulmajeed al Zindani have asked President Ali Abdullah Saleh to create a 25-member national committee for the promotion of virtue and prevention of vice. Abu Dhabi's The National reports today that representatives of civil society organizations at the al Jawi Forum in Sana'a last week opposed the idea. They say that establishing a "religious police" is an unconstitutional attack on civil rights and free speech.

Ohio Supreme Court: Church Gets No Exemption For Property Acquired Mid-Year

In Sylvania Church of God v. Levin, (OH Sup. Ct., May 28, 2008), the Ohio Supreme Court held that a church could not obtain a tax exemption for property it acquired mid-year. An exemption is available for the year only if the property is owned by the applicant and used for an exempt purpose on January 1 of the year in question. It is not enough that the property is used for an exempt purpose before the application is filed later in the year.

Falun Gong In New York Have Been Attacked

Yesterday's Epoch Times reports that adherents of Falun Gong in Flushing, New York met this week with representatives of the New York Police Department to discuss physical and verbal attacks that have been directed at the Falun Gong. The paper says that China has spread false rumors, through its state-controlled media in the United States and in China, that Falun Gong practitioners have been blocking donations from getting to earthquake victims in Sichuan Province. Late last month, the Epoch Times reported that attacks on Falun Gong in New York occurred after reports spread through the Chinese community that Falun Gong was celebrating the deaths in the earthquake. The newspaper claims that the Chinese Consulate in New York was implicated in encouraging the attacks.

10th Circuit Rejects Trademark Claims By Group Formed To Critique LDS Church

In Utah Lighthouse Ministry v. Foundation for Apologetic Information and Research, (10th Cir., May 29, 2008), the U.S. 10th Circuit Court of Appeals rejected trademark infringement, unfair competition and cybersquatting claims brought by a group founded to critique the Church of Jesus Christ of Latter Day Saints. The group, UTLM, sued FAIR, a volunteer organization whose website was created to respond to criticism of the LDS Church by UTLM. The court held that despite similarities in the two groups' websites, UTLM failed to show "that UTAH LIGHTHOUSE is protectable, that Defendants' use was in connection with any goods or services, and that Defendants' use was likely to cause confusion among consumers as to the source of the goods sold on the FAIR online bookstore." The court also rejected UTLM's claim that FAIR had violated the Anti-Cybersquatting Protection Act.

Ohio Library Sued For Denying Meeting Room For Relgious Program

Today's Cincinnati Enquirer reports that last Wednesday a federal lawsuit was filed against the Clermont County (Ohio) Public Library by George and Cathy Vandergriff and the Institute for Principled Policy who were denied use of a library meeting room to present two days of Biblically-based financial planning workshops. The library makes its meeting rooms available to non-profit use by community groups, but they may not be used for "political, religious or social events." The complaint (full text) alleges that the library's singling out of religious speech violates the 1st and 14th Amendments of the U.S. Constitution and the religious freedom protections of the Ohio Constitution. Alliance Defense Fund, which represents plaintiffs, issued a press release on the case.

UPDATE: The AP reported on June 13 that in response to the lawsuit, the Clermont library board has decided to exclude all outside groups from its meeting rooms and allow their use only for library programs.

Illinois Mayor Vetoes Settlement Of Zoning Dispute

The mayor of Carlinville, Illinois has vetoed City Council's 5-4 approval of a mediated settlement in a zoning controversy with the Carlinville Southern Baptist Church. Yesterday's Alton (IL) Telegraph reports that the settlement would have allowed the use of an old Wal-Mart building, zoned for commercial use, as a church. It would also have required the city to pay the church $175,000. The city had sued to prevent the church from occupying the building, and the church responded with a federal lawsuit in which the court ruled that the church could use the building for offices and a day care center, and could remodel the building's interior. The mayor's veto can be overridden by a two-thirds vote of Council

Ohio Supreme Court Holds Relatives May Not Claim Autopsy Specimens

The Canton Repository reports that, in a decision with implications for those whose religious beliefs require burial of all body parts, the Ohio Supreme Court yesterday held that a decedent's next-of-kin has no right to receive back autopsy specimens. In Albrecht v. Treon, (OH Sup. Ct., June 5, 2008), the Court in a 6-1 decision held:

The issues of whether notice is required, what notice is required, and whether and under what circumstances tissue and organs can be removed and retained during the course of an autopsy, are issues for the legislature, not the courts.... [T]he next of kin of a decedent upon whom an autopsy has been performed do not have a protected right under Ohio law in the decedent’s tissues, organs, blood, or other body parts that have been removed and retained by the corner for forensic examination and testing.

A Supreme Court news release summarizes the decision. (See prior related posting.)

Turkey's Constitutional Court Invalidates Constitutional Changes On Headscarves

Hurriyet reported yesterday that Turkey's Constitutional Court has struck down constitutional amendments adopted in February designed to lift the ban on wearing of Muslim headscarves at universities. (See prior posting.) By a vote of 9-2, the court held that the provision in Article 2 of the country's Constitution providing that Turkey is a secular and democratic state is, according to Article 4 of the Constitution, unamendable. The Court announced its decision in a short statement, indicating that full opinions will be released later. The Court's statement read:

The law of February 9th making constitutional amendments to lift a ban on headscarf at universities has been cancelled based on the constitution's articles no. 2, 4 and 148. The execution of the law has also been stopped.

Meanwhile, on Tuesday in the case of Karaduman and Tandoğan v. Turkey, the European Court of Human Rights rule that two Turkish high school teachers who had been fired for refusing to remove their Muslim headscarves had been denied the right to a fair trial because they had not been allowed to respond to the opinion of Principal State Counsel at the Supreme Administrative Court. (ECHR press release).

California Prisons Short On Jewish Chaplains To Implement Lawsuit Settlement

In 2003, the state of California settled a class action lawsuit brought by an Orthodox Jewish prisoner seeking kosher food while in prison. As part of the settlement, the state agreed to make good-faith efforts to have kosher food available in all of its 33 prisons by 2006. This week's Forward reports that this promise has led to a scramble to find enough Jewish chaplains to supervise preparation of kosher food in that number of prisons. Currently the state has 24 Jewish chaplains, nine of whom are Chabad rabbis. Overall the state employs 185 chaplains from five faiths--Protestants, Catholics, Native Americans, Jews and Muslims. Jews make up less than 1% of California's prison inmates. Texas has dealt with a similar problem by placing all 23 of its Jewish inmates who have requested kosher food into one prison.

Illinois Village Sets Guidelines For Invocations

The Carpentersville, Illinois Village Board last Tuesday adopted guidelines for invocations that it had previously voted to include at Board meetings. Yesterday's Arlington Heights (IL) Daily Herald reports that the invocations may be delivered by a recognized leader of any faith or belief. However all invocations must be non-sectarian and "cannot proselytize or advance any one religion or disparage any other religious belief." In requiring non-sectarian language, the policy states that: "specific references to Jesus Christ, Yahweh, Buddha or Allah would respectively be considered references to a specific tenant [sic.] of Christianity, Judaism, Buddhism or Islam."

Saudi King Opens Muslim World League Conference

The London Guardian reported yesterday that earlier this week Saudi Arabia's King Abdullah opened a 3-day meeting of the Muslim World League in Mecca. Abdullah hopes the Conference will create greater unity among various Muslim schools of thought as a prelude to discussions with Jewish and Christian leaders. However grand mufti Abdul Aziz Al al-Sheikh, Saudi Arabia's highest religious legal official, emphasized that the goal of interfaith dialogue was to covert others to Islam. Former Iranian president Akbar Hashemi Rafsanjani also spoke at the Conference opening, referring only briefly to Sunni- Shia relationships, preferring instead to criticize western governments for their invasion of Iraq.

Texas School Principal Sanctioned Over Student Assembly About Islam

In Friendswood, Texas, near Houston, Friendswood Junior High School principal Robin Lowe has been moved out of her job into another position because of a school assembly at which 7th and 8th graders heard a presentation about Islam from two representatives of the Council on American-Islamic Relations. Today's Houston Chronicle reports that the PowerPoint presentation titled "Islam: Respecting Diversity," discussed the size of the Muslim population, the basic tenets of the religion and the dating customs. CAIR asked to present it after a complaint from the father of a student that his son was physically attacked because he was a Muslim. However, apparently the district superintendent had given permission to have only the staff, not students, attend the presentation. Friendswood Superintendent Trish Hanks sent a memo to parents and community members saying: "It is obvious now that a misunderstanding occurred between two very competent and dedicated administrators." In her letter, Hanks described Friendswood as "a faith-based community" and apologized to parents, saying her main concern was not the content of the presentation, "but with the fact that a group had an audience with our students without consent from parents or this administration."

UPDATE: Here (via the Houston Chronicle) is the PowerPoint presentation used for the assembly. [Thanks to Blog from the Capital for the lead.]

Jordan Summons Danes In Effort To Create International Blasphemy Law

Jordan's Public Prosecutor has summoned Danish cartoonist Kurt Westergaard and the editors of ten Danish newspapers to appear in Jordan to answer charges of blasphemy and threatening the national peace because of an offensive cartoon of Muhammad reprinted in Danish newspapers earlier this year. (See prior posting.) Jordanian courts have not issued an indictment, but the Prosecutor is attempting to use the case to create international law against slandering religion. Developments are reported Tuesday by the Copenhagen Post and yesterday by Fox News. Abu Dhabi's The National last week ran an excellent background piece pointing out that the case was brought by a group known as The Prophet Unites Us, a coalition of media outlets and members of Parliament. The complaint charges that publishing the cartoons violates the International Covenant on Civil and Political Rights which both Jordan and Denmark have signed, as well as provisions of the Jordanian Penal Code. A 2006 amendment to Jordan's Criminal Procedures Law allows a complaint to be filed if an alleged crime is committed on the Internet outside Jordan but has an impact on Jordanians. However, there is no extradition treaty between Denmark and Jordan.

Snoqualmie Lawsuit Claims Member Ousted For Religious Reasons

Yesterday's SnoValley Star reports that nine members of the Snoqualmie Tribe of Indians who were banished by the tribe's new government have filed suit against the Tribe in federal district court in Washington state. Plaintiffs claim the banishments violate the Indian Civil rights Act, the Tribe's constitution and various provisions of the U.S. constitution. The suit in part claims that one of the defendants, Linda Sweet Baxter, purportedly charged with crimes amounting to treason, was in fact ousted for her leadership in the Indian Shaker Church, a Christian-based fundamentalist religion. Baxter apparently has "admonish[ed] Tribal leaders in the name of the great spirit." The suit was brought in federal court because the tribe has never set up its own tribal courts. Disputes over the Tribe's new casino and other spending by the Tribe appear to lurk in the background in the dispute.

Volunteer Pastor Is "Professional" Under California Sex Abuse Law

In People v. Bautista, (CA Ct. App., June 3, 2008), a California appellate court held that a lay pastor could be convicted under a California Penal Code Sec. 289(d) that outlaws sexual penetration of a victim who was not aware of the essential characteristics of the act because of the perpetrator's fraudulent representation that the sexual penetration served a professional purpose. The court rejected the defense that the only individuals who fall under the "professional purpose" language are those in occupations that are licensed and certified by the state. The court held that the law can also cover members of the clergy-- including unlicensed and unpaid pastors. The court also found no free exercise violation in the trial court's admission of certain evidence regarding tenets of defendant's church, including his religious authority and the concern with the appropriate behavior of teenage churchgoers.

Turkish Theologians Sue To Change Name of Fashion Designer's Company

In Turkey, two liberal theologians have brought a lawsuit against the country's most famous Islamic clothes designer to force him to change the name of his company. London's Independent reports today on the lawsuit filed by Ilhami Guler and Suleyman Bayraktar against Mustafa Karaduman who has become known as "Allah's tailor". Karaduman's company "Tekbir" has become famous-- to the dismay of secularists-- for mass-marketing brightly colored headscarves and ankle-length coats that are widely worn by conservative urban women. However "Tekbir" refers to the Islamic credo – "there is no God but God". The suit claims violation of a Turkish law that bans the commercial use of names, "imbued by society with a moral value". Plaintiff Guler said: "Jesus was upset by the sight of the money-lenders in the temple, and I'm upset by the thought of a new generation of Muslims for whom 'Tekbir' means expensive headscarves."

Algerian Actions Against Christian Conversionary Activity Continues

Yesterday's Christian Post reports that in Algeria, four Christians charged with attempting to convert Muslims have received suspended prison sentences and fines. Tuesday's court decision stems from charges under a 2006 law that prohibits attempting to convert Muslims and also requires non-Muslim activities to take place only within churches. The four plan to appeal. A number of actions against Christians and Christian churches have been undertaken in the last six months. Compass Direct News reported yesterday that in the Algerian city of Tiaret, five plainclothes officers stopped a Muslim woman who had converted to Christianity and publicly questioned her for two hours. The woman, Habiba Kouider, is already on trial for "practicing non-Muslim religious rites without a license" after authorities found she was carrying several copies of the Bible and books on Christianity, apparently for distribution. Defending government actions, Dr. Abu Amrane Chikh, head of the government-appointed Islamic Higher Council, said that efforts by Christian evangelists are "a new form of colonization that is hidden behind freedom of worship."

New Anti-Evolution Strategy Emerging In Texas Education

Today's New York Times carries an analysis of developments in Texas regarding public school science curriculum. The article titled "Opponents of Evolution Adopting a New Strategy" says that language already in the science standards, calling for the teaching of the "strengths and weaknesses" of evolution, has become the focus of debate. A state-appointed committee of science educators that is reviewing science standards is likely to recommend removal of the language. However opponents of evolution are only one vote away from a majority on the State Board of Education. The chairman of the Board, dentist Don McLeroy, believes that the earth appeared only thousands of years ago, saying his rejection of evolution is not a religious belief. He says: "I just don’t think it’s true or it's ever happened." Starting this summer, the Board will begin to set curriculum standards for the next decade. Because Texas is one of the largest buyers of textbooks, its mandates will likely find their way into texts used throughout the country.

New Center for Engaged Religious Pluralism Created

In Moraga, California yesterday, Saint Mary's College announced the opening of its new Center for Engaged Religious Pluralism. The Center's goal is to broaden the dialogue about religion, politics, and public policy to include participants from many different belief systems that are typically not involved in public debate on these issues. The Center's first initiative, its Prison Religion Project, will develop a model policy to accommodate religious diversity in prisons. More information is available on the Center's website.

FLDS Proceedings Costly To State; Investigations Continue

CNN reported yesterday that it has cost Texas well over $7 million to remove FLDS children from the YFZ Ranch, litigate the case and eventually return the children. The state spent $5.2 million to provide food, shelter and counseling (mostly employee overtime and transportation.) As of May 20, legal costs for the state exceeded $2.2 million, with the burden falling mainly on two county governments. Additional appeals took place after that. Meanwhile WFFA News reports that the investigation continues and that criminal charges against some FLDS men are possible. In a Findlaw column yesterday, law professor Marci Hamilton pointed out that the Texas Supreme Court decision returning the children to their parents made it clear that the state has broad continuing jurisdiction in the case.

Former Screen Star Convicted By French Court of Inciting Hatred

Former screen star, now animal rights activist, Brigitte Bardot yesterday was fined over $23,000 by a French court for provoking discrimination and racial hatred against Muslims. She was also ordered to pay $1,555 in damages to MRAP, a French anti-racism group. According to reports by AP and AHN, the case grew out of a letter she wrote in December 2006 to then Interior Minister Nicolas Sarkozy and which she subsequently published her foundation's quarterly journal. The letter objected to the slaughter of sheep by Muslims for the feast of Eid el-Kebir (also known as Eid al-Adha) and said that France is "tired of being led by the nose by this population that is destroying us, destroying our country by imposing its acts." The court also ordered that the court's opinion be published in the newsletter of Bardot's animal rights foundation. This is the fifth time in eleven years that Bardot has been convicted of inciting racial hatred.

California University Lets Quaker Attach Explanation To Loyalty Oath

California State University at Fullerton has agreed to allow a Quaker instructor to attach an addendum to California's requied loyalty oath. Yesterday's Chronicle of Higher Education reports that Wendy Gonaver, a lecturer in American studies who was terminated last fall when she refused to sign the oath, has now reached an agreement with the University after negotiations on her behalf by People for the American Way. The addendum indicates that while Gonaver will abide by the oath, she objects to the compulsion in signing it. It concludes: "as a Quaker, in order to sign the oath in good conscience, I must also state that I do not promise or undertake to bear arms or otherwise engage in violence, and I have been assured by CSU that my oath will not be construed to require me to do so."

A joint press release by the University and PFAW says: "CSU is committed to working with individual employees to accommodate their religious beliefs in order to allow them to sign the oath," so long as the arrangement "does not undermine or qualify the oath." (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Canadian Provincial AG Again Considering Charges Against FLDS

Despite recommendations by two earlier special prosecutors that charges not be filed until the law is clarified, the Canadian Press reported yesterday that British Columbia Attorney General Wally Oppal is appointing yet another special prosecutor to determine whether polygamy and sexual abuse charges should be brought against members of the FLDS community in Bountiful, B.C. One of the children taken into custody by Texas officials after their raid on an FLDS compound was a teen age girl from Bountiful. Attorney Terrence Robertson has been appointed to the special prosecutor position. (See prior related posting.)

Consent Judgment Entered In Louisiana Gideon Bible Case

A Consent Judgment (full text) has been entered by a Louisiana federal district court in Roe v. Tangipahoa Parish School Board, (ED LA, May 28, 2008). The decree concluded that distribution of Gideon Bibles at Loranger Middle School violated the Establishment Clause. It ordered school officials "to refrain from allowing, participating in and/or encouraging the distribution of Bibles, or other religious materials, to elementary school children within the jurisdiction of the Tangipahoa Parish School System, on school property." It also awarded plaintiffs nominal damages and attorneys' fees. Yesterday's Advocate reported on the court's action. The consent decree means that school officials will not appeal to the 5th Circuit to try to overturn the district court's earlier decision finding an Establishment Clause violation. (See prior related posting).

Interview With Head of Saudi Virtue Commission Published

The Arabic International Daily Asharq Alawsat yesterday published a rare interview with Sheikh Ibrahim Al-Ghaith, head of Saudi Arabia's Commission for the Promotion of Virtue and Prevention of Vice. Al-Ghaith gave this summary of the Commission's work in 2006:

The presidency of the commission conducted more than 47,500 awareness and guidance programs that consisted of symposiums, panels, and guidance lectures and distributed more than 7,830,000 pamphlets and audio cassettes. Through its various branches and centers, the presidency of the commission arranged more than 60,940 cooperation visits and contacts. All this is within the realm of the first part of the commission's mission; namely, the promotion of virtue.

As for the second part, namely, the prevention of vice, about 416,000 cases were dealt with the number of persons involved in these cases was 434,000 individuals (that is 2% of the population of Saudi Arabia if the number of citizens and residents is over 22 million persons). The unpublicized cases that ended with pledges [not to commit the offense again] in order to protect the reputation of the perpetrator involved about 392,000 individuals, that is, about 90%. About 42,000individuals, that is, about 10% were referred to the quarters concerned. These percentages show very clearly that the purpose of the commission is to reform and correct. This is the approach that all the members of the commission take. No one is referred to the quarters concerned unless we see that such a referral is unavoidable.

The lengthy interview also covers a number of other topics including various complaints about the Commission's operations.

Court Denies Preliminary Injunction To Yoko Ono In Suit Over Anti-Evolution Film

Yesterday in Yoko Ono Lennon v. Premise Media Corp., (SDNY, June 2, 2008), a New York federal district court refused to grant a preliminary injunction to Yoko Ono in her copyright infringement suit over use of a 15-second excerpt from a John Lennon song in the film "Expelled: No Intelligence Allowed". Yesterday's International Herald Tribune and Wall Street Journal Law Blog both report on the decision relating to music and lyrics from the song "Imagine". The movie claims academic suppression of supporters of Intelligent Design theory. In denying the preliminary injunction, the court held that defendants are likely to succeed on their "fair use" defense. (See prior related posting.)

Scalia Addresses Orthodox Jewish Group On Church-State Issues

The New York Sun reports on a speech given Sunday night by Justice Antonin Scalia to the annual dinner of the Agudath Israel of America. He said that the Constitution should not be read to "banish the Almighty from the public forum." He also complained about the Supreme Court's recent rulings that government cannot favor religion over non-religion, saying that this does not, represent American tradition. Extensive photos of the event are available on Yeshiva World News. An audio recording of Scalia's full speech is available online from JBlog.Central.

Trial Judge Orders FLDS Children Released, Subject to Restrictions

In San Angelo, Texas, Judge Barbara Walther signed an order this morning allowing mothers of around 450 FLDS children to take the children back from shelters across the state at which they were being held in state custody. Today's San Angelo Standard-Times reports that the order places substantial restrictions on the parents and children while the Department of Family and Protective Services carries out an investigation of alleged sexual abuse on the YFZ Ranch. The order prohibits the children from leaving the state, requires parents to keep DFPS informed of their address and permits state officials to make unannounced visits any day between 8 a.m. and 8 p.m. The court also granted an emergency stay of its order as to a 16-year old girl who is the daughter of FLDS leader Warren Jeffs. A separate arrangement with tighter restrictions is being negotiated in her case.

UPDATE: The full text of Judge Walther's order is now available online. Also today, according to the Standard-Times, FLDS spokesman Willie Jessop said that FLDS policy will now be to bar any girl from marrying who is not of the legal consent age in the state where she lives. The group will counsel members against such marriages.

Danish Embassy In Pakistan Bombed, Apparently Over Muhammad Cartoons

AFP reports that today a suicide bomber blew up a car outside the Danish embassy in Islamabad, Pakistan, killing 8 and wounding 30. While there was no immediate claim of responsibility, authorities say it was likely linked to caricatures of the Prophet Muhammad that were originally published in Danish newspapers in 2005. Osama bin Laden and his deputy Ayman al-Zawahiri have urged attacks on Danish targets in retaliation for the cartoons.

5th Circuit Rules In Favor of Odinist Prisoner

The U.S. 5th Circuit Court of Appeals last week reversed a district court's grant of summary judgment and remanded the free exercise and RLUIPA claims of a Texas prisoner who practices the Odinist/Asatru faith. In Mayfield v. Texas Department of Criminal Justice, (5th Cir., May 30, 2008), the court first held that the 11th Amendment does not bar declaratory and injunctive relief against prison officials. The court then concluded that disputed issues of fact remain that could lead to plaintiff''s successful challenge of TDCJ's policy that prevents Odinists from assembling for religious services in the absence of an outside volunteer and its policy that prevents Odinists from personally possessing runestones and accessing rune literature .

Recent Articles Of Interest

From SSRN:

• Ran Hirschl, The Theocratic Challenge to Constitution Drafting in Post-Conflict States, (William & Mary Law Review, Vol. 49, No. 4, 2008 ).
• Catherine J. Ross, Children and Religious Expression in School: A Comparative Treatment of the Veil and Other Religious Symbols in Western Democracies, (May 25, 2008).
• Vincent Martin Bonventre, The Fall of Free Exercise: From 'No Law' to Compelling Interests to Any Law Otherwise Valid, (Albany Law Review, Vol. 70, No. 4, 2007).
• Thom Brooks, The Capabilities Approach, Religious Practices, and the Importance of Recognition, (May 27, 2008).
• Samuel Moyn, Jacques Maritain, Christian New Order, and the Birth of Human Rights, (May 1, 2008).
• John E. Taylor, Why Student Religious Speech is Speech, (West Virginia Law Review, Vol. 110, No. 1, 2007).

From SmartCILP:

• Phillip C. Aka, Assessing the Constitutionality of President George W. Bush's Faith-Based Initiatives, 9 Journal of Law In Society 53-110 (2008).
• Symposium. Fifteenth Annual Society of Catholic Social Scientists Meeting. 47 Journal of Catholic Legal Studies 1-190 (2008).

Christian Students' Suit Against Washington School Settled

Alliance Defense Fund announced last Thursday that it had reached a settlement with Washington state's East Valley School District in a suit ADF had filed in March challenging East Valley High School's refusal to allow a group of Christian students to meet in an empty room during lunch hour. (See prior posting.) The Notice of Voluntary Dismissal says that school officials have decided to allow the students to meet on the same terms as other groups. The school also changed its policy that prohibited “[r]eligious services, programs or assemblies . . . in school facilities” so that it clearly applies only to school-sponsored religious programs not to private religious speech.

Preachers Told Not To Proselytize In Muslim Area of British City

London's Daily Mail today reports that two Christian preachers say the West Midlands Police in the British city of Birmingham violated their freedom of expression protected by the Human Rights Act. A Muslim police community support officer ordered the preachers to stop handing out Bible extracts in a Muslim area of the city. He told Americans Arthur Cunningham and Joseph Abraham that it was a hate crime to try to convert Muslims to Christianity. The preachers are demanding an apology and compensation, or else they threaten to sue. West Midlands police say the officer acted with good intentions in diffusing a heated argument between two groups of men. The incident arises as some are expressing increased concern over supposed Islamic "no-go areas."

Court Dismisses Free Exercise Claims Against Private Actors

In Palm v. Sisters of Charity Health System, 2008 U.S. Dist. LEXIS 42287 (D ME, May 29, 2008), a Maine federal magistrate judge recommended dismissal of a claim that doctors were discriminating against believers in the "Bible Code" when they involuntarily committed plaintiff to a private hospital. The court said that claims of a conspiracy to violate free exercise rights brought under 42 U.S.C. 1985(3) and 42 U.S.C. 1986, as well as civil rights claims under 42 U.S.C. 1983, should be dismissed because defendants are not state actors.

Kuwait MPs Protest Women Cabinet Members Not Wearing Headscarves

AP reported yesterday that nine Islamic members of Kuwait's newly-elected Parliament walked out in protest when two women Cabinet members being sworn in were not wearing headscarves or the long dresses that Islamists say are religiously required. The nine men returned after Modhi al-Homoud and Nouria al-Subeih took their oaths of office. Now 24 of the 50 members of Kuwait's Parliament are religious hard liners.

Saudi Law Could Sentence Man To Death For Profanity

The Los Angeles Times reported last week that in Jidda, Saudi Arabia, a Turkish barber who cuts hair in the city has been in jail for 13 months for using a profanity that takes God's name in vain. Sabri Bogday cursed during an argument with a neighbor. The neighbor reported Bogday to the police. While Turkey's president Abdullah Gul has sought Bogday's release, some Saudi judges consider his offense to be heresy and infidelity, punishable by death. Other judges however treat this merely as disbelief which allows the offender to obtain release by retracting what he has said and repenting.

UPDATE: A different Turkish barber, Ersin Taze, who was arrested by Saudi authorities over a month ago for slandering the Prophet Muhammad, has been released. M&C (June 5) reports that the Turkish Ambassador to Saudi Arabia Naci Koru, said that a Saudi court dismissed the case for lack of evidence.

Times Public Editor Says Columnist Was Wrong On Obama As Apostate

Today's New York Times carries a piece by Public Editor Clark Hoyt criticizing a May 12 op-ed by Edward N. Luttwak titled President Apostate? The Public Editor wrote:

ON May 12, The Times published an Op-Ed article by Edward N. Luttwak, a military historian, who argued that any hopes that a President Barack Obama might improve relations with the Muslim world were unrealistic because Muslims would be “horrified” once they learned that Obama had abandoned the Islam of his father and embraced Christianity as a young adult.

Under “Muslim law as it is universally understood,” Luttwak wrote, Obama was born a Muslim, and his “conversion” to Christianity was an act of apostasy, a capital offense and “the worst of all crimes that a Muslim can commit.”

..... Did Luttwak cross the line from fair argument to falsehood? Did Times editors fail to adequately check his facts before publishing his article? Did The Times owe readers a contrasting point of view?

I interviewed five Islamic scholars, at five American universities, recommended by a variety of sources as experts in the field. All of them said that Luttwak’s interpretation of Islamic law was wrong.

Yuma Church Sues Over Zoning Denial

Last week in Yuma, Arizona, a federal lawsuit was filed challenging the denial of a conditional use permit to Centro Familiar Cristiano Buenos Nuevas Christian Church that wished to operate in the city's Old Town Historic Zoning District. Last Thursday's Yuma Sun reports that the permit was denied after opponents expressed concern about the impact the church would have on the redevelopment of the area. The complaint (full text) alleges: "The City of Yuma Planning & Zoning Commission denied the application because the Church, as a religious assembly, did not fit within its concept of a use that would promote economic growth in the downtown area. The Plaintiffs have brought this suit because Yuma’s denial violates the federal Religious Land Use and Institutionalized Persons Act, several provisions of the federal Constitution, and Arizona’s Religious Freedom Restoration Act." In a release on the case, Alliance Defense Fund says :"The zoning code at issue allows membership groups and theaters to locate in the district while specifically excluding religious organizations."

US Marine Removed After Proselytizing Muslims In Fallujah

The AP reported yesterday that a Marine in Iraq was removed from duty after it was disclosed that he had passed out coins promoting Christianity to Sunni Muslims in the strongly religious city of Fallujah. One side of the coin read: "Where will you spend eternity?" The other side read: "For God so loved the world, that he gave his only begotten Son, that whosoever believeth in him should not perish, but have everlasting life. John 3:16." The incident could heighten tensions over a proposed long-term security agreement between the U.S. and Iraq. Sheik Abdul-Rahman al-Zubaie criticized the Marine's actions, saying: "This event did not happen by chance, but it was planned and done intentionally. The Sunni population cannot accept and endure such a thing. I might not be able to control people's reactions if such incidents keep happening." [Thanks to Scott Mange for the lead.]