Village Officials Question Conversion of Expensive Home Into a Family Church

In Lake Bluff, Illinois, George Michael says he has converted his $3 million home into a church and has received a state property tax exemption that saves him some $80,000 per year. According to Wednesday's Chicago Tribune, Michael says he was ordained online and began his Armenian Church so his disabled wife would not have to travel to Sunday services. A few close friends and family members apparently attend the church. Last year Michel transferred ownership of the house from his wife's name to the name of the Armenian Church of Lake Bluff, and opened a bank account for the church. Local officials, unhappy about the loss of tax revenue, question whether the residence is really being used as a church. They say if it is, Michael should have obtained a special use permit from the village. Operating without a permit is punishable by a fine of up to $500 per day. The village has sent Michael a bill for $115,000 in fines. It also plans to appeal the state's grant of a tax exemption to Michael.

UPDATE: The July 23 Lake Forester reported that on July 6, an Administrative Law Judge removed the religious tax exemption that had been granted by the Illinois Department of Revenue for the Michael's property.

3rd Circuit Upholds Arrest of Disruptive Protesters At OutFest

In Startzell v. City of Philadelphia, (3rd Cir., July 15, 2008), the U.S. 3rd Circuit Court of Appeals rejected claims by a members of a Christian group, Repent America, that their free speech rights were infringed when they were arrested by Philadelphia police for disorderly conduct and refusal to obey police orders at the gay pride OutFest in 2004. The court also rejected plaintiffs' equal protection, 4th Amendment and conspircacy claims. Repent America, founded by Michael Marcavage, believes that homosexuality is a sin and that "it is their duty to God to warn others about the destructiveness of sin through public proclamation of the gospel of Jesus Christ." The court's majority opinion by Judge Sloviter held:

The right of free speech does not encompass the right to cause disruption, and that is particularly true when those claiming protection of the First Amendment cause actual disruption of an event covered by a permit. The City has an interest in ensuring that a permit-holder can use the permit for the purpose for which it was obtained. This interest necessarily includes the right of police officers to prevent counter-protestors from disrupting or interfering with the message of the permit-holder. Thus, when protestors move from distributing literature and wearing signs to disruption of the permitted activities, the existence of a permit tilts the balance in favor of the permit-holders.

Judge Stapleton concurring argued that police acted properly because police intervened only after a member of Repent America addressed "fighting words" to an OutFest participant. Yesterday's Legal Intelligencer reported on the decision. (See prior related posting.)

Wisconsin High Court: Diocese Had No Duty To Warn Teacher's Future Employers

Hornback v. Archdiocese of Milwaukee, (WI Sup. Ct., July 16, 2008), was an appeal to the Wisconsin Supreme Court in lawsuit against the Archdiocese of Milwaukee and the Diocese of Madison for their negligent failure to warn later employers of that teacher Gary Kazmarek had a propensity to sexually abuse children. Plaintiffs were abused by Kazmarek when he later taught at a Catholic school in Louisville (KY). Plaintiffs' case against the Milwaukee Archdiocese was the stronger of the two because the Archdiocese promised victims' parents that Kazmarek would be sent to treatment and not have future contact with children, and asked parents not to report Kazmarek to police.

The Supreme Court was evenly split as to the claim against the Milwaukee Archdiocese and affirmed the Court of Appeals dismissal of the complaint. As to the Diocese of Madison, the Supreme Court unanimously affirmed the dismissal of the complaint, writing a lengthy opinion. It said in part:

Reasonable and ordinary care does not require the Diocese to notify all potential subsequent employers within dioceses and parochial school systems across the country, along with all parents of future unforeseeable victims. Requiring such notification under these circumstances would create a vast obligation dramatically exceeding any approach to failure to warn recognized either in this state or in other jurisdictions....

[P]laintiffs in this case had virtually no relationship with the Diocese. There are
significant gaps temporally and geographically.... A decision to the contrary would create precedent suggesting that employers have an obligation to search out and disclose to all potential subsequent employers, which could include in an employment context every school in the country or beyond, all matters concerning an ex-employee's history.

Wednesday's Milwaukee Journal Sentinel reported on the decision.

Challenge To Funding of Religious Social Services Dismissed on Standing Grounds

In Freedom From Religion Foundation, Inc. v. Olson, (D ND, July 16, 2008), a North Dakota federal district court dismissed on standing grounds an Establishment Clause challenge to the use of state and county social service funds to pay for the care of children at the Lutheran-sponsored Dakota Boys and Girls Ranch. Plaintiffs claimed that religion was an inherent component of the social services provided by the Ranch. The court dismissed for lack of standing claims brought by plaintiffs both as state and municipal (county) taxpayers. Today's Chicago Tribune reports on the decision. more facts on the underlying allegations are in this prior posting.

Support Urged For Ban On US Recognition of Foreign Blasphemy Judgments

A Becket Fund release reports on remarks yesterday by its international law director, Angela Wu, to the Congressional Human Rights Caucus conference on "Religious Freedom in a Post-9-11 World". She urged support for HR 6146, introduced in May by Rep. Steve Cohen. The bill would prohibit state and federal courts from recognizing defamation judgments of foreign courts if they are inconsistent with the First Amendment. The bill is directed at judgments under blasphemy and hate speech laws around the world that permit defamation actions against those who criticize the beliefs of other religions.

Christian Proselytization Charged At Ohio's Wright Patterson Air Force Base

This week's Dayton (OH) Jewish Observer carries a story on Christian proselytizing in the military at Fairborn, Ohio's Wright Patterson Air Force Base. Mikey Weinstein, president of the Military Religious Freedom Foundation, says he has received more than 100 complaints about activities on the base. In July 2006, a former military contractor charged that staff meetings were opened and closed by Christian prayer, and military trainees were evaluated on whether they enthusiastically participated. Trainees who did not attend Christian prayer services on Sunday received unpleasant alternative assignments. Senior officers, the contractor charged, prayed as an aid in making decisions, and many saw the Iraq war as being religiously motivated. Wright Patterson's public relations office said that while the Air Force is committed to the prohibition on establishment of religion, "consistent with the Free Exercise Clause of the Constitution, Air Force members and employees may freely exercise their own religions, to include participating in worship, prayer, study and voluntary discussions of religion so long as it is reasonably clear they are acting in their personal, not official, capacity."

Wright Patterson is the home of the U.S. Air Force National Museum. Among the military displays in the museum is a Holocaust exhibit designed to show that the U.S. goes to war to defeat tyranny.

Illinois Church Denied Temporary Injunction In RLUIPA "Equal Terms" Case

In River of Life Kingdom Ministries v. Village of Hazel Crest, Illinois, 2008 U.S. Dist. LEXIS 53491 (ND IL, July 14, 2008), an Illinois federal district court in an elaborate opinion denied a preliminary injunction to a church that challenged provisions of the Hazel Crest (IL) zoning ordinance. The church argued that its exclusion from a Tax Increment Financing (TIF) district the village had zoned to attract transit oriented businesses violates the "equal terms" provision of the Religious Land Use and Institutionalized Persons Act.

In an earlier order denying the church a temporary restraining order, the court had questioned the version of the zoning ordinance then in effect by finding that non-religious "special uses" allowed in the area, including art galleries, museums, public libraries, recreational buildings and community centers, were "comparable" to religious use. The village quickly amended its zoning law to eliminate the comparable non-religious uses as permissible. The Church nevertheless pursued its claim, and the district court found that the Seventh Circuit would likely adopt the "strict scrutiny" test enunciated by the 11th Circuit in interpreting RLUIPA's equal terms provision.

The Village argued that permitting the church within its TIF district would have a devastating effect on attracting the businesses sought by the village because no liquor license can be granted to an establishment within 100 feet of a Church. The court concluded that because the church has shown only a slight chance of success on the merits, it should deny a preliminary injunction. (See prior related posting.)

New Zoning Rules In Florida City Seen As Still Restrictive On Religious Groups

Last January, a Florida federal district court ruled that Cooper City, Florida's zoning laws violated RLUIPA by excluding all houses of worship from commercial areas. (See prior posting.) This week, according to Florida's Sun-Sentinel, the Cooper City Commission amended its zoning rules to treat religious institutions the same as all other forms of community assembly activities. The new rules, however, allow only three community assembly uses at any strip mall in the city. Chabad of Nova that filed the successful RLUIPA challenge says that the new rules still severely limit its choice of a location for its Outreach Center. Chabad leaders say they will go back to court to challenge the new rules as violative of their religious freedom.

Saudi King Hosts Interfaith Conference In Spain

An interfaith conference sponsored by Saudi Arabia opened in Madrid, Spain yesterday with an address by Saudi King Abdullah. The conference is aimed primarily at bringing Muslims, Christians and Jews closer together, but representatives of several Eastern religions, including Buddhism and Hinduism, also attended. Spain's King Juan Carlos also spoke to the gathering. According the the AP yesterday, Abdullah urged interfaith reconciliation and a rejection of extremism. Two TV stations in Saudi Arabia carried the opening of the conference live.

A number of Jewish participants were among the 200 people invited to the Conference, including a prominent Irish-Israeli rabbi, David Rosen. More controversial was the conference invitation to Rabbi Yisrael Dovid Weiss, a representative of Neturei Karta from upstate New York. Neturei Karta believe that the creation of the modern state of Israel violates Jewish religious law. New York Jewish Week reports that conference organizers finally announced that Weiss-- who spoke at a Holocaust denial conference two years ago-- would not be one of the speakers. Objections to his appearance came not only from Jewish groups, but also from Dr. Sayyid Syeed, national director of the Islamic Society of North America. Instead the main Jewish speaker was to be New York Rabbi Arthur Schneier, founder of the interfaith Appeal of Conscience Foundation. The conference, the first of its kind initiated by the Saudis, was held outside Saudi Arabia because of conservative Wahhabi opposition to interfaith dialogue.

New "Church" Offers Way Around Dutch Cafe Smoking Ban

On July 1, a smoking ban went into effect for cafes, bars and restaurants in the Netherlands (though it did not impact smoking of marijuana in specially licensed coffee shops). (AFP July 1). Now however some bar owners seem to be finding a way around the tobacco ban. Dutch News reported yesterday that several dozen bars hae joined a new religious movement-- the One and Universal Smokers Church of God. The church believes in the trinity of smoke, fire and ash. Worshippers who join the church get a membership card entitling them to honor their god by smoking inside the bar. Promoters of the movement say church members' "religious practice" is protected by the Dutch Constitution and the European Convention on Human Rights. [Thanks to Paul Birchenough for the lead.]v

Croatia Enacts Sunday Closing Law

Croatia's Parliament has passed a Sunday closing law in response to a long campaign by the Catholic Church for such legislation. Yahoo News today reports that week end shopping in malls around the country has flourished. The new law that takes effect January 1 allows stores to remain open on Sundays during the summer and around the Christmas holidays, but not the rest of the year. The law also excludes bakeries, newsstands and flower shops. [Thanks to Scott Mange for the lead.]

Fired Science Teacher Has New Website to Highlight His Legal Defense

Former Mt. Vernon, Ohio science teacher John Freshwater who was fired for teaching conservative Christian religious views in his middle school classroom and for using an electrostatic device to put a cross on a student's arm (see prior posting) has now created his own website, Bibleonthedesk.com. Freshwater, as well as school officials, have been sued in federal court. (See prior posting.) The new website says : "This is the only official source of information from John Freshwater and his team of legal and spiritual advisors." [Thanks to Dispatches from the Culture Wars for the lead.]

Board Member Raises Church-State Concerns About Sunday Early Voting

In North Carolina, one stop registration and early voting is available in elections at times and places set by county boards beginning 19 days before election day. Today's Greensboro News-Record reports that, over the objections of one member about church-state conflicts, the Guliford County Board of Elections has agreed to add Sunday afternoon, Oct. 19, as an early voting time. County Board of Elections member Kathryn Lindley who voted against the proposal expressed concern that pastors would endorse a candidate in a Sunday morning sermon and then send a busload of voters to cast their ballots.

Yemeni Clerics Withdraw Proposal For Religious Police Force

In Yemen, conservative Muslim clerics have withdrawn their call for creation of "religious police" in the country. (See prior posting.) M&C reported yesterday that some 4,000 clerics at a conference in Sana'a, responding to concerns of human rights activists, called instead for an annual meeting to discuss violations against teachings of the Islamic law and public morals. They expressed particular concern with prostitution activities and with serving of alcohol in some restaurants and hotels. In response, authorities closed down a massage club and two restaurants.

"Common Law Court" Members Attempt To Disrupt Tax Evasion Trial

Today's St. Paul Pioneer Press reports on the indictment Monday of four people on conspiracy charges in an attempt to disrupt the tax evasion trial of millionaire businessman Robert Beale. Beale and three others who were charged with conspiracy to obstruct justice and conspiracy to impede an officer, purport to operate a "common law court" under the jurisdiction of "Almighty Yaweh". They issued "arrest warrants" against federal judge Ann Montgomery, who was assigned to preside over Beale's trial yesterday. They also issued warrants against county sheriff and jail officials, obtained fraudulent liens against them. In a jailhouse phone call recorded by investigators, Beale told his common-law wife: "(God) wants me to destroy the judge. That judge is evil. He wants me to get rid of her."

President Marks 10th Anniversary of International Religious Freedom Act

President Bush yesterday marked the 10th anniversary of the International Religious Freedom Act with an address at the White House (full text). He spoke of progress in religious freedom made in recent years in Turkmenistan and Vietnam. He devoted more time however to problem countries and the varying prospects for improvement in each-- Iran, North Korea, Uzbekistan, Saudi Arabia and China. [Thanks to Blog from the Capital for the lead.]

NY Court Upholds Sex offender Residence Limits Over Free Exercise Challenge

In People v. Oberlander, 2008 N.Y. Misc. LEXIS 4111 (Sup. Ct. Rockland Co., June 18, 2008), a New York trial court rejected a free exercise challenge by plaintiff to a violation of probation order that had been issued against him. Yoel Oberlander moved to an area that was off imits to convicted sex offenders. He claimed that as an observant Orthodox Jew he needed to live within walking distance of a synagogue, and that he could find no permissible site in the Town of Ramapo, his selected town, that met this requirement. The court however rejected his claim, stating: "The defendant's 'need' to live in Ramapo is no stronger than those of the potential victims within the town that share the same religious beliefs. The State has validly exercised its police powers to protect vulnerable citizens of all religions, in Ramapo, and throughout Rockland County. Undoubtedly, a compelling government interest in the legislation has been demonstrated."

Israeli President Gets Close-By Olympic Hotel To Observe Sabbath

Haaretz reported last week that the government of China has agreed to permit Israeli President Shimon Peres to stay in a hotel within the Olympic complex so he can attend the August 8 opening ceremonies for the games without having to ride on Friday evening after the start of the Jewish Sabbath. Other world leaders attending the games will be staying farther away. [Thanks to Joel Katz for the lead.]

Kentucky Governor Supports "In God We Trust"License Plates At No Added Cost

Kentucky's Governor Steve Beshear says he will press next year for legislation authorizing an "In God We Trust" license plate to be available at the same cost as regular plates. Yesterday's Louisville Courier-Journal reports that the governor's call came after a bill to authorize plates with the national motto on them failed to pass the state Senate this year. Originally the state's transportation officials expressed concern about the added cost of producing the plates, but now Transportation Secretary Joe Prather supports the governor's position. Earlier this year, the state's Transportation Cabinet rejected a proposal by an anti-pornography group to have the "In God We Trust" plates issued as specialty plates to support their cause.

Australian Court Strikes Down Youth Day Protest Limits As Visitors Are Welcomed With Condoms

SX News reports that Australia's Federal Court today struck down a New South Wales law prohibiting annoying participants in World Youth Day events. The court held that the new law unconstitutionally chills speech. The 6-days of events for World Youth Day-- including the visit of Pope Benedict XVI-- begin today. The Straits Times reports that members of the NoToPope Coalition who disagree with Church's opposition to the use of condoms will send a welcome letter accompanied by condoms to 325 places where pilgrims are being housed. The letter reads in part: "'In handing you these condoms, our coalition is saying that the pope's policy on condoms is a death sentence for millions within Africa." Apparently protesters learned where to send the letters by examining the list of places covered by the new law furnished to the Federal Court last week by the New South Wales government.

UPDATE: Australian Business (July 18) reports extensively on the court hearing leading to the invalidation of the NSW World Youth Day 2008 Regulation. Apparently the court's holding was a statutory one-- that the regulation exceeded the authority granted by the World Youth Day Act, using the presumption that parliament did not intend to authorize rules that would interfere with the exercise of fundamental free free speech rights.

Closed Church Can Challenge Lifting of Property Tax Exemption

In Boston, a Suffolk Superior Court judge refused to dismiss completely a challenge by the Boston Catholic archdiocese in a property tax case. Today's Quincy (MA) Patriot Ledger reports that assessors removed the tax exemption for St. Frances X. Cabrini Church in Scituate in 2005 because it had been closed (and is occupied by protesters trying to reopen it). The archdiocese argues that it still owns the church, so under canon law it is an exempt "a sacred place designated for divine worship." The court held that the archdiocese could move ahead with its First Amendment challenge as to 2007 taxes, but that it missed the filing deadline to challenge 2006 taxes.

In Wisconsin, Increasing Citations ofAmish For Regulatory Violations

Yesterday's Milwaukee Journal-Sentinel reports on the growing number of citations in Wisconsin of members of the Amish sect for refusal to comply with various regulatory provisions. In the most recent case, three brothers were fined for not wearing bright orange clothing while deer hunting. The court rejected a religious freedom defense, finding that nothing in the Amish religion requires its members to hunt deer. Other cases have involved building permits, licensing of a candy and jam business, and livestock premise registration. The clashes have increased as Amish move into new areas where officials have little experience in working with them. The Wisconsin Supreme Court has ruled that a "least restrictive alternative" test is to be used in examining free exercise claims under state law (State v. Miller, 202 Wis.2d 56 (WI Sup. Ct. 1996 [LEXIS link])

Spanish Police Apologize To Sikh For Airport Treatment

Jaswant Singh Judge, a Sikh living in London, has received an apology from Spain's police, the Guardia Civil. Police authorities at Spain's Tenerife airport insisted that Judge remove his turban while going through a security check. Sikh Sangat News reported yesterday that after an investigation into the incident, Chief of Guardia Civil wrote Judge apologizing for the infringement of his religious beliefs. The letter said that while for security reasons passengers are sometimes asked to remove various items they are wearing, in the future the religious concerns of Sikhs will be taken into account.

Recently Scholarly Articles of Interest

From SSRN:

• Keith N. Hylton, Yulia Rodionova, & Fei Deng, Church and State: An Economic Analysis (July 7, 2008).
• Manisuli Ssenyonjo, The Islamic Veil and Freedom of Religion, the Rights to Education and Work: A Survey of Recent International and National Cases (Chinese Journal of International Law, Vol. 6, Issue 3, pp. 653-710, Nov. 2007).
• Meghaan McElroy, Possession is Nine Tenths of the Law: But Who Really Owns a Church's Property in the Wake of a Religious Split within a Hierarchical Church? (William & Mary Law Review, Vol. 50, 2008).

From Bepress:

• Chaim Saiman, Public Law, Private Law, and Legal Science, (Villanova University Legal Working Paper Series, No. 121, July 2008).

From SmartCILP and elsewhere:

• Richard J. Ross, The Career of Puritan Jurisprudence, 26 Law & History Review 227-258 (2008).
• Mark Strasser, Death By a Thousand Cuts: The Illusory Safeguards Against Funding Pervasively Sectarian Institutions of Higher Learning, [Abstract], 56 Buffalo Law Review 353-408 (2008).
• Adrien Katherine Wing, Twenty-First-Century Loving: Nationality, Gender, and Religion in the Muslim World, 76 Fordham Law Review 2895-2905 (2008).
• Thomas C. Berg, Ministers, Minimum Wages, and Church Autonomy, 9 Engage 135-39 (June 2008).
• Carl H. Esbeck, The Application of RFRA to Override Employment Non-Discrimination Clauses Embedded in Federal Social Service Programs, 9 Engage 140-44 (June 2008).
• Raymond Tittman, Homeschooling Battle in California, 9 Engage 145-47 (June 2008).

Ohio Charter School Plans Carefully To Remain Secular

Friday's Toledo Blade reports on interesting arrangements for a new publicly funded charter school in Toldeo, Ohio for 6th, 7th and 8th grade boys. Knight Academy will be affiliated with a local Catholic high school, St. Francis de Sales, and will share some of the Catholic school's facilities and faculty. However the new charter school, with its own board of directors, will not have a religious mission. It is formally sponsored by the secular Buckeye Community Hope Foundation which has been approved by the Ohio Board of Education as a sponsor of other charter schools around the state. Knight Academy backers have purchased a former synagogue building to house the school. Part of the planned building renovations include concealing religious symbols and inscriptions on the current building, including a prominent quotation from the Biblical Book of Amos carved over the front entrance reading "Seek Ye The Lord And Ye Shall Live."

More Details On Last Year's New Jersey School Proselytization Case Revealed

Last year, the Kearny, New Jersey, Board of Education settled a threatened lawsuit by the parents of high schooler Matthew LaClair. The LaClairs complained about in-class proselytizing by Matthew's history teacher, David Paszkiewicz. Matthew had recorded his teacher saying that students who do not accept Jesus belong in Hell, that the "Big Bang" theory is unscientific and that dinosaurs were on Noah's Ark. (See prior posting.)

Today's Worcester (MA) Telegram reports new details on the incident as Matthew spoke at the annual summer outing of the Greater Worcester Humanists. He told of a tense meeting with the school principal, the teacher and the head of the school's history department which LaClairs parents were not allowed to attend. The teacher denied charges and said many of Matthew's quotes took what he said out of context. Paszkiewicz also said he needed his teaching job because he had four children, one of whom had kindey disease. According to LaClair: "It was almost like he was saying that I’d be killing the kid, if I continued to push forward with my complaint."

Court Rejects Free Exercise Claims of 9-11 Families Seeking Move of Sifted Debris

In WTC Families for a Proper Burial, Inc. v. City of New York, 2008 U.S. Dist. LEXIS 51994 (SDNY, July 7, 2008), a New York federal district court rejected an attempt by families of 1100 unrecovered 9-11 victims to force the city of New York to move finely-sifted World Trade Center debris (in which no remains are identifiable) from the city's Fresh Kills landfill to a new location that would be created as a cemetery. The city claims that the costs of such a plan would be prohibitive. After moving to the merits, despite questions about standing, the court held that plaintiffs' Free Exercise rights to bury their loved ones in accordance with their religious beliefs had not been violated. The court concluded that the city's decisions on handling the remains passed both a "rational basis" and "compelling interest" test. The city's purpose was not to infringe anyone's religious sensibilities. An incidental burden imposed by a general rule or policy does not violate religious rights. The court also rejected due process claims and claims under the state's conservation and burial laws. The New York Times last week reported on the decision.

Tibetan Monastary Still Surrounded By Chinese Troops

London's Times Online today reports that in Tibet, China's army continues to seal off Drepung, the largest Buddhist monastery in the country, four months after widespread anti-Chinese riots. (See prior posting.) Many of Deprung's monks were identified as having taken part in the protests against China's policies in Tibet. However some Tibetan monasteries have begun to cooperate with Chinese officials. The 500 monks in Lhasa's Sera monastery have joined with authorities to form an "administrative committee" to supervise the monastery.

US Policy Generally Precludes Immigration Raids On Churches

AP reported yesterday that the unofficial policy of the U.S. Immigration and Customs Enforcement agency is to avoid immigration raids on churches, even though illegal immigrants are using them for sanctuary. The only exception is where immigrants taking sanctuary publicly defy federal authorities in a way that makes enforcement officials look lax in their duties. The same unofficial policy against immigration raids applies to schools and playgrounds. Meanwhile yesterday's New York Times reports on activities of St. Bridget's Roman Catholic Church in Postville, Iowa which is sheltering many immigrant families after a large scale immigration raid on the local Agriprocessors meat packing plant in May. (See prior posting.)

California Home School Case May Now Be Moot

In California, the future of a pending reconsideration of a home schooling case is now in doubt. In a controversial March decision, a state court of appeals held that parents could not home school their children without hiring a credentialed tutor. It rejected a claim that the Free Exercise clause gives parents the right to home school. The court then agreed to reconsider its decision. On Thursday, a family court terminated its jurisdiction over the two children whose case led to the home school ruling. Today's Los Angeles Times reports that this could moot the case.

Ruling on Release of Secret Service Records Found Not Yet Appealable

Yesterday, in a case seeking release of White House visitor records, the D.C. Circuit Court of Appeals held that a district court order issued last December is neither an appealable final order, nor is it an appealable interlocutory order. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, July 11, 2008), the court held the lower court's determination that Secret Service visitor logs are "agency records" under the Freedom of Information Act does not end the case because the government can still assert that various exemptions are applicable. At issue is an attempt by Citizens for Responsibility and Ethics in Washington to learn how often nine prominent conservative Christian leaders visited the White House or the Vice President’s office. AP reports on the decision. (See prior related posting).

"Mahr" Held Not A Valid Pre-Nuptial Agreement

In Zawahiri v. Alwattar, (OH Ct. App., July 10, 2008), an Ohio court of appeals affirmed a Columbus, Ohio domestic relations court's refusal, in a divorce action between a Muslim couple, to enforce the "mahr" (dowry). Under Islamic law, the mahr must be part of the marriage contract. The mahr, signed by the bride and groom during the wedding ceremony, included an agreement for husband Mohammad Zawahiri to pay his wife, Raghad Alwattar, $25,000 in case of divorce or Zawahiri's death. The trial court refused to enforce the mahr, holding that the Establishment Clause of the Ohio Constitution bars it from enforcing a contract that requires performance of a religious act. The trial court also held that the mahr was not a valid pre-nuptial agreement. The court of appeals held that the mahr contract— rushed into just hours before the wedding ceremony-- is not a valid pre-nuptial agreement. That being the case, the court said that the Establishment Clause challenge is moot.

France Denies Muslim Woman Citizenship Because of Her Non-French Values

Last month, France's Council of State issued a decision upholding the denial of French citizenship to a Muslim woman because of her fundamentalist religious practices. The Council, France’s highest administrative tribunal, said that Faiza Maabchour’s lifestyle is "not compatible with the essential values of the French community, notably the principle of gender equality." The 32-year old woman covers herself from head to toe in a burqa. Social service reports say she lives in "total submission" to her husband. Apparently she is the first person denied French citizenship on the grounds of cultural behavior. Lengthy reports on the case are carried today by UAE's The National, Britain's Guardian, and the Wall Street Journal.

Mention of Satanism Held Not Enough To Reverse Priest's Murder Conviction

In State of Ohio v. Robinson, (OH Ct. App., July 11, 2008), an Ohio state appellate court affirmed the conviction of former Catholic priest Gerald Robinson who, in 2006, was convicted of a bizarre 1980 murder of a nun. Sister Margaret Ann Pahl's body was found in the sacristy of a Catholic hospital in Toledo, Ohio, strangled and then stabbed 31 times. Investigators eventually found 9 stab wounds to her chest were made through an altar cloth in the shape of an upside down cross. In a 95-page opinion, the court rejected eight challenges to Robinson's conviction, including a claim that the state improperly injected "Satanism" into the trial through the testimony of expert witness, Father Jeffrey Grob. Robinson argued that the state tried to stereotype him as an "Antichrist" and establish that there was "a satanic motivation" for the murder. However, closely examining the evidence, the court held that this was not the state’s theory. Rather Father Grob saw the crime scene as displaying an attempt to mock Sister Pahl’s life of devotion to Christ. Today’s Toledo Blade reports on the decision.

Court Rejects Amish Free Exercise Challenge to Buggy Emblem Requirement

A story from the Paducah Sun reports today that in Mayfield, Kentucky, a state circuit court judge upheld the conviction of three Amish men for refusing to display slow-moving vehicle emblems on their horse-drawn buggies. The court, in its decision on Thursday, held that the requirement is a neutral law of general application, not specifically directed at the Amish, so it does not violate the defendants' free exercise rights. [Revised]

UPDATE: AP reports on July 12 that the ACLU will defend another group of similar charges against Amish men in Mayfield.

Israeli Prison Rabbis Report Successes In Obtaining "Gets" For Wives

In Israel, government authorities are taking strong action against estranged husbands who refuse to sign a "get" (Jewish divorce document) granting their wives a religious divorce. In some cases, religious courts order the men to jail until they sign. Rabbis in the Israel Prison Service say they have been successful recently in convincing four husbands to sign. Arutz Sheva reports today that "a new arrangement that could help is being pursued, in the form of a special room in the prison where rabbinical court representatives will be able to arrange a get. This will avoid the trip to the courtroom in which prisoners sometimes change their minds."

British Registrar Wins Right To Refuse To Perform Civil Partnership Ceremonies

Times Online today reports on a decision by a British employment tribunal vindicating claims by civil marriage registrar Lillian Ladele who was "treated like a pariah" by fellow-emplyees after she refused on religious grounds to perform same-sex civil partnership ceremonies. The ruling said that Islington council wrongly "placed a greater value on the rights of the lesbian, gay, bisexual and transsexual community than it placed on the rights of Ms Ladele as one holding an orthodox Christian belief." It found that Ladele's colleagues created "an intimidating, hostile, degrading, humiliating or offensive environment" for Ladele. A further hearing on damages is scheduled for September. (See prior related posting.)

UPDATE: Here is the full text of the employment tribunal's decision in Ladele v. London Borough of Islingon. [Thanks to the Christian Institute for posting it and to the Anonymous comment to this post for the lead.]

UPDATE: The National Secular Society reported on July 18 that the Islington Council plans to appeal the employment tribunal ruling.

Alleged Biased Remarks By Clinic Director Are Part of Lawsuit

In Gordon v. Dalrymple, 2008 U.S. Dist. LEXIS 51863 (D NV, July 8, 2008), a Nevada federal district court dismissed a free exercise and First Amendment retaliation claim by Allan Gordon, the former director of a state mental health clinic, who alleged he had been fired because of remarks he allegedly made critical of Christians. The court found that Gordon's dismissal resulted, instead, from four sexual harassment complaints against him. However the court allowed Gordon to move to trial on his defamation claim against staff psychologist Ronald Dalrymple who had written a complaint letter alleging, among other things, that Gordon created a hostile work environment by slandering Christians and that Gordon had a narcissistic personality disorder. An internal investigation found no evidence that Gordon had discriminated against Christians.

7th Circuit Holds Condo Mezuzah Ban Does Not Violate Fair Housing Act

In Bloch v. Frischholz, (7th Cir., July 10, 2008), the U.S. 7th Circuit Court of Appeals in a 2-1 decision held that the federal Fair Housing Act does not bar a Chicago condominium association from adopting a rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door. The Shoreline Towers Condominium Association adopted a rule prohibiting objects or signs of any kind on the outside of owners' doors. Three years after the rule was adopted, it was applied to require owners to remove mezuzot. Subsequently the condominium adopted a religious exception to the rule, but plaintiffs sought damages and an injunction to prevent a future return to the old ban. The majority, in an opinion by Judge Easterbrook, said that effectively the lawsuit was seeking a religious exception to a neutral rule, and that failure to make an exception does not amount to discrimination. The court therefore affirmed the trial court's grant of summary judgment to defendants.

Judge Wood dissenting said that plaintiffs are claiming religious discrimination, and that a reasonable interpretation of the facts is that the rule was not neutral. Instead its purpose was to discriminate against Jewish condo owners. She argues that a ban on mezuzot amounts to a constructive eviction for observant Jewish residents. In her view, the Fair Housing Act's ban on discrimination in the sale or rental of residential housing is not restricted to activities prior to sale. Yesterday's New York Sun reports on the decision. (See prior related posting.)

As discussed in the court's opinion, now both the city of Chicago and the state of Illinois have legal provisions assuring condo owners the right to place religious symbols on doors. [Thanks to Nicole Neroulias for the lead.]

Legal Maneuvers Ahead of Realignment Vote By Pittsburgh Episcopal Diocese

In Pittsburgh (PA), Episcopal Bishop Robert Duncan has moved up the date for the the annual Diocesan Convention to October 4, at which time delegates will vote on three resolutions (full text) that would withdraw the Pittsburgh diocese from the Episcopal Church and affiliate it with the more conservative Anglican Province of the Southern Cone. In advance of that vote, a number of legal maneuvers have taken place. One parish, Calvary Episcopal Church, has been challenging Duncan's move since it filed a lawsuit in state court in 2003. Episcopal News Service yesterday reported on the complicated developments.

In its lawsuit, Calvary (in 2005) obtained a court order prohibiting the diocese from transferring any property to any entity outside the Episcopal Church. So this April, Duncan formed a new Pennsylvania corporation named the Episcopal Diocese of Pittsburgh, apparently intending to have it take custody of diocese assets if the realignment is approved. (Episcopal News Service, July 11). In response, Calvary has filed a petition with the court asking it to appoint a monitor to assure that its 2005 order is being complied with, or alternatively, giving Calvary's attorney access to the financial books and records of the diocese. Meanwhile, Progressive Episcopalians of Pittsburgh, a group opposing Duncan's moves, has issued a document titled Frequently Asked Questions About Realignment.

Obama Campaign's Religious Affairs Director Profiled

Today's Boston Globe profiles 25-year old Joshua Dubois, religious affairs director for the Barack Obama campaign. With a staff of 4 employees and 6 interns, he has organized some 200 town hall meetings and is beginning a series of smaller house parties to discuss the campaign and values issues. Dubois is also responsible for a faith portion of Obama's website and provides resources for many faith-oriented groups organized to support Obama.

Minority Religions Face Burial Problems In Kyrgyzstan

Forum 18 reports today on the problems faced in Kyrgyzstan by members of non-Muslim faiths in burying their dead. A fatwa issued by the country's Muftiate bars non-Muslims from being buried in Muslim cemeteries. Cemeteries are run by local governments and particularly in rural areas, often Muslim cemeteries are the only ones available. Sometimes local imams allow burials of non-Muslims, but only if Muslim funeral rites are performed. A meeting of Russian Orthodox, Protestant and Muslim leaders earlier this month at the State Agency for Religious Affairs decided that each time such a problem occurred, the heads of religious communities should meet to find a common solution.

Poll Contrasts Views On Sharia In Iran, Egypt, Turkey

Today the Muslim-West Facts Initiative (a collaboration of the Gallup polling organization and the Coexist Foundation) published the first in a series of articles on views toward Islamic Sharia law in Iran, Egypt, and Turkey. The article is based on extensive polling data from last year. The authors summarize the results of the poll as follows:

In Iran, a majority of residents tell Gallup that Sharia must be a source of legislation, but not the only source. In Turkey, poll findings show how divided the Turkish public is about the role of Sharia in legislation. In Egypt, however, public opinion is much more likely to favor religious law as the only source of legislation....

[M]en and women express strikingly similar views within each country on the role of Sharia in legislation.... Overall, older respondents are more likely than younger ones to say Sharia must be the only source of legislation (although this pattern is weaker in Turkey than in Iran and Egypt).... In Turkey and Iran, those who have a secondary level of education are less likely than those with a primary level of education or less to say Sharia must be the only source of legislation. There is no difference by education level in Egypt.

3rd Circuit Finds Prison Music Policy Does Not Violate Establishment Clause

In Young v. Beard, (3rd Cir., July 8, 2008), the U.S. 3rd Circuit Court of Appeals rejected a prisoner's free expression and Establishment Clause challenges to the Pennsylvania prison system's policy on recreational music for prisoners. After criticism of the state's prior policy that allowed independent inmate bands, the Department of Corrections changed its policy to allow only individual music playing in cells or institutional musical groups that can play at an annual talent show or special events. However inmate bands are still permitted for religious services. This was challenged by an inmate who had been a member of a secular inmate band prior to the policy change. The court held that the prior program posed legitimate security concerns, and several viable alternatives still exist for inmates to perform music. Turning to the Establishment Clause challenge, the court found that changes to the secular music program did not have the purpose or effect of advancing religion. Permitting religious bands accommodates free exercise and does not cross the line into endorsement of religion. (See prior related posting.)

Michigan Church Wins Zoning Challenge In Settlement

Alliance Defense Fund yesterday announced a settlement in Celebration Community Church v. City of Muskegon, (WD MI, filed March 2008) (full text of complaint). Celebration Church challenged the city's denial to it of a special use permit so it could use a former automobile dealership it purchased as a church. The city cited loss of property tax revenue, adverse impact on bars located nearby, and incompatibility with the surrounding area as reasons. However the Liquor Control Commission said that the church would not impact the license of an existing nearby bar. The city did not require special use permits for non-religious assembly uses in areas zoned general business. The suit alleged that the denial infringed its free speech, free exercise, equal protection and due process rights under the U.S. and Michigan constitutions and its rights under RLUIPA. The court directed the parties into mediation, and they reached a settlement under which the church would be permitted to use the property for religious purposes. Muskegon City Council approved the settlement on June 24.

India, Under Christian Pressure, Blocks Migration of Bene Menashe To Israel

IANS reports today that the Indian government has refused to grant permission for nearly 200 Bnei Menashe members to emigrate from the country's northeaster state of Mizoram to Israel. After the Bene Menashe were recognized by the Israeli rabbinate as descendants of ancient Israelites, a group of rabbis came to India and converted the Mizo Jews-- who had been born as Christians. While Israel had planned to welcome the group under its Law of Return, a group of Christians in India apparently filed a formal protest with the Indian external affairs ministry and home ministry. They wanted the planned migration blocked and the conversions of the Bene Menashe stopped. Since 1994, some 1000 Bene Menashe members have migrated to Israel from Mizoram and its neighboring state of Manipur.

Defense Department Moves To Dismiss Suit Claiming Religious Discrimination

God and Country blog reports that yesterday the Defense Department filed a motion to dismiss and a memorandum in support of the motion (full text) in Hall v. Welborn. In March, Jeremy Hall and the Military Religious Freedom Foundation filed suit in federal district court in Kansas claiming that a meeting of atheists and freethinkers organized by Hall in Iraq was interrupted by an Army major, and that Hall was not recommended for promotion because his platoon sergeant thought he would be "unable to put aside his personal convictions and pray with his troops" and would have trouble bonding with them. (See prior posting.) In support of its motion to dismiss, the Defense Department argued that the court need not reach the merits. It contends that because Hall did not show that the major's action was likely to recur, he lacked standing to obtain an injunction. It claimed that Hall failed to use existing internal procedures to complain about his treatment and that he did not show injury from the alleged pattern and practice in support of religion. It also argued that judicial review would interfere with military operations and personnel matters committed to military expertise.

Lawsuit Challenges Publishers' Translation of Bible Verse

An unusual pair of federal lawsuits filed pro se by a Michigan man complain about the translation of a passage in I Corinthians in versions of the Bible from two publishers. The verse, I Corinthians 6:9, describes those who will not inherit the kingdom of God. Early versions of Bibles published by Thomas Nelson Publishing and Zondervan Publishing House include "homosexuals" in the list. Later translations instead use the term "sodomites". The exact theory of plaintiff Bradley Fowler's case is not clear. In his handwritten complaints against Thomas Nelson Publishing (full text of complaint) and Zondervan (full text of complaint) he variously charges that inclusion of the term homosexual caused him, as a homosexual, emotional harm. However he also complains that the publishers eliminated the term in later editions without informing the public. Reporting on the lawsuits, today's Grand Rapids Press says the court refused Fowler's request for an appointed attorney. The judge questioned the nature and efficacy of the claims. The suits seek $60 million in damages from Zondervan and $10 million from Thomas Nelson.

UPDATE: Bill Poser on Language Log has an excellent discussion of the translation issues posed by the original Greek in the Biblical verse at issue.

Gaer Elected New Chair of USCIRF

Last week, the U.S. Commission on International Religious Freedom announced the election of Felice D. Gaer as chair for the coming year beginning July 1. She succeeds Michael Cromartie who will serve as vice-chair along with Dr. Elizabeth H. Prodromou. Gaer is Director of the Jacob Blaustein Institute for the Advancement of Human Rights of the American Jewish Committee.

Muslim Woman Sues For Employment Discrimination

Yesterday a Sacramento, California Muslim woman filed suit in state court charging National Credit Acceptance, Inc. with employment discrimination. The complaint in Southavilay v. National Credit Acceptance, Inc., (CA Super. Ct., filed July 8, 2008), alleges that Zaylanin Southavilay was told she could not continue working as a telephone debt collector with National Credit Acceptance if she continued to wear a hijab (Islamic headscarf). Southavilay sued under California law (California Government Code, Sec. 12940) claiming religious discrimination and failure to accommodate her religious belief. She also charged wrongful termination in violation of public policy. The Asian Law Caucus issued a release reporting on the filing of the lawsuit.

Hungary's Constitutional Court Strikes Down Hate Speech Amendments

The Budapest Times reports that Hungary's Constitutional Court last week ruled two amendments added last year to Hungary's "hate speech" law unconstitutional. One amendment allowed suits to be brought against a speaker who directed inflammatory speech broadly against a person's religious or ethnic group. Previously plaintiffs had to show the speech was directed against them personally. The other amendment for the first time made hate speech a criminal offense, punishable by up to two years in prison. The court held that both of the amendments unduly restrict freedom of expression. It also held that only natural persons may have their human dignity protected. Broader communities or groups may not. Criticizing the decision, Socialist MP Gergely Bárándy said that it opens the door to verbal attacks on Jews and Gypsies.

Swiss Referendum on Banning Minaret Construction Will Be Held

The AP reported yesterday that in Switzerland, members of two right-wing parties have obtained enough signatures to force a nationwide referendum on banning construction of minarets. Members of the Swiss People's Party and the Federal Democratic Union say the minaret is a symbol of an Islamic political and religious claim to power. The Interior Ministry says it received a petition with 100,000 signatures supporting the proposal. Currently there are only two minarets in Switzerland, and neither is used for calls to prayer. Opponents say the construction ban would violate the religious freedom of Switzerland's 310,000 Muslims. The Swiss government will recommend that voters reject the proposed ban, fearing its impact on the country's international image and the potential reaction of Muslims if the ban is enacted.

Police Require Orthodox Jewish Woman To Remove Wig For Arrest Photo

In Ramapo, New York, members of the town's Hasidic Jewish community are protesting action of the police department in its arrest of an Orthodox Jewish woman, Sarah Cohen. The woman, charged with welfare fraud, was required to remove her wig for an arrest photograph. Many Orthodox Jewish women who are married keep their heads covered in public with a wig as a sign of modesty. However, law enforcement agencies generally require suspects to remove hats, turbans, wigs, glasses and toupees for booking photos. Sunday's Lower Hudson Journal News, reported, surprisingly, that police in New York towns like Ramapo, Spring Valley and Bedford, all of which have large Hasidic populations, have no written procedures on how to deal with religious or cultural concerns in booking suspects. After the incident, Ramapo Supervisor Christopher St. Lawrence apologized and called the police officer involved insensitive. The matter is being investigated and a report will be presented to the Town Board tomorrow. Police Chief Peter Brower says he will review departmental policies on the issue.

Folk Religions Get Very Different Treatments Around the World

Reports this week from opposite sides of the world reflect the rather disparate views of folk religions by varying legal systems. Today's New York Times reports that in Tajikistan, a new law passed early this year outlaws traditional fortune telling. The "fate viewer"-- who also sometimes prescribes folk remedies-- is a centuries-old profession in the country. Practitioners have enjoyed a resurgence in popularity lately as the country suffers economically. Proponents of the new law say it was designed to protect the population from a drain on their finances, prohibit "un-Islamic" activity and reduce the number of people practicing medicine without a license.

Meanwhile Lifesite News yesterday reported on a case decided in May by a criminal court judge in the Brazilian state of Bahia. Judge Ricardo Augusto Schmitt ordered confiscation from bookstores of all copies of a book condemning witchcraft written by Catholic priest Jonas Abib. The book is titled "Yes, Yes! No, No! Reflections on Healing and Liberation." In obtaining the court order, the public prosecutor argued that Bahia's state constitution requires the state "to preserve and guarantee the integrity, respectability, and permanence of the values of Afro-Brazilian religion." He accused accused Abib of "making false and prejudiced statements" about spiritualist religions and inciting disrespect for their objects of worship.

Christian Group Runs Controversial Ad Against New Colorado Law

In May, Colorado's Governor Bill Ritter signed Colorado SB 200 which, among other things, prohibits discrimination on the basis of sexual orientation in public accommodations. The new law defines "sexual orientation" to include transgender status. Seizing on this, the Christian group Focus on the Family is now running a controversial advertising campaign against the bill in Colorado newspapers. According to today's Pueblo Chieftan , the ads claim the new law has made all public restrooms unisex. The ad depicts an innocent little girl coming out of a bathroom stall with a man in boots waiting to use it.

Court Dismisses Free Exercise Challenge To Forest Service Permit Regulations

In Nenninger v. United States Forest Service, 2008 U.S. Dist. LEXIS 51212 (WD AR, July 3, 2008), an Arkansas federal district court dismissed a challenge to U.S. Forest Service regulations requiring a special permit for large noncommercial gatherings on Forest System lands. The permit application must be signed by an agent for the group. (36 C.F.R. Part 251, Subparts B and C, and 36 C.F.R. Part 261, Subpart A.) The regulations were challenged by a member of the Rainbow Family, a group that regularly gathers in undeveloped sites in National Forests to pray for peace and discuss environmental and other issues. Its annual gatherings near July 4 usually attract 20,000 participants. The court rejected First Amendment overbreadth, free exercise and RFRA challenges to the regulations. It held that the permit requirements are facially neutral laws of general application and do not substantially burden the practice of plaintiff's religion. The court also rejected selective prosecution claims and a number of other bases for relief.

Ahmadis Zoning Denial Leads To Suit Against Maryland Town

In Baltimore, Maryland yesterday, developer David Moxley filed a lawsuit in federal court challenging the decision of the Walkersville (MD) Board of Zoning Appeals to deny a special exception to land use restrictions sought by the Ahmadiyya Muslim Community USA. Moxley had planned to sell the Ahmadis 224 acres of land for $6 million for them to use to build a mosque and living quarters for its imam. Yesterday's Baltimore Sun reports that the zoning board's denial was based on a desire to preserve farm land and concern about the crowd of thousands that attends the group's annual, three-day national convention. The complaint alleges that the zoning board violated the Ahmadis free exercise and equal protection rights, violated RLUIPA, the federal Fair Housing Act and the Maryland Constitution's Declaration of Rights. The suit also alleges that the town's mayor and town commissioners conspired to block the mosque construction by adopting new land-use restrictions barring places of worship on land zoned for agriculture. (See prior related posting.) [Thanks to Roman Storzer for the lead.]

Israeli Court-Approved Compromise On Autopsies May Be Solution To Future Cases

Arutz Sheva today reports on an interesting compromise worked out in the courts last week that may act as precedent in dealing with religious objections to autopsies. After the wife of the rabbi of the Yemenite Jewish community is the city of Ashkelon was murdered, authorities insisted they needed an autopsy to determine the cause of death. A magistrate's court rejected the family's religious objections, but while an appeal was pending in the Supreme Court a compromise was proposed-- perform a non-invasive MRI autopsy. After a great deal of bureaucratic "buck-passing", everyone agreed and the procedure was performed at Hadassah Ein Kerem Hospital in Jerusalem. The Supreme Court rejected an attempt by the prosecution to follow the MRI with a traditional autopsy in order to check the accuracy of the MRI procedure.

Church Sues To Challenge Zoning Denial

The Danbury (CT) News-Times today reports that a Christian congregation, His Vineyard, Inc., has filed suit in state court-- apparently under RLUIPA-- challenging Danbury's denial of a request for a variance. The church wants to build in an area zoned industrial. The Zoning Board denied the request because it wants to keep industrial areas for economic development. However the church says it should be treated the same as hotels which are permitted in industrial areas, since both are places of public assembly.

Recent Prisoner Free Exercise Cases

In Tyson v. Guisto, 2008 U.S. Dist. LEXIS 49528 (D OR, June 27, 2008), an Oregon federal district court rejected claims by two Muslim prisoners that their rights under the First Amendment and RLUIPA were violated when authorities temporarily held Jum'ah prayers on Sunday instead of Friday, did not hire an Imam, and allowed non-Muslims to prepare Halal meals.

In Campbell v. Cornell Corrections of Rhode Island, Inc., 2008 U.S. Dist. LEXIS 49191 (D RI, June 27, 2008), a Rastafarian prisoner sued because he was denied a vegetarian diet as required by his religious beliefs. The court held that at this stage of the litigation, there is such a lack of evidence on plaintiff's First Amendment claim that neither party is entitled to judgment as a matter of law. The court rejected plaintiff's Eighth Amendment claim.

In Ransom v. Johnson, 2008 U.S. Dist. LEXIS 49378 (ED CA, June 18, 2008), a California federal magistrate judge recommended that a Muslim prisoner's motion for summary judgment be denied on his First Amendment claim that he was not permitted to attend communal prayer while in "C-status"-- designed to limit the movements inmates who were unwilling to comply with prison rules.

In Contreraz v. Adams, 2008 U.S. Dist. LEXIS 49150 (ED CA, June 11, 2008), a California federal magistrate judge dismissed, with leave to amend, a complaint filed by a Native American prisoner who was a member of the "Olin Pyramid" religion. Plaintiff claimed he had been denied religious dietary modifications and an exemption from the grooming standards. However his 323-page complaint violated pleading rules and failed to link any specific defendant with a specific constitutional violation.

EC Adopts Anti-Discrimination Directive

On July 2, the European Commission announced its adoption of a proposed anti-discrimination directive that broadly prohibits discrimination on various grounds, including religion. The EC announcement read in part:

the Commission adopted a proposal for a directive which provides for protection from discrimination on grounds of age, disability, sexual orientation and religion or belief beyond the workplace. This new directive would ensure equal treatment in the areas of social protection, including social security and health care, education and access to and supply of goods and services which are commercially available to the public, including housing....

The law will prohibit direct and indirect discrimination as well as harassment and victimisation.... The directive will only apply to private persons in so far as they are performing their commercial activities or professional. Also, Member States will remain free to maintain measures ensuring the secular nature of the State or concerning the status and activities of religious organisations.

New Scholarly Articles and Books of Interest Abound

From SSRN:

• Ayelet Shachar, Privatizing Diversity: A Cautionary Tale from Religious Arbitration in Family Law, (June 25, 2008, Theoretical Inquiries in Law, Vol. 9, No. 2, pp. 573-607, 2008).
• Katja Rost, Emil Inauen, Margit Osterloh & Bruno S. Frey, The Corporate Governance of Benedictine Abbeys: What Can Stock Corporations Learn from Monasteries?, (May 25, 2008).
• Frederick Mark Gedicks, Fundamentalism, Spirituality, and Church-State Relations in the United States. Chapter in Multiculturalisms: Different Meanings and Perspectives of Multiculturalism in a Global World (Durham, NC: Carolina Academic Press, Barbara Pozzo ed. forthcoming 2008).
• John M. Bickers, Of Non-Horses, Quantum Mechanics, and the Establishment Clause" (forthcoming 57 Kansas Law Review (2009)).
• Vincent Phillip Munoz, The Original Meaning of the Free Exercise Clause: The Evidence from the First Congress" Harvard Journal of Law and Public Policy, Vol. 31, No. 3, pp. 1083-1120 (2008).

From SmartCILP:

• Lisa Shaw Roy, History, Transparency, and the Establishment Clause: A Proposal for Reform, 112 Penn State Law Review 683-729 (2008).
• John Witte, Jr., "Fairer Still the Woodlands" --Mapping the Free Exercise Forest, (Reviewing Kent Greenawalt, Religion and the Constitution: Free Exercise and Fairness.) 24 Constitutional Commentary 551-565 (2007).
• The Wren Cross Controversy: Religion and the Public University. Essays by Erwin Chemerinsky and Gerard V. Bradley. 49 William & Mary Law Review 2193-2263 (2008): Chemerinsky, Why Church and State Should Be Separate; Bradley, Religion at a Public University.
• Frank S. Ravitch, Intelligent Design in Public University Science Departments: Academic Freedom or Establishment of Religion, 16 William & Mary Bill of Rights Journal 1061-1090 (2008).
• Thomas L. Shaffer, Business Lawyers, Baseball Players, and the Hebrew Prophets, 42 Valparaiso University Law Review 1063-1080 (2008).
• Nicholas A. Schuneman, One Nation, Under ...The Watchmaker?: Intelligent Design and the Establishment Clause, 22 BYU Journal of Public Law 179-227 (2007).
• Jeffrey Shulman, What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child, 53 Villanova Law Review 173-208 (2008).
• William Joseph Wagner, To the Age of Social Revolution: As Papal Rejoiner, "The Apocalypse Is Not Now", 53 Villanova Law Review 209-271 (2008).

New books:

• The Center for American Progress has published in full online a collection of essays titled Debating the Divine: Religion in 21st Century American Democracy. Links to individual essays are on the Center's web page devoted to the book. [Thanks to Melissa Rogers for the lead.]
• Mark Silk & Andrew Walsh, One Nation, Divisible: How Regional Religious Differences Shape American Politics, (Rowman & Littlefield, June 2008). [Thanks to Spiritual Politics for the lead.]

Bush, Fukuda Will Both Attend Olympics Opening Despite Human Rights Concerns

In a joint press conference today (full text) with Japanese Prime Minister Yasuo Fukuda, President George W. Bush defended his decision to attend the opening ceremonies at the Beijing Olympics next month. As reported by CNN, Bush took the position in the face of decisions by some European leaders to boycott the opening ceremonies to protest human rights violations in China. At the press conference, Prime Minister Fukuda for the first time confirmed that he too would be attending the opening ceremonies. Here is a portion of the Q&A:

Q ... I was wondering if you could ... explain ... your decision to attend the Opening Ceremonies of the Olympics next month. And more generally, I'm wondering what you would say to ... your friends and allies in the United States who are very concerned about religious freedom and human rights in China....

PRESIDENT BUSH: I view the Olympics as a opportunity for me to cheer on our athletes.... [E]very time I have visited with [the Chinese] ... I have talked about religious freedom and human rights. And so ... I don't need the Olympics to express my concerns. I've been doing so.... [N]ot going to the opening games would be ... an affront to the Chinese people, which may make it more difficult to ... speak frankly with the Chinese leadership.... I think it would be good for these athletes who have worked hard to see their President waving that flag....

... I have been very clear in my view that, for example, a whole society is one that honors religion, and that people shouldn't fear religious people.... China benefits from people being able to worship freely. It looks like there's some progress, at least in the talks with the Dalai Lama....

PRIME MINISTER FUKUDA: ... [H]ere for the first time, I will announce that I -- announce officially that I will attend the Opening Ceremony of the Olympics.... I don't think you really have to link Olympics to politics.... In the past ... the U.S. and others criticized Japan for certain behaviors.... So we really have to ... have humility in asking ourselves, do we have the right to make those points to China and others.... We are neighbors, after all, and it will good for Japan if our neighbors are in a sound state, as well. So with that in mind, as well, I shall attend the Opening Ceremony.

Historian Says Links Between Democrats and Evangelicals Have Deep Roots

Historian Ted Widmer writes a piece in today's New York Times Magazine titled Redemption Politics in which he makes the case that Barack Obama's outreach to evangelicals has deep roots in American history. He writes in part:

Maybe the distance between liberals and evangelicals, each eternal optimists in their way, is much smaller than we realized. In our week of national reflection, it’s worth recognizing that religious enthusiasm in America has as often as not had a reformist or even revolutionary cast to it....

We often forget how close the revolutionaries were to the Great Awakening of the 1730s and ’40s, when revival meetings were held across the colonies and apocalyptic expectation hung heavy in the air....

For most of American history, evangelicals were Democrats or their equivalents, profoundly uncomfortable near the temple of the moneychangers. Jefferson attracted huge numbers of voters simply because his running mate, Aaron Burr, was the grandson of the great evangelist Jonathan Edwards.

Canadian Human Rights Commission Dismisses Charges Against Catholic Magazine

Catholic Insight reports that the Canadian Human Rights Commission (CHRC) has dismissed a complaint brought against it by Rob Wells, a member of the Gay, Lesbian and Transgendered Pride Center of Edmonton. (See prior posting.) Wells claimed violations of section 13 of the Canadian Human Rights Act because of some 108 articles and reports on Catholic Insight's website. Catholic Insight says that the postings merely "communicated the theological reasoning of the Catholic Church which opposes the homosexual way of life as contrary to the will of God the Creator, and, therefore, sinful." In its letter to Catholic Insight the CHRC said: "After examining this information, the Commission decided, pursuant to paragraph 44(3)(b) of the Canadian Human Rights Act, to dismiss the complaint because the material is not likely to expose a person or persons to hatred or contempt based on sexual orientation."

Civil-Religious Courts Clash Again In Indonesia

In Malaysia, the ongoing tension between jurisdiction of civil and religious courts has come to the fore in the case of an ethnic Indian, Elangeswaran Benedict, who committed suicide. Indo Asian News Service reported yesterday that when Benedict's family sought to claim his body from the Parit Buntar Hospital in Kuala Lumpur, they were told that they could not take the body for Hindu cremation rites because Benedict was a Muslim convert. The family brought suit in the High Court in Kuala Lumpur seeking a declaration that he was Hindu. A hearing was scheduled for Friday afternoon. However, on Friday morning, religious authorities quickly obtained an order from a Syariah Court ordering Benedict's burial as a Muslim. Benedict's wife, named as a respondent in the case, was not present in the religious court for the hearing. Benedict's family are now back in the High Court seeking an injunction to prevent religious authorities from claiming the body.

UPDATE: On July 7, High Court judge Datuk Balia Yusuf Wahi rejected the family's request for an injunction and Elangesvaran's body was buried according to Muslim tradition by the Parit Buntar state religious council. Nevertheless, according to the New Straits Times, the family has filed a notice of appeal in the case.

Court Upholds Restraining Order Against Autistic Teen At Services

The Minneapolis Star Tribune reported last week on a decision issued June 27 by a Todd County, Minnesota state District Court. Siding with the Church of St. Joseph in Bertha (MN), the court upheld a May 13 restraining order barring 13-year old Adam Race from attending church. The teenager is autistic, and the church says his conduct disrupts services. As previously reported, at issue was whether Adam's conduct violated the state's harassment statute under which the restraining order was issued. The court concluded that while Adam "did not specifically intend to harass anyone," his conduct at church services was "objectively unreasonable." It included "repeated, disruptive or distracting acts, sounds, and gestures." Under the statute, harassment is defined as including "repeated incidents of intrusive or unwanted acts, words, or gestures that have a substantial adverse effect ... on the safety, security, or privacy of another." [Thanks to Joel Sogol via Religionlaw listserv for the lead.]

Alaska Court Upholds Tax Exemption For Church-Owned Teacher Housing

In 2006, the Alaska legislature passed HB 334 which, among other things, extended local property tax exemptions to "the residence of an educator in a private religious or parochial school." Today's Anchorage Times reports that in a decision handed down on Thursday, an Alaska Superior Court judge upheld the constitutionality of the law. At issue was the exempt status of Anchorage Baptist Temple's housing for teachers. The court said that the exemption, as written, does not discriminate in favor of religion, because under the law both religious and non-profit secular schools can obtain exemptions by proving the same facts. The court left open the possibility of a further challenge if the law is administered in a way that favors religious organizations. (See prior related posting.)

Press Groups Support En Banc Reivew In Eagle Case

Defendant Winslow Friday is asking the U.S. 10th Circuit Court of Appeals for en banc review of a decision that upheld his prosecution under the Bald and Golden Eagle Protection Act for killing of an eagle to use in a tribal sun dance. (See prior posting.) In his review request, Friday has found unusual allies. The Wyoming Press Association and the Colorado Press Association have both filed motions to intervene to support the call for en banc review. The press groups object to the extensive review of "constitutional facts" undertaken by the Court of Appeals in its panel decision. Yesterday's Casper (WY) Star-Tribune reports that newspaper publishers fear the holding means they may have to defend defamation cases a second time on appeal, after they win at trial, instead of having the appellate court give deference to the findings of fact at trial.

Town Tries To Stop Catholic Radio Station After It Ends Ecumenical Programs

In Burlington, Connecticut, the town's planning and zoning commission has voted to issue a cease-and-desist order to prevent the Catholic Archdiocese of Hartford from continuing to use a radio tower on Johnnycake Mountain to transmit programming on its radio station, WJMJ-FM. Yesterday's Hartford Courant reports that the city contends the archdiocese is violating a 1987 agreement that ended lengthy zoning litigation. Under that arrangement, the archdiocese could operate the tower so long as the station was nonprofit and its programming multi-denominational. Now however the archdiocese has ended its 14 hours of ecumenical Sunday programming, called "Festival of Faith," and has replaced it with Catholic features.

Rev. John Gatzak, spokesman for the archdiocese, says that the Festival of Faith programming was not of high quality, and that the archdiocese has a responsibility to use its station for Catholic evangelizing. However, Gatzak has met with Protestant and Orthodox producers from "Festival of Faith" and agreed to discuss alternative ecumenical programs. [Thanks to Scott Mange for the lead.]

British Court Says Jewish School Can Admit Students On Basis of Religion

In Britain yesterday, a High Court judge upheld the policy of a leading government-funded Jewish school to give preference in admissions to "children who are recognised as being Jewish by the Office of the Chief Rabbi of the United Hebrew Congregation of the Commonwealth (OCR)." In R(E) v. Governing Body of JFS, (High Ct. QB Adm. Ct., July 3, 2008), three families were challenging the refusal of the Jewish Free School (JFS) to admit their children because they were not considered to be Jewish under Orthodox Jewish law. In each case, the child's mother had converted to Judaism. While normally the child of a Jewish mother is considered to be Jewish, in these cases for various reasons the mothers' conversions were not recognized as valid under Orthodox Jewish law. In the case of the lead plaintiff, the conversion had been performed by a rabbi in the Progressive movement. The court summarized the issue:

As will become apparent, the religious issue at the heart of this controversy – though not, I emphasise, a matter for determination by me – is the answer to the question, Who is a Jew? And, as will also become apparent, that is not a matter on which all those who conscientiously believe themselves to be Jews agree.

The main contention in the case by plaintiff was that JFS had engaged in racial discrimination in violation of the Race Relations Act 1976 since the determination of Jewishness was not based on belief or religious practice, but on ancestry. The court concluded, however, that

what one has here ... is at most discrimination on religious grounds between one part and another part of what the law recognises as a racial (ethnic) group, but ... not race discrimination.... [A] a policy which permitted preferences only on the basis of religious practice would prejudice religions, such as Judaism, which define membership exclusively by status and not by practice or observance.

Times Online reports on the decision. (See prior related posting.)

State Petitions To Get Medical Treatment For Amish Child

In Watertown, New York, the Department of Social Services has filed a petition in St. Lawrence County Family Court seeking to have a one-year old boy removed from his Amish parents and placed in foster care so he can receive medical treatment for his potentially fatal heart condition. WNYF TV News reported yesterday that Eli Hershberger needs open-heart surgery, but that his parents, Barbara and Gideon Hershberger, on religious grounds object to use of medical treatment and hospitals. The court has appointed the County Conflict Defender to represent the parents, and a guardian ad litem has been appointed to represent Eli's interests.

On a related issue, yesterday Religion News Service published an interview with Shawn Francis Peters, author of the book, When Prayer Fails: Faith Healing, Children and the Law. Asked to explain the theology behind various denominations' choice of prayer over medicine, Peters cited James 5:14 which reads: "Is any among you sick? Let him call for the elders of the assembly, and let them pray over him, anointing him with oil in the name of the Lord, and the prayer of faith will heal him who is sick, and the Lord will raise him up."

British Judge Says Sharia As Part of Arbitration Is OK

England's senior judge, Lord Chief Justice Lord Phillips, delivered a controversial speech on Thursday at a mosque in east London. The Mail reports that Phillips supported the possibility of using principles of Islamic Sharia law as part of an alternative dispute mechanism in family, marriage and financial disputes. He said in part: "'Those who are in dispute are free to subject it to mediation or to agree that it shall be resolved by a chosen arbitrator. There is no reason why principles of sharia law or any other religious code should not be the basis for mediation or other forms of dispute resolution." However, he said that any sanctions must be "drawn from the laws of England and Wales", so that severe physical punishment cold not be meted out by a Sharia arbitration panel. Opponents of the idea say, however, that this approach could disadvantage women.

Social Conservatives Adopt Declaration of American Values

A group of prominent social conservatives meeting in Denver this week adopted a "Declaration of American Values", whose introductory and concluding language use phrases from the Declaration of Independence. Its ten paragraphs focus on the right to life, marriage and family, parental rights, free exercise of religion, opposition to pornography, rights of private property (while acknowledging stewardship of the environment), right to own firearms, checks and balances so that the judiciary does not usurp power, a strong military and a fair tax system. Baptist Press yesterday reported that the attendees agreed to unite behind John McCain's presidential candidacy. Liberty Counsel's Mat Staver said that while McCain would not support all of the group's values, McCain would support more of them than would Barack Obama.

Belgian Court Says Patka Ban Violates Human Rights Convention

On Tuesday, according to Punjab Newsline, a Belgian court ruled that a uniform rule imposed by a public school, KTA Domein Speelhof, infringed the rights of Sikh students in violation of Art. 9 of the European Convention on Human Rights. The Hasselt Civil Court overturned the school's ban on Sikh boys wearing the Patka, finding that the school's ban on any head wear infringed on the Sikh students' right to practice their religion.

Santeria Adherent Fined For Animal Cruelty

App.com reports that in Spring Lake, NJ, Alain Hernandez was assessed fines and restitution fees totalling $900 after pleading guilty yesterday in Municipal Court to a charge of animal cruelty. Hernandez's mother is a Santeria priestess. Another Santero ritually killed a number of animals in a ritual designed to generate wealth. The Santero told Hernandez to put the carcasses in a wealthy community to get better results. That explains police finding chicken carcasses, dead fish, fruits and a dollar bill scattered on the beach at Spring Lake. Apparently no Free Exercise claims were raised by Hernandez.

9th Circuit Says California Law Does Not Ban Anti-Abortion Display Near Schools

The U.S. 9th Circuit Court of Appeals yesterday held that a California statute prohibiting anyone from disrupting a school or its pupils could not be applied to prohibit an anti-abortion organization from driving a truck around the perimeter of a middle school, displaying enlarged, graphic photos of early-term aborted fetuses. In Center for Bio-Ethical Reform, Inc. v. Los Angeles County Sheriff Department, (9th Cir., July 2, 2008), the court held that First Amendment concerns would be raised if California Penal Code, Sec. 626.8 were read to apply to situations in which officials merely object that the content of speech is offensive to students. The court said the statute should be construed to apply only when disruptions are caused by the manner, rather than the content, of speech. However the court held that officers have qualified immunity as to plaintiffs' claim for damages because previously it was not clear that case law prohibiting a "heckler's veto" applied where the target audience is children. The court remanded the case for consideration by the trial court of injunctive relief.

In a press release reacting to the decision, the Center for Bio-Ethical Reform said: "We are grateful to God for granting the Founding Fathers the wisdom to create appellate courts which can rectify the mistakes of trial court judges.... The First Amendment means nothing if it doesn't mean the right to show people things they don't want to see."

2nd Circuit Rejects Capital Defendant's Challenge To Evidence About His Religious Beliefs

In United States v. Fell, (2d Cir., June 27, 2008), the U.S. 2nd Circuit Court of Appeals rejected the challenge by a defendant who had been sentenced to death to the introduction of evidence at penalty stage of his trial regarding his religious beliefs. The court found that testimony regarding defendant Donald Fell's interest while incarcerated awaiting trial in the Muslim and Native American religions, and his filing of grievances regarding participation in religious rituals, were relevant to whether or not Fell had successfully adjusted to prison. Testimony about Fell's past interest in Satanism was more troubling to the court. The court concluded, however, that it did not prejudice Fell sufficiently to call for a new trial, especially since the trial court had instructed the jury that it could not consider Fell's religious beliefs in rendering its verdict.

LAPD Officer Sues Department Claiming Religious Discrimination

Yesterday's Los Angeles Times reports that L.A. police officer Sgt. Eric Holyfield, who is also a pastor, has filed a religious discrimination lawsuit in state court against the Los Angeles Police Department and Deputy Police Chief Charlie Beck. Holyfield alleges that he was passed up for promotions and raises after he preached a controversial eulogy at the funeral of another police officer, Nathaniel Warthon Jr. Holyfield, dressed in black clerical attire, identified himself as a police sergeant and Warthon's supervisor as he spoke at the funeral. In his eulogy, he said that homosexual acts are "sinful" and would lead to condemnation in hell if there was not repentance. Holyfield quoted Biblical passages that condemn homosexuality. After the funeral, Deputy Chief Beck filed a formal complaint against Holyfield. Holyfield says that Beck's actions were motivated by "religious biases." The complaint in his lawsuit alleges that LAPD has "historically discriminated . . . and continues to discriminate against officers that cite from the Holy Bible."