White House Hosts Conference On Faith-Based Initiative

Yesterday and today the White House is hosting the "Innovations in Effective Compassion" National Conference, a meeting of over 1000 people interested in the federal Faith Based and Community Initiatives. In anticipation of the conference, OFBCI director, Jay Hein, held a press briefing (full text). Responding to a question about church-state issues raised by the program, Hein said:

I think really one of the stellar achievements of this initiative is that we've clarified ... what is allowable and what is not allowable, according to the First Amendment.... the President felt very strongly that it was wrong to just artificially close the door for those who were motivated by their private faith to perform a public service -- if they were creating these housing solutions for the homeless, and other important community outcome.

At the same time, we know that the First Amendment prohibits establishment of church, and so the President said very clearly that tax dollars are not to be used for spiritual mission -- only for secular mission; only for community service mission.

Yesterday as President Bush addressed the conference (full text of remarks), the White House issued a Fact Sheet on the Initiative. The President summarized the achievements of OFBCI:

we have helped level the playing field for faith-based groups and other charities -- especially small organizations that have struggled to compete for funds in the past. We've educated religious groups about their civil rights. We've made the federal grant application process more accessible and transparent. We've trained thousands of federal employees to ensure that government does not discriminate against faith-based organizations. We've ensured that these groups do not have to give up their religious character to receive taxpayer money.

The Justice Department has also released the text of Attorney General Michael B. Mukasey's remarks prepared for the conference. Describing the reexamination of federal policy represented by OFBCI, he said in part:

The Department of Justice has played, and will continue to play, a major role in that reexamination. In doing so, we built upon the principles behind Congress’s Charitable Choice laws and the Supreme Court’s First Amendment jurisprudence: that government must respect the essential character of faith-based providers; that no one needing help may be turned away because of his or her religion and that no one may be forced into religious practices; and that directly-awarded government funds must be spent on social services, not on religion.

UPDATE: Jim Towey, former director of the White House Office of Faith-Based and Community Initiatives,writes a column in the June 28 Washington Post setting out questions on the future of the faith-based initiative that he believes should be asked of the Presidential candidates.

Group Challenges July 4 Religious Broadcast Interview With Army General

Yesterday's Kansas City Star reported that the Military Religious Freedom Foundation is objecting to a portion of a program scheduled to be re-broadcast on July 4 and 5 on the Trinity Broadcasting Network. MRFF says that 20 minutes of the 2-hour "Red, White and Blue Spectacular" starring Christian singer and evangelist Carman may violate a prohibition against uniformed military officers endorsing specific religions. The program, originally produced in 2003, includes an interview with Army Lt. Gen. Robert L. Van Antwerp, in uniform, introduced as president of the Officers Christian Fellowship and talking in part about his Christian religious faith. MMRF has posted online a video of the relevant portion of the broadcast.

Borough To Sue Churches Over Cemetery Upkeep

The Borough Council in Palmyra, Pennsylvania voted Monday night to file suit in Lebanon County (PA) Court against two local churches in order to determine who is responsible for the upkeep of a local cemetery. The Harrisburg (PA) Patriot-News yesterday reported that Palm Lutheran Church and Trinity United Church of Christ, congregations that cared for the cemetery for 140 years, now disclaim ownership and say the borough should care for the cemetery that contains about 1,000 graves.

Court Hears Arguments on Restraining Order Barring Boy From Services

In Todd County Minnesota District Court, a hearing was held on Tuesday on a temporary restraining order that had been obtained by St. Joseph’s Catholic Church in Bertha (MN) to prevent congregant Carol Race from bringing her severely autistic 13-year-old son to church for Mass. Today's Wadena (MN) Pioneer Journal reports on the proceedings. The church alleged that Adam Race has engaged in highly disruptive conduct during services, including spitting, urinating, hitting a child and running out of church. The restraining order was obtained under Minn. Criminal Code, Sec. 609.748 allowing a person who is a victim of "harassment" to obtain a restraining order. Harassment is defined, in part, by the statutes as: "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect ... on the safety, security, or privacy of another."

Carol Race, representing herself in court, denies that her son's conduct was disruptive, and argues that the harassment statute unconstitutionally infringes on her son's right to assemble in a public place. The church argues that the parish has the authority to determine who comes onto its property. It also asserts that as a religious corporation it has exclusive authority to decide how its liturgy and religious business is conducted. Thomas Janson, attorney for St. Joseph's Church, argued that requiring the church to allow Adam Race in services would violate the church's free exercise rights protected by the U.S. and Minnesota constitutions.

ACLU Presses Naval Academy on Mealtime Prayer

Today's Baltimore Sun reports that the ACLU of Maryland is renewing pressure on the U.S. Naval Academy to end its long-standing practice of having one of its chaplains lead prayer before midshipmen eat their noon meal. Students stand at parade rest, and are asked (but not required) to bow their heads during the prayer. After receiving complaints from nine students, the ACLU wrote the Academy last month, saying in part: "The government should not be in the business of compelling religious observance, particularly in military academies, where students can feel coerced by senior students and officials and risk the loss of leadership opportunities for following their conscience." In a statement yesterday, Cmdr. Ed Austin said the Academy does not intend to change its practice, and is coordinating a response to the ACLU with the Department of the Navy. (See prior related posting.)

Tajikistan's Last Synagogue Destroyed In Urban Renewal Project

Truth News and Forum 18 this week both report on the destruction in Dushanbe, Tajikistan of the country's only remaining synagogue. This culminated legal steps begun in 2003 to clear land for construction of a new presidential complex, the Palace of the Nation. Last April, the Administrative Court of Dushanbe's Ismoiliy Somoniy District ruled that the synagogue must vacate its building. The building, which was nationalized by the Soviet Union in 1951 was being used free of charge under an agreement with the government signed in 1980. (Forum 18, May 2008). Apparently the community was offered land at the far edge of the city where it could build a new synagogue at its own expense-- something the Jewish community could not afford. When the synagogue destruction became inevitable, the Jewish community asked to be allowed to dismantle the building itself, but the remaining wall was bulldozed by the government when it became dissatisfied with the speed of the Jewish community's work. The loss of the synagogue has resulted in an end of Jewish worship services and of the Jewish community's food program for the poor and elderly. The Nani-Hayat (Bread of Life) Protestant Church is apparently next on the list to be torn down in the urban building project.

Justice Official Awarded Grant To Former White House Faith-Based Official

ABC News reported on Tuesday that the Department of Justice, under pressure from two senior Bush administration appointees, awarded a $1.2 million grant to an evangelical group and its consultant, a former White House official in the Office of Faith Based and Community Initiatives. The grant went to Victory Outreach and to a consulting firm run by Lisa Trevino Cummins who previously led Hispanic outreach for the White House's OFBCI. Career Justice Department staff questioned Victory Outreach's qualifications for the grant and thought the one-third going to Cummins for consulting was excessive. Ultimately Victory Outreach rejected the grant after its board decided it was too large a project to handle. The grant was awarded by J. Robert Flores, the Administrator of the DOJ's Office of Juvenile Justice and Delinquency Prevention. He is currentyl under investigation by the DOJ's Inspector General.

Reacting to the report (press release), Interfaith Alliance president C. Welton Gaddy said: "This incident of cronyism removes all doubts that the real mission of the faith-based initiative is to aid the Religious Right." [Thanks to Blog from the Capital for the lead.]

NY High Court Finds No Fiduciary Breach In Rabbi's Affair With Congregant

In Marmelstein v. Kehillat New Hempstead: The Rav Aron Jofen Community Synagogue, (NY Ct. App., June 25, 2008), New York's high court rejected a breach of fiduciary duty claim asserted against a well known Orthodox rabbi by a woman with whom he had a 3 1/2 year sexual relationship. Adina Marmelstein sued Rabbi Mordecai Tendler and his synagogue, claiming that when she came to Tendler for counselling, he suggested that having sex with him would "open her up to the world" and make her more attractive to men. The court's unanimous decision said:

Allegations that give rise to only a general clergy-congregant relationship that includes aspects of counseling do not generally impose a fiduciary obligation upon a cleric....

Although she contends that Tendler's ulterior motive for inducing the sexual relationship was the fulfillment of his own gratification, rather than the achievement of Marmelstein's goals, Marmelstein has shown only that she was deceived by Tendler, not that she was so vulnerable as to surrender her will and capacity to determine her own best interests. In the absence of a prima facie showing that a fiduciary obligation was owed by Tendler, no cause of action can be maintained for an extended voluntary sexual affair between consenting adults, even if Marmelstein could prove that her acquiescence was obtained through lies, manipulation or other morally opprobrious conduct (see Civil Rights Law § 80-a).

Yesterday's Newsday reported on the decision. [Thanks to J.J. Landa for the lead.]

Bush Meets With Vietnamese Prime Minister; Discusses Religious Freedom

President George W. Bush met at the White House yesterday with visiting Vietnamese Prime Minister Nguyen Tan Dung. In remarks (full text) after their meeting in the Oval Office, Bush said in part: "We talked about freedom -- religious and political freedom, and I told the Prime Minister that I thought the strides that the government is making toward religious freedom is noteworthy. And I appreciated the efforts that he and his government are making." NPR yesterday reported on the continuing concerns about Vietnam's human rights record. As reported by Reuters, in May the U.S. Commission on International Religious Freedom recommended that Vietnam be placed back on the list of "countries of particular concern" because of infringements on religious freedom. (See prior posting.) In 2006, the State Department took Vietnam off that list. (See prior posting.)

County Seeks State Department Views On Saudi Academy

The Fairfax County (VA) Board of Supervisors has voted to renew the lease of a former county high school building for another year to the controversial Saudi Academy, but subject to State Department approval. On Tuesday, NBC4 and the Washington Post reported that in a letter to Secretary of State Condoleezza Rice, the Board wrote: "As a local governmental entity, Fairfax County is not capable of determining whether textbooks, written in Arabic, contain language that promotes violence or religious intolerance, or is otherwise offensive to the interests of the United States." The Academy, operated by the Saudi government, has been strongly criticized by the U.S. Commission on International Religious Freedom that has pressed allegations regarding textbooks used in the school. (See prior posting.)

Lawsuit Challenges Georgia Restrictions On Sex Offenders As Church Volunteers

The Southern Center for Human Rights filed a federal lawsuit yesterday seeking a preliminary injunction to prevent implementation of an amendment to Georgia's sex offender law (GCA 42-1-15) scheduled to take effect July 1. The new law prohibits anyone required to register as a sex offender from volunteering at any church (in addition to the previously enacted ban on church employment of such individuals). The Motion for Preliminary Injunction (full text), claiming free exercise and due process violations, alleges:

The new statute ... intrudes upon core church functions and decisions. Under SB1, people on the registry cannot follow their faith's commandments to perform good works. And, despite a religious organization's own desires and decisions, it may not ever employ a person on the sex offender registry or ask such a person t volunteer as a choir member, serve on a church committee, or perform any other function. Even helping a pastor with Bible study or preparing a meal in a church kitchen will subject people on the registry to prosecution and imprisonment.

Plaintiffs also filed a Brief in Support of the Motion. The SCHR press release announcing the lawsuit contains links to other documents in the case as well. AP also reports on the litigation.

NJ Court Says Charitable Immunity Bars Slip & Fall Suit By Mother of Member

In Patterson v. Liberty Corner Presbyterian Church, (NJ App., June 24, 2008), the New Jersey Superior Court Appellate Division decided that the state's charitable immunity statute protects a church against a lawsuit by a non-member whose 17-year old son was a member and regularly attended Bible study at the church. Plaintiff Joan Patterson slipped on ice in the driveway of the church youth director's house while picking up her son from a youth meeting. The court held that plaintiff was a beneficiary to some degree of the works of the church by reason of her son's attendance, and so was barred from recovery by NJSA 2A-53A-7. Newsday yesterday reported on the court's 2-0 per curiam decision.

Amici File Briefs In "Seven Aphorisms" Case

In the past week, around a dozen amicus briefs have been filed with the U.S. Supreme Court in the case of Pleasant Grove City, UT v. Summum. (Links to full text of most of the briefs.) In the case, the 10th Circuit held that members of the Summum faith could put up a monument of their Seven Aphorisms in a city park that already featured a number of historical displays as well as a 10 Commandments monument donated by the Fraternal Order of Eagles. (See prior posting.) A joint brief (full text) for five groups supporting separation of church and state argues that the Court of Appeals erred in treating the case as a free speech case instead of one raising Establishment Clause issues. (ADL press release; AU press release.) A brief (full text) filed by Liberty Counsel argues that the city did not open a forum for everyone wishing to display a monument in the public park. (Press release).

Dobson Sharply Attacks 2006 Obama Speech

Yesterday, according to CNN, evangelical leader James Dobson used his radio show to sharply attack a speech made two years ago by Barack Obama. At issue was Obama's keynote address to the liberal Christian group Call to Renewal. (Full text of address.) In the long speech, Obama focuses on how religious people can bring their beliefs into public policy debates. Dobson accused Obama of using that speech to "deliberately distort... the traditional understanding of the Bible to fit his own world view, his own confused theology," saying that Obama is "dragging biblical understanding through the gutter." Here are links to audio of Dobson's full broadcast in which he refers to some of Obama's remarks as a "fruitcake interpretation of the Constitution." Obama, in turn, took issue with Dobson's criticisms. (AP).

University of South Carolina Settles Student Funding Litigation

A settlement has been reached in Christian Legal Society v. Sorenson, a case challenging the University of South Carolina's refusal to provide funding from student activity fees for recognized student religious groups. (See prior posting.) In Memorandum of Understanding signed June 20 (full text), USC agreed to revise University and student government policies to permit student religious groups to participate on an equal footing with other student groups in receipt of student funds. In turn, the Christian Legal Society agreed to drop its lawsuit without prejudice. An Alliance Defense Fund press release discusses the settlement. [Thanks to Isaac Fong for the lead.]

Israeli Chief Military Rabbi Given Sensitive Task As To Kidnapped Soldiers

The Chief Rabbi of the Israel Defense Forces, Brig. Gen. Avichai Ronski finds himself in the middle of a highly charged political situation. In July 2006, two IDF soldiers were kidnapped by Hizbullah in a cross-border raid from Lebanon. (Background.) Ever since, the fate of Sgt. Ehud Goldwasser and St.-Sgt. Eldad Regev has captured the attention of the Israeli public. Now amidst reports that a deal between Israel and Hizbollah relating to the two soldiers is in the offing, Rabbi Ronski has been given the task of deciding whether there is enough evidence to declare that Regev and Goldwasser-- currently listed as missing in action-- can be presumed dead.

Arutz Sheva reported yesterday that the IDF Chief Rabbi, as the military's highest religious authority, is generally the one given this task-- usually after intelligence services have concluded that individuals are not alive. However, Ehud Goldwasser's family may petition the High Court of Justice to prevent the IDF from beginning the process of determining whether the men should be classified as dead. Meanwhile, Haaretz says the fact that the men's files have been turned over to the Chief Rabbi signals that the deal with Hezbollah will not happen. It reports that intelligence officials object to releasing terrorist Samir Kuntar as part of the deal without resolution of the fate of a third missing Israeli, airman Ron Arad.

Michigan Supreme Court Will Not Review Witness' Religious Rights In Being Sworn

The Michigan Supreme Court in Donkers v. Kovach, 2008 Mich. LEXIS 1182 (MI Sup. Ct., June 13, 2008), denied leave to appeal a decision upholding the right of a witness to refuse for religious reasons to raise her right hand when being sworn in. (See prior posting.) However three judges dissented. In an opinion by Judge Markman they said: "plaintiff offered no explanation for her refusal to act in accord with the law other than vaguely claiming that she holds contrary 'religious beliefs'.... Even if factual developments established this as a bona fide "free exercise" claim, I would still not affirm the Court of Appeals, but rather would grant leave to appeal to determine under what standard such claims are to be evaluated in Michigan...."

6th Circuit Reverses Dismissal of Campus Evangelist's Claims

In Gilles v. Garland, (6th Cir., June 18, 2008), the U.S. 6th Circuit Court of Appeals vacated the lower court's dismissal of claims by Christian evangelist James Gilles who was was denied permission to continue a speech at Ohio's Miami University campus. University policy permitted him to speak only if he obtained an invitation or sponsorship from a recognized student organization. The court held that while this requirement "is nominally unambiguous ..., it includes no standards by which student groups are to judge requests in discharging the authority delegated them by the university... [and therefore] is facially vulnerable to due process challenge." The court also reversed the lower court's dismissal of Gilles free speech claim, holding that "we are loath to conclude that plaintiff undoubtedly can prove no set of facts consistent with his allegations that would entitle him to relief." A concurring opinion by Judge Moore argued that the majority did not need to reach the question of whether open areas on campus are limited public forums. The majority held that they are. (See prior related posting.)

U.S. Muslims Frustrated With Obama's Distance From Them

Today's New York Times reports that Muslim voters are disappointed at Barack Obama's hesitancy to reach out to Muslims. While Obama has spoken at churches and synagogues, he has not visited any mosques. He also asked Representative Keith Ellison, the country’s first Muslim congressman, to cancel a speech supporting him scheduled before the Iowa primary last December in a mosque in Cedar Rapids, Iowa. Muslims are also frustrated that while Obama keeps denying rumors that he is a Muslim, he has never said that there is nothing wrong with being a Muslim.

UPDATE: Last Saturday's Wall Street Journal carried an article on the same topic.

Israel High Court Refuses To Block Jerusalem Gay Pride Parade

Israel's High Court of Justice on Monday refused to block the gay pride parade scheduled to be held in Jerusalem on Thursday. YNet News reported yesterday that Jerusalem Mayor Uri Lupolianski had urged the court to ban the parade, saying: "Past experience shows that the parade greatly offends, deliberately and unnecessarily, the feelings of Jews, Muslims and Christians, who view its sheer existence, and the blatant manner in which it takes place, as a desecration of the holy city and of the values with which they were raised." However the court said that parade participants do not plan on provoking Jerusalem residents in any way. Haaretz, also reporting on the court's decision, said: "protests against the Gay Pride parade will be far less substantial than in previous years, especially because of the religious community's understanding that it is precisely their protest that grants so much publicity to the event and exposes their youth to the gay/lesbian community."

Consultant Sues Wisconsin Diocese After Pressure To Turn Over Confidential Data

Last Friday's Madison (WI) Capital Times reported on a lawsuit that was filed earlier this month in Dane County Circuit Court against the Catholic Diocese of Madison by Phoenix Fundraising Counsel of Madison. The lawsuit claims that the Diocese has failed to pay Phoenix $350,000 it owes for the firm's survey work in connection with a planned capital campaign to build a new cathedral. The paper reports that conservative Bishop Robert Morlino tried to pressure Phoenix CEO John Richert to turn over the names of priests who, in the survey, expressed concerns or complained about Morlino. Phoenix refused because it had promised confidentiality to those who participated in the survey.

Pew Forum Issues New Report On Religious Views of Americans

Today's New York Times reports on the Pew Forum's new U.S. Religious Landscape Survey. It finds that "most Americans have a non-dogmatic approach to faith. A majority of those who are affiliated with a religion, for instance, do not believe their religion is the only way to salvation." This report on Religious Beliefs and Practices/ Social and Political Views is the second to come out of data collected last year in a survey of 35,000 Americans.

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.