Recent Prisoner Free Exercise Cases

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 46639 (WD WI, June 13, 2008), a Wisconsin federal district court stayed a decision on whether a prisoner could proceed with a RUIPA claim while he supplements his complaint to identify his religion, the religious item he claims to have been denied, and its relationship to his religious practice.

In Harvey v. Adams County Sheriff's Office, 2008 U.S. Dist. LEXIS 46390 (D CO, June 4, 2008), a Colorado federal magistrate judge ruled that a material factual dispute exists over whether an institution's vegetarian diet met a Muslim prisoner's religious needs. He also found that defendants did not show it was reasonable to deny Muslim inmates access to the institution's kosher diet-- in the absence of available Halal food. Plaintiff's rights under the 1st Amendment, RLUIPA and the equal protection clause were not violated, however, when officials failed to provide him a copy of Hadith -- a religious book or hold Muslim religious services.

In Tafari v. Annetts, 2008 U.S. Dist. LEXIS 45901 (SDNY, June 12, 2008), a New York federal magistrate judge recommended granting of summary judgment to defendants in a case in which a prisoner asserted violations of his rights when he was denied kosher meals on four occasions during his transfer between institutions. The court also rejected his claim that his request to transfer institutions was denied on racial grounds. [Corrected].

In Sacred Feather v. Merrill, 2008 U.S. Dist. LEXIS 47544 (D ME, June 19, 2008), a Maine federal magistrate judge, after having earlier dismissed some of plaintiffs' claims for failure to exhaust administrative remedies (2008 U.S. Dist. LEXIS 47543), recommended that summary judgment be entered for defendant on claims by Native American prisoners regarding a shelter for their ceremonies, the right to have pow wows and feasts, the availability of a sweat lodge, and an entitlement to more funding. Much of the opinion criticizes counsel on both sides for their scanty presentation of facts and legal arguments.

Odinists Win Right To Group Worship In Prison

In an interesting prisoner free-exercise decision, an Indiana federal district court has ruled that the Indiana Department of Correction's policy banning all group worship for Odinists violates RLUIPA. In Hummel v. Donahue, 2008 U.S. Dist. LEXIS 47534 (SD IN, June 19, 2008), the court held that while the interest in maintaining safety and security is compelling, prison officials must do more than speculate that a religious practice will lead to problems. Here officials were concerned that white supremacists would claim to practice Odinism, but presented no concrete evidence to support this. Secondly, there were less restrictive alternatives than totally banning group worship. These included pre-approved scripts for worship services, increased training for correctional officers, pre-approved volunteers from outside to lead services, and research into solutions found by other prison systems. The court gave defendants 60 days to put a new policy for group worship by Odinists into place.

Church Sites Important In Success of Federal Fugitive Surrender Program

The Cleveland Plain Dealer reported yesterday that the success of Fugitive Safe Surrender programs is due in large part to the use of churches as surrender sites. Operated by the U.S. Marshals Service, the program "encourages persons wanted for non-violent felony or misdemeanor crimes to voluntarily surrender to the law in a faith-based or other neutral setting." A study by researchers at Kent State University to be released this week finds that 80% of those who surrendered say having the site at a church played an important role in their decision. An article in the Spring 2008 Kent State Magazine explores further the motivations of individuals who gave themselves up through the program.

Wrongful Death Suit Over Death of Jehovahs' Witness Girl Dismissed

In Canada, the Alberta Court of Queen's Bench in Calgary has dismissed most of the claims in a wrongful death suit by the father of a Jehovah's Witness girl who died from lukemia in 2002. Canwest News Service reported Saturday on developments in the suit by Lawrence Hughes against the the Watch Tower Bible and Tract Society of Canada and two lawyers who had represented his daughter Bethany. After Bethany became ill, Hughes changed his religious views and fought to get her medical treatment. Eventually a court ordered blood transfusions, over Bethany's objections. The lawsuit claimed in part that Bethany's lawyers gave her inaccurate information about treatment of her condition, and that they had a conflict of interest because Watch Tower Society was also their client. In dismissing the claims, the court said Hughes, who is appearing pro se, had little chance of success.

Legal Maneuvering Goes On In Suits Involving FLDS Trust

Yesterday's Deseret News reports that legal maneuvering continues regarding the United Effort Plan Trust (UEP), the body holding real estate of the Fundamentalist LDS Church. In 2005, a Utah court took control of the trust from former FLDS leader Warren Jeffs, reformed it, and appointed a special trustee to oversee it. (See prior posting.) Elissa Wall, a former FLDS member who testified against FLDS leader Warren Jeffs, has sued FLDS and the Trust alleging that when she was 14, they coerced her to marry her 19-year old cousin. The current UEP has asked the court to dismiss it as a defendant in Wall's lawsuit, saying it is not liable for actions of the old UEP trustees. Meanwhile UEP is still trying to get information about the management of the old UEP, and has subpoenaed documents taken in the recent raid of the FLDS Ranch in Texas, seeking information on FLDS assets that the Trust could recover.

Recently Available Scholarly Article of Interest

From SSRN:

• Lawrence McNamara, Catch the Fire Ministries v. Islamic Council of Victoria: Religious Vilification Laws in the Victorian Court of Appeal (30 March 2007).
• Patrick Parkinson, Religious Vilification, Anti-Discrimination Laws and Religious Minorities in Australia: The Freedom to Be Different, (Australian Law Journal, Vol. 81, No. 12, pp. 954-966, 2007 ).
• David N. Cassuto, Animal Sacrifice and the First Amendment, (in Animal Law and the Courts: A Reader, Taimie Bryant, David N. Cassuto, Rebecca Huss, eds., Thomson West, 2008.)
• Lawrence McNamara, Review of Neil Addison, Religious Discrimination and Hatred Law (Routledge-Cavendish 2007), (6(1) Entertainment and Sports Law Journal (2008)).

From SmartCILP:

• Jennifer S. Evans-Cowley & Kenneth Pearlman. Six Flags Over Jesus: RLUIPA, Megachurches, and Zoning, 21 Tulane Environmental Law Journal 203-232 (2008).
• Pamela S. Karlan, Harris Lecture: Taking Politics Religiously: Can Free Exercise and Establishment Clause Cases Illuminate the Law of Democracy?, 83 Indiana Law Journal 1-20 (2008).
• Ashira Pelman Ostrow, Judicial Review of Local Land Use Decisions: Lessons from RLUIPA, 31 Harvard Journal of Law & Public Policy 717-760 (2008).
• Steven G. Calabresi, Render Unto Caesar That Which Is Caesar's, And Unto God That Which Is God's, Harvard Journal of Law & Public Policy 495- 504 (2008).

Grand Jury To Meet In FLDS Case; Jeff's Daughter May Testify

In Schleicher County, Texas tomorrow a grand jury will begin hearing testimony growing out of the state's raid earlier this year on the FLDS Ranch in Eldorado. Yesterday's Dallas News reports that searches on April 3 and 6 netted 1,000 boxes of evidence plus a number of DNA swabs from adult FLDS members. It appears that among the charges that the grand jury will investigate are claims of sexual abuse of minors. In that connection, the Deseret News reports that on Friday court-appointed attorney Natalie Malonis obtained a restraining order from Judge Barbara Walther to prevent FLDS leader Willie Jessop from having contact with her 16-year old client (and the client's mother). The 16-year old is a daughter of former church leader Warren Jeffs.

Attorney Malonis claims the girl is a victim of sexual abuse, and that Jessop is trying to coerce her to avoid a subpoena to testify to the grand jury. However on Thursday the girl wrote Judge Walther saying that she was not a victim of sexual abuse and is not pregnant. Church leader Jessop says that the court should appoint a guardian ad litem for the girl to argue in favor of the FLDS lifestyle. Attorney Rod Parker, who often speaks for FLDS, argued that the girl needs a new attorney because Malonis has a "dysfunctional relationship" with his client. (See prior related posting.)

9th Circuit Again Rejects Challenge To Cal State's Religious Studies Courses

In Lafreniere v. Board of Trustees of the California State University, (9th Cir., June 17, 2008), the U.S. 9th Circuit Court of Appeals summarily dismissed a claim that Cal State's use of taxpayer money to fund certain religious studies classes violates the Establishment Clause and California's False Claims Act. It concluded that the issues raised in the pro se appeal are identical to those it rejected in a 2006 decision.

Court Rejects Challenges To Permit Requirement For Homeless Shelter

In Family Life Church v. City of Elgin, 2008 U.S. Dist. LEXIS 47210 (ND IL, June 18, 2008), an Illinois federal district court rejected a series of challenges by Family Life Church to Elgin, Illinois requirement that it obtain a conditional use permit in order to operate a homeless shelter in its church building. It was eventually granted a permit, but sued challenging the 8-month delay it faced as well as the permit requirement. The court rejected the Church's free exercise and RLUIPA challenges, finding that "Elgin's zoning ordinances are facially neutral and generally applicable and ... have not saddled Family Life with a substantial burden." It also rejected the Church's Equal Protection challenge and its challenge under the "equal terms" and the "unreasonable limitations"provisions of RLUIPA. It rejected the challenge by a homeless man, also a plaintiff, to limitations on the length of time those from outside the city could stay at the shelter. Finally it rejected the Church's state RFRA claim and the homeless plaintiff's infliction of emotional distress claim.

Court Says Virginia's RFRA Only Applies In Suit Against Government

In the widely followed litigation between eleven break-away congregations and the Episcopal Diocese of Virginia, a state trial judge has ruled that Virginia's Religious Freedom Restoration Act is irrelevant to the case. In In Re: Multi-Circuit Episcopal Church Property Litigation, 2008 Va. Cir. LEXIS 49 (Cir. Ct., May 12, 2008), the court held that Va. Code Ann. § 57-2.02 only applies to lawsuits against governmental entities, not to a suit between two private parties. The holding came in a decision refusing to permit the Episcopal Church and the Diocese of Virginia to amend their previously filed answers in the lawsuit. The decision preceded an important May 28 hearing in the case on whether Virginia's post-Civil War "division statute" is constitutional. (See prior posting.)

Anti-Muslim Bias In Western Europe Explored

Writing in today's New York Times Magazine, Noah Feldman writes that in Western Europe, familiar arguments against immigrants "are mutating into an anti-Islamic bias that is becoming institutionalized in the continent’s otherwise ordinary politics." He suggests that:

[E]ven after 60 years of introspection about the anti-Semitism that led to the Holocaust, Europeans are not convinced that culturally and religiously different immigrants should be treated as full members of their societies....

The U.S. had its own terrible legacy of legalized racism... [H]owever, we began slowly and agonizingly to come to terms with this past. Racial bias is still with us, but so is self-consciousness about our problems and how they must be overcome.

In Europe, by contrast, Hitler’s horrifying success at killing so many Jews meant that the burgeoning postwar societies of the continent never had to come to terms with difference, because it was to a great extent eradicated. Today, as the birthrate for European Muslims far outstrips that for their neighbors, it is as if Europe’s discomfort with difference is being encountered for the first time.

Ohio School Fires Controversial Science Teacher

On Friday, the Mount Vernon (OH) City School Board voted unanimously to fire controversial science teacher John Freshwater. (See prior posting.) AP reports that the vote came one day after a consulting firm released its report on Freshwater. The report (full text ) concludes that Freshwater taught creationism or intelligent design in class, told his class that anyone who is gay is a sinner, improperly used an electrostatic device to put a cross on the arm of a student, was excessively involved in the school's Fellowship of Christian Athletes and was insubordinate in failing to remove religious materials when ordered to do so by his principal. [Thanks for leads to Scott Mange and Dispatches from the Culture Wars.]

Sheriff Tells Church Students That God Was Briefer Than the Ohio Revised Code

In Weston, Ohio, Wood County Sheriff Mark Wasylyshyn was invited to be guest speaker at the Church of Christ's Vacation Bible School. His talk, as reported by Friday's Bowling Green (OH) Sentinel-Tribune, raises interesting church-state questions. After talking to the children about safety, the sheriff (apparently in his official uniform) held up a paperback copy of the New Testament and a thick volume of the Ohio Revised Code, telling students that God had been able to do in 10 rules what the state code takes so many more pages to do. He said it would be much simpler if society just had God's 10 rules, so a deputy could pull a driver over and inform him or her which of the commandments he or she had broken. The sheriff gave each child a plastic badge and offered them a copy of the New Testament furnished by the church. [Thanks to Tom Klein for the lead.]

Religious Discrimination Charged In Firing of Apartment Managers

A federal lawsuit charging religious discrimination was filed in Jacksonville, Florida on Friday by a husband and wife who were fired from their jobs as on-site apartment managers at a government-subsidized facility in Lake City (FL). Announcing the lawsuit, a release from Liberty Counsel said that the regional manager of the company that owns the apartments fired the couple because of a large piece of stained-glass artwork hanging on their office wall. The glass-- which had been up for 8 years-- depicted flowers and the words: "Consider the Lilies…Matthew 6:28." The suit alleges that Hallmark Companies' regional manager Christina Saunders told Daniel and Sharon Dixon that they were "too religious". Today's Lake City Reporter also reports on the lawsuit.

Canadian Committee Investigates Pakistan and Indonesia's Persecution of Ahmadis

In Canada last Tuesday, the country's House of Commons Sub-Committee on International Human Rights held a hearing on persecution of the Ahmadiyya Muslim Community in Pakistan and Indonesia. According to a PRWeb story on Thursday, in both countries Muslim hard liners press for prosecution of Ahmadis on the ground that they wrongly refer to themselves as Muslims. The full text of testimony and other submissions to the sub-committee are available online. (See prior related posting.)

Danish Appeals Court Upholds Dismissal of Muslim Lawsuit Against Newspaper

Last Thursday, an appeals court in Denmark affirmed a lower court's dismissal of a defamation lawsuit that had been brought by seven Muslim groups against the newspaper, the Jyllands-Posten. (See prior posting.) The lawsuit was triggered by the paper's printing in 2005 of controversial caricatures of the Prophet Muhammad. Jurist reports that "The Vestre Landsret agreed with the judgment of the City Court of Aarhus that while some Muslims may be offended by the cartoons, they were an exercise in free speech, and there was no reason to believe the editors intended to insult Muslims." Time also reported on the decision. [Thanks to Dispatches from the Culture Wars for the lead.]

In Romania, Priests Try To Unionize

In northeastern Romania, 20 Romanian Orthodox Church priests have formed a labor union to seek higher pay and the right to make decisions without diocesan approval. ENI reported yesterday that the priests have applied to a court in Iasi to register their organization, the Mother of God Protection union. The Bucharest patriarchate opposed the move saying the priests are required to take their grievances to church bodies. In a statement, it said: "The initiatives to set up clergy trade unions are taken by priests tempted by the spirit of rebellion and division, and moving away from church discipline and communion." Priests are paid in part by the Romanian government and in part by local contributions.

Suit Challenges South Carolina's "I Believe" License Plates

On behalf of three ministers, a rabbi and a Hindu organization, Americans United for Separation of Church and State yesterday filed suit in federal court in South Carolina challenging the state's newly authorized "I Believe" specialty license plate. (AU press release.) The complaint (full text) alleges that the plate, featuring a cross superimposed on a stained-glass window along with the motto "I Believe", has the purpose and effect of endorsing the Christian religion in violation of the Establishment Clause of the U.S. and South Carolina constitutions. It also alleges that the new plate amounts to unconstitutional viewpoint discrimination in speech.

According to the complaint, after the legislature passed the bill authorizing the new plates, Gov. Mark Sanford allowed it to become law without his signature, indicating that he would have preferred that the plate have gone through the normal channels of approval by the Department of Motor Vehicles after a request by a private organization for its issuance. However Lt. Gov. Andre Bauer wants to see the plates produced immediately, and so has offered to put up the $4000 normally required as an alternative to 400 prepaid orders needed for a specialty plate. He expects the state will reimburse him once enough plates have been sold. SC Now yesterday reported on the lawsuit.

Pennsylvania Labor Bill Would Protect Lay Teachers In Religious Schools

In Pennsylvania last week, state Rep. Eddie Day Pashinski introduced HB 2626 to extend coverage of the Pennsylvania Labor Relations Act to lay teachers and other lay employees in religious schools. The bill provides that in labor disputes involving a religious organization, the state Labor Relations Board may not define or interpret religious doctrine, but may determine whether religious doctrine is being used as a pretext. Yesterday's Philadelphia Bulletin reports that the bill has 55 co-sponsors. The introduction of the bill follows a controversy over the Diocese of Scranton's including teacher Michael Milz in those who were laid off this year Milz was leading a movement to unionize employees, though the Diocese said this had nothing to do with its decision. The Diocese of Scranton has issued a statement opposing passage of the bill.

Court Says Scheduling Contempt Hearing On Jewish Holiday Did Not Violate Rights

In Segelman v. City of Springfield, (D MA, June 11, 2008), a Massachusetts federal district court rejected Shalom Segelman's claim that the city of Springfield, Massachusetts violated his free exercise, equal protection and due process rights when it "insisted" that a contempt proceeding against him go forward in state Housing Court on a Jewish holiday. The court said that the decision on the hearing date was made by the judge, not the city, and that failure to accommodate Segelman's holiday observance did not rise to a constitutional violation. The Springfield (MA) Republican reported earlier this month that the case grew out of a long-running attempt by the city to get Segelman to pay for repairs and operational expenses at a condominium complex he managed. Eventually the city closed down the complex for code violations. Segelman's damage suit also claimed that the city violated his civil rights by insisting that he be jailed for contempt at a facility that did not serve kosher food. [Thanks to The Docket for the lead.]

Israel's Justice Minister Wants To Dismiss Rabbinical Judge Who Invalidated Conversions

The London Jewish Chronicle today reports on a new clash in Israel between government and the Orthodox Jewish religious establishment. Controversy has raged over a recent ruling by Israel's Supreme Rabbinical Court that invalidated conversions carried out over the last nine years by the country's special conversion court. (See prior posting.) Now Israel's Minister of Justice, Daniel Friedmann, says he will follow the recommendation of the Judge’s Ombudsman, Tovah Strassberg-Cohen, and fire Rabbi Abraham Sherman, the rabbinical judge who wrote the controversial opinion. Sherman's removal however is likely to be difficult. It must be approved by the Dayanim Appointment Committee which, while co-chaired by Friedmann, has a majority of ultra-Orthodox members.

Large Number of San Diego Employees Opt Out of Performing Gay Marriages

When San Diego County Clerk Greg Smith told employees last month that he would accommodate those who had religious objections to performing gay marriages (see prior posting), he did not expect the response he received. According to yesterday's San Diego Union-Tribune, at least 14 employees have raised religious objections. Smith says that keeping that many employees in their current jobs, but excusing them from performing gay marriages, would "unfairly burden other employees and would directly compromise the services we provide to the public." So Smith told objecting employees that they would have to seek reassignment to a different job in the county. This has led some of the employees to withdraw their objections.

CAIR Wants Indian Official Excluded Because of Religious Persecution

Section 604 of the International Religious Freedom Act (8 USC 1182(a)(2)(G) ) excludes from the U.S. "any alien who, while serving as a foreign government official, was responsible for or directly carried out, at any time, particularly severe violations of religious freedom..." The Council on American-Islamic Relations (CAIR) announced yesterday that it had sent a letter to Secretary of State Condoleezza Rice asking that Narendra Modi, chief minister of India's state of Gujarat, be denied a visa under this provision. Modi wants to attend the second World Gujarati Conference that will be held in Edison, N.J. in August. In 2002, anti-Muslim riots in Gujarat killed more than 1000. It was reported that Modi told officials to let the massacres run their course, calling them an "anticipated Hindu reaction." In 2005, Modi was denied a U.S. visa for a planned speech in Florida.

Blackwater Urges US Court To Apply Afghanistan's Shari'a In Plane Crash Lawsuit

Today's Raleigh News Observer reports on an interesting choice of law argument being raised in in a North Carolina federal district court case. The private military firm Blackwater is being sued by the widows of three American soldiers who died in a plane operate by the Blackwater affiliate, Presidential Airways. Blackwater argues that their claim should be decided using the law of Afghanistan since that is where the plane crash occurred. Afghanistan is governed by Islamic Shari'a law which, according to this report, does not hold a company responsible for the actions of employees performed in the course of their employment.

Ohio Township Says Churches Can Use Park Amphitheater

Miami Township, Ohio trustees have adopted a policy making it clear that churches can use its park amphitheater on the same basis as other non-profit groups. Today's Cincinnati Enquirer reports that the township decided it need a clear policy after the Clermont County (OH) public library was sued for barring use of its meeting rooms for religious events. (See prior posting.) Milford Assembly of God will be the first church to use the amphitheater when its band performs contemporary Christian music at a July 20 service.

Claim That Pollution Infringes Free Exercise Summarily Dismissed

In West v. United States Secretary of Defense, 2008 U.S. Dist. LEXIS 46565 (WD WA, June 13, 2008), a pro se plaintiff challenged various aspects of a dredging project and cargo yard improvements in Olympia, Washington. In the case, a Washington federal district judge summarily dismissed plaintiff's claim that the dredging work caused pollution that violated his "right to life" and therefore his First Amendment free exercise of religion.

Pakistan Court Imposes Death Sentence For Blasphemy, But Execution Unlikely

In Sialkot, Pakistan yesterday, according to the AP, a judge imposed the death sentence on a Muslim man, Shafeeq Latif, for making derogatory remarks about the Prophet Muhammad. Separately Latif was sentenced to life in prison and a fine for desecrating pages of the Quran. Also reporting on the sentence, News.com.au says that while blasphemy convictions are fairly common in Pakistan, death sentences have never been carried out because convictions are usually overturned for lack of evidence. UPI says that after yesterday's verdict, banners and posters went up around Sialkot welcoming the death sentence.

Motion Seeks To Clear Names of Two Islamic Charities

In an unusual motion filed yesterday in federal district court in Texas, the ACLU of Texas is helping two mainstream Muslim charities clear their names. (ACLU press release). In its prosecution of the Holy Land Foundation, the federal government in a pre-trial brief filed last May named the Islamic Society of North America (ISNA) and the North American Islamic Trust (NAIT) as unindicted co-conspirators. Yesterday's motion asks the court to declare the public naming of the charities as unindicted co-conspirators to be a violation of their Fifth Amendment rights and to order expungement of their names from any public document filed or issued by the government that identifies them in this way. Petitioners' Memorandum of Law In Support of Their Motion (full text ) says:

In discussions with petitioners’ counsel ... the government confirmed that it did not believe either ISNA or NAIT had engaged in wrongdoing.... The lead HLF prosecutor explained to petitioners’ counsel that "the government’s public designation of ISNA and NAIT was a legal tactic" intended to permit the introduction of hearsay evidence.

Group Asks Wisconsin Legislature To End Opening Prayers

According to yesterday's Green Bay Press Gazette, the Freedom from Religion Foundation has asked Wisconsin Assembly Speaker Mike Huebsch to end the long-standing practice of opening sessions with prayers. Under current practice, members of the Assembly sign up to either personally lead a prayer or have a constituent do so. FFRF said its review of 16 prayers offered by legislators in the past year found that all but one were overtly Christian, and some were critical of other religions. For example, in one case, Rep. Eugene Hahn prayed: "Those who don’t love us, may God turn their hearts. And, if he doesn’t turn their hearts, may he turn their ankles, so we’ll know them by their limping."

Obama Campaign Apologizes Over Refusal To Seat Muslim Women In TV View

The Barack Obama campaign has apologized to two Muslim women after campaign volunteers refused to seat the women, who were wearing Muslim headscarves, directly behind Obama at a Detroit rally on Monday. Staffers generally pick those who will sit behind the podium, and who will therefore be seen on television in the background as the candidate speaks. CBS News reported yesterday that in both cases, friends of the Muslim women were invited into the special seating, but the women were excluded. One volunteer cited the political climate as the reason that 25-year old lawyer Hebba Aref was not placed where she would be seen while Obama spoke. In the other case, Shimaa Abdelfadeel was told no one could wear a head covering of any kind in the special seats.

Canadian Doctors At Odds With Jewish Family Over Continuing Life Support

Since last November, the family of 84-year Samuel Golubchuck, an Orthodox Jew, has been battling with Canadian doctors over whether Golubchuck should be kept on life support. Doctors want to take him off of life support, but the family says this contradicts their religious beliefs that forbid the hastening of death. In February, a judge ruled that Golubchuck must be kept on life support in a Winnipeg hospital until the case goes to trial. (CTV, Feb. 13). Yesterday, according to CTV, doctors Bojan Paunovic and David Easton became the second and third to refuse continue to work in Grace Hospital's critical care unit in order to avoid what they consider the cruelty involved in keeping Golubchuk alive.

UPDATE: 84-year old Samuel Golubchuk died at Winnipeg's Grace Hospital on June 24, still on life support, before his case went to trial. (CTV.ca).

Science Teacher and School Officials Sued Over Teaching of Religion In Classroom

On Friday, a federal lawsuit was filed against controversial Mt. Vernon, Ohio middle school science teacher John Freshwater. District superintendent Steve Short and middle school Principal William White were also named as defendants in the suit claiming that Freshwater taught religion in his classroom and that school officials failed to discipline him for doing so. According to NBC4i News, the lawsuit alleges that Freshwater displayed the Ten Commandments, religious posters and Bible passages in his classroom, taught intelligent design, and told students that their textbooks contradicted the Bible. The complaint alleges that as advisor to the Fellowship of Christian Athletes, Freshwater participated in meetings and distributed Bibles. It also claims he burned a cross into the arms of two eighth-grade students in 2007. In April, Freshwater's refusal to remove a Bible from his desk in his classroom after being instructed to do so by school officials became the subject of wide media coverage. At that time Freshwater did comply with officials' request to remove the 10 Commandments from his classroom door. (See prior posting.)

Canada's Human Rights Commission Studying Approaches To Internet Hate Speech

Canada's Human Rights Commission is launching a review of how it handles complaints of Internet hate speech, according to today's National Post. In the wake of at least three cases involving complaints by Muslim groups about articles or cartoons appearing online, the Commission has asked University of Windsor Law Professor Richard Moon to conduct the study. Section 13 of the Canadian Human Rights Act defines as a discriminatory practice communication over the Internet of "any matter that is likely to expose a person ... to hatred or contempt ... on the basis of a prohibited ground of discrimination." Critics say the "likely to expose" test is too broad, since it takes account neither of intent nor of truth as a defense. Prof. Moon's study could recommend legal changes or the drafting of guidelines for the Commission to use in such cases. At the same time, an internal study by the Commission will look at investigative methods used by the Commission staff. The Commission has been criticized for staff use of pseudonyms to access and post material on websites under scrutiny.

Church Sues Plano, Texas Over Acreage Requirement for Churches

Yesterday's Plano (TX) Courier Star reports on a lawsuit filed by the 50-member Vietnamese Baptist Church against the City of Plano challenging the Board of Adjustment's denial of an occupancy permit to the church. The city will not permit the church to have electricity and water service at the building it recently purchased for $400,000. While the basis of the denial is not completely clear, apparently the issue is the city's zoning requirement that churches located in residential areas be on at least two acres of land. Filed in state court, the lawsuit alleges that the restriction violates the church's 1st and 14th Amendment rights.

In Russia, Course For Teachers Spreads "Blood Libel"

Two years ago, schools in four areas of Russia began teaching required courses in Fundamentals of Orthodox Culture. (See prior posting.) Last week the Union of Councils for Jews in the Former Soviet Union reported on a troubling series of lectures presented at Tyumen State Oil-Gas University designed to train future teachers of the course. Professor Svetlana Shestakovaya taught students the Jewish blood libel-- the claim that Jews murder Christians to use their blood in making Matzoh. She also described Catholics are "a heresy," Protestants as "pseudo-Christian sects," and said that an "occult, evil spirit" inspired Muhammad to write the Quran.

Pro-Life Pharmacies Are New Trend

Monday's Washington Post reported on a new trend in accommodating the religious concerns of pharmacists-- the opening of "pro-life drug stores" like DMC Pharmacy in Chantilly, Virginia. These pharmacies do not stock some or all forms of contraceptives. Some of them also refuse to sell tobacco, rolling papers or pornography. The Post reports that while California, New Jersey, Illinois and Washington require pharmacies to fill all prescriptions or help women find an alternative source, some states exempt pharmacies that do not generally stock contraceptives. Some women's right advocates are concerned that the growth of this trend, particularly in rural areas, could result in regions where women are not able to obtain prescribed contraceptives anywhere.

Clash Between Religious Liberty and Same-Sex Equality Explored

As gay marriages began to be performed in California yesterday under a recent state Supreme Court ruling (New York Times), commentators focused on the potential clash between religious liberty and equality for gays and lesbians. Yesterday NPR reporter Barbara Bradley Hagerty produced a piece on Morning Edition focusing on the issue-- with special emphasis on the refusal of Ocean Grove, New Jersey's Methodist-run Camp Meeting Association to permit its Pavilion to be used for same-sex wedding ceremonies. In this morning's Los Angeles Times, Marc Stern of the American Jewish Congress published an op-ed piece titled "Will gay rights trample religious freedom?" He writes that while the California Supreme Court insisted that its recent decision would not infringe religious liberty, "there is substantial reason to believe that these assurances ... are either wrong or reflect a cramped view of religion." Meanwhile World Net Daily yesterday carried an article focusing on the same clash in the context of Colorado's new anti-discrimination law, SB 200, that now covers discrimination on the basis of sexual orientation, particularly in public accommodations. The bill was signed by the governor last month.

Louisiana Legislature Passes Controversial Science Education Act

AP reports that the Louisiana Senate yesterday, by a vote of 36-0, passed and sent to the governor for his signature SB 733, the Louisiana Science Education Act. The bill provides that the state board of education shall, upon request from a local school board, assist schools in promoting "critical thinking skills, logical analysis, and open and objective discussion of scientific theories being studied including, but not limited to, evolution, the origins of life, global warming, and human cloning." The bill goes on to provide however that this "shall not be construed to promote any religious doctrine, promote discrimination for or against a particular set of religious beliefs, or promote discrimination for or against religion or nonreligion."

The bill says teachers may use materials to supplement standard textbooks to the extent permitted by the local school board. In a report last week, the Advocate quoted the House sponsor as saying that language added in the House would prevent "any kind of crazy materials from being thrown in there" to supplement textbooks. Americans United last week issued a release saying that if the new law is used to promote religion in Louisiana public schools, it will take legal action. AU fears that supplemental materials used will be anti-evolution books and DVDs created by fundamentalist Christian ministries.

Presumably Gov. Bobby Jindal will sign the bill since he told a Face the Nation interviewer on Sunday that he believes local school boards should decide curricular matters, and that both evolution and intelligent design should be taught. (Full text of interview.) Pressed on his own views on creationism, Jindal said as a Christian, he believes that God played a role in creating the earth and mankind.

UPDATE: Reuters reported on June 27 that Gov. Bobby Jindal signed the Science Education Act into law.

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.