RLUIPA Challenge To Zoning Denial For Counselling Center Fails

In Calvary Temple Assembly of God v. City of Marinette, Wisconsin, 2008 U.S. Dist. LEXIS 55500 (ED WI, July 21, 2008), a Wisconsin federal district court rejected a RLUIPA challenge brought by a church that wanted a special exemption to locate a professional counselling center on land next to its church building. The City of Marinette concluded that the proposed faith-based counselling center would be a "professional office," a use not permitted in areas zoned residential. The court held that it need not decide whether the counselling center would be a "religious exercise" under RLUIPA because, even if it was, the church failed to show that the zoning denial imposed a "substantial burden" on its religious exercise.

Student Activity Fee Policy At Wayne State Challenged

At Wayne State University in Detroit (MI), a registered student group, Students for Life, has filed a federal lawsuit against the university challenging its policy on the spending of student activity fees. According to yesterday's Battle Creek Enquirer, last spring the the Student Council denied the group's request for $4000 to support a week of anti-abortion events because of "spiritual and religious" references, even though the group says it has no specific religious affiliation. Events included having one's picture taken with a model of a fetus. The lawsuit alleges that the funding denial amounts to unconstitutional viewpoint discrimination.

Suit Challenges Exclusion of Religious Literature From Distribution to Students

Alliance Defense Fund yesterday announced that it had filed a lawsuit in federal district court in Arizona on behalf of the First Baptist Church of Maricopa and its pastor, Jim Johnson, challenging Maricopa County school district's policy on distribution of literature by nonprofit groups. The school, after months of delay, denied Johnson's request that he be allowed to distribute a flyer on one of his church's weekly programs for high school students-- its Awana Journey 24 Club, a weekly Bible study program. School policy permits nonprofit groups to have their literature promoting various events and activities made available to students in schools. However the policy excludes literature from any sectarian organization or literature that promotes a particular religious belief or participation in religion. The complaint (full text) alleges that the denial violates plaintiffs' First and 14th Amendment rights and their rights under Arizona's Religious Freedom Restoration Act.

UPDATE: An ADF release dated Aug. 13 says that Maricopa Unified School District has reversed its position and will now permit the church's flyers to be distributed.

Senate Judiciary Committee Holds Hearings on Polygamous Sects

The U.S. Senate Judiciary Committee has posted the testimony presented by eight witnesses at yesterday's hearings on Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response. The hearings, which coincided with Utah's Pioneer Day, received wide coverage in the media. Some of the most extensive coverage appeared in yesterday's Deseret News , in the Salt Lake Tribune and at CNN. Senate majority leader, Harry Reid, who is a convert to Mormonism and the Senator who has led the call for hearings and the creation of a federal task force, told the Senate panel:

We do honor our pioneer ancestors by condemning those who have wrongfully cloaked themselves in the trappings of religion to obscure their true criminal purposes.... I am here to tell you that polygamist communities in the United States are a form of organized crime.... The most obvious crime being committed in these communities is bigamy, child abuse — teen and pre-teen girls are forced to marry older men and bear their children. But the criminal activity that goes on in these places is far broader. Witnesses at this hearing will describe a web of criminal conduct that includes welfare fraud, tax evasion, massive corruption and strong-arm tactics to maintain the status quo.

(See prior related posting.)

Pennsylvania Supreme Court Affirms Invalidation of Ethnic Intimidation Law

On Wednesday, the Pennsylvania Supreme Court issued a 2-sentence per curiam order affirming last year's decision by a Pennsylvania appellate court striking down amendments to the state's ethnic intimidation law. The law was amended in 2002 to add sexual orientation and several other categories to its previous coverage of crimes committed because of race, religion or national origin. In Marcavage v. Rendell, (PA Sup. Ct., July 23, 2008) the state Supreme Court agreed that the 2002 amendments violated the state constitution's ban on amending bills during the legislative process to change their original purpose.

The lawsuit challenging the statute was brought by several Christian evangelists, who were members of Repent America. A press release was issued by one of their attorneys, the Foundation for Moral Law. FML head, former Alabama Supreme Court Chef Justice Roy Moore, said: "We are very happy that the Pennsylvania Supreme Court has ruled in our favor to stop the Governor and a group of corrupt politicians from sneaking a 'hate crimes' bill through the Pennsylvania legislature. Preaching to homosexuals about the sin of sodomy should not be made a 'thought crime' in Pennsylvania or any other state."

Suburban Seattle Residents Sue To Prevent Church From Hosting Tent City

The Seattle (WA) Times on Wednesday reported on a lawsuit filed earlier this month seeking to prevent religious leaders on suburban Mercer Island from hosting Tent City 4, an encampment for the homeless. The city of Mercer Island granted a temporary use permit for the encampment to set up at the Mercer Island United Methodist Church from August 5 to November 10. Greg Asimakoupoulos, president of the Mercer Island Clergy Association, said: "We don't want to be viewed as the suburb of the city that's blind to the needs of people of metropolitan Seattle." However a group of Mercer Island neighbors, calling themselves the Mercer Island Citizens for Fair Process, are seeking an injunction arguing that Tent City 4 will be a nuisance. They also argue that their rights under the due process clause were violated. A hearing on a temporary restraining order is set for Monday.

UPDATE: On July 28, a King County (WA) judge denied a request for a restraining order to prevent Tent City 4 from coming to Mercer Island. According to the Mercer Island Reporter, Judge Michael J. Fox said that plaintiffs had not shown a likelihood of success on the merits at trial.

11th Circuit Holds Parental Rights Can Trump Child's 1st Amendment Protections

Yesterday in Frazier v. Winn, (11th Cir., July 23, 2008), the U.S. 11th Circuit Court of Appeals handed down a decision on the clash between parental rights to control the upbringing of their children and a child's own First Amendment rights. While the case focused on free speech issues, it presumably impacts similar Free Exercise clashes. At issue was a facial challenge to Florida's statute that provides a student must be excused from reciting the Pledge of Allegiance upon written request of his or her parent. In the case, the district court had concluded that the statute unconstitutionally "robs the student of the right to make an independent decision on whether to say the pledge."

The Court of Appeals disagreed, saying:

The rights of students and the rights of parents—two different sets of persons whose opinions can often clash—are the subject of a legislative balance in the statute before us. The State, in restricting the student’s freedom of speech, advances the protection of the constitutional rights of parents: an interest which the State may lawfully protect.... Although we accept that the government ordinarily may not compel students to participate in the Pledge... we also recognize that a parent’s right to interfere with the wishes of his child is stronger than a public school official’s right to interfere on behalf of the school’s own interest....

Even if the balance of parental, student, and school rights might favor the rights of a mature high school student in a specific instance, Plaintiff has not persuaded us that the balance favors students in a substantial number of instances—particularly those instances involving elementary and middle school students—relative to the total number of students covered by the statute.... We therefore decline to validate Plaintiff’s facial challenge.

The Court of Appeals also held unconstitutional that the portion of Florida's statute that requires students who are excused from reciting the pledge to nevertheless stand while others recite it. The AP reports on the court's decision. [Thanks to How Appealing for the lead.]

AU Seeks Investigation of Church-Sponsored Program At Army Base

In a letter yesterday (full text) to the Department of Defense's Acting Inspector General, Americans United for Separation of Church and State called for an investigation of the "Free Day Away" program at Fort Leonard Wood (MO) Army base. (AU Release). AU's letter alleges that soldiers at Fort Leonard Wood are given only two days off during their 8 weeks of basic training. One of these is "Free Day Away", sponsored by Tabernacle Baptist Church of Lebanon, MO. A church bus picks up trainees at the military base and takes them for a day of recreation which ends with a required church service during which soldiers are urged to accept Jesus as their personal savior. AU says: "Trainees are given the impression that the event is sponsored by the Army and that they must attend. If they do not attend, they have to remain on the base and continue with training, while those who attend the event have a break for the day." AU says the program involves unconstitutional endorsement of religion and coercion of religious belief.

10th Circuit: Exclusion of Pervasively Sectarian Schools From Scholarships Is Invalid

In an important decision interpreting the scope of the Supreme Court's 2004 Locke v. Davey decision, yesterday the 10th Circuit Court of Appeals held that Colorado acted unconstitutionally in excluding from its college scholarship program students who attend "pervasively sectarian" institutions. In Colorado Christian University v. Weaver, (10th Cir., July 23, 2008), the court found that the exclusion "expressly discriminates among religions without constitutional justification, and its criteria for doing so involve unconstitutionally intrusive scrutiny of religious belief and practice."

The court analyzed extensively Colorado's statutory criteria for determining that an institution is not "pervasively sectarian". Some of the criteria focus on whether students, faculty, trustees or funding sources are predominately of "one particular religion". The court observed that this requires government officials to decide which groups of believers count as a single religion. For example, do all Christians count as a single religious group?

The court held that "if the State wishes to choose among otherwise eligible institutions, it must employ neutral, objective criteria rather than criteria that involve the evaluation of contested religious questions and practices." The court said it did not need, in this case, to decide the exact level of scrutiny that should be applied when states discriminate in funding between denominations because in this case "the State scarcely has any justification at all." Yesterday's Examiner reported on the decision. [Thanks to Steve Sheinberg for the lead.]

UPDATE: On Aug. 1, Colorado's Department of Higher Education announced that the state will not appeal the 10th Circuit's decision to the U.S. Supreme Court. [Thanks to How Appealing for the lead.]

Belarus Fines Organizer of "Too Small" Bible Discussion Group

The Belorussian Law on Freedom of Conscience and Religion provides that a new religious organization must have at least 20 members over the age of 18 to receive government recognition. BosNewsLife reported yesterday that Valentin Borovik was convicted of violating this law by the Grodno Regional Court after he organized an informal Christian Bible discussion group of less than 20 people. On July 9, Borovik was fined the equivalent of (US) $150, despite his argument that he was not intending to form a new religious group.

4th Circuit Upholds City Council Mandate For Non-Denominational Invocations

Yesterday in Turner v. City Council of Fredericksburg, (4th Cir., July 23, 2008), the U.S. 4th Circuit Court of appeals upheld the policy of Fredericksburg, Virginia's city council requiring prayers which open its sessions to be nondenominational. In an opinion by former U.S. Supreme Court Justice Sandra Day O'Connor, sitting by designation on the case, the court held that legislative prayer is government speech. The city's policy was challenged by Hashmel Turner, a Baptist minister who was elected to city council. When his turn to offer an invocation came, Turner wanted to close by praying in the name of Jesus. The court held that council's policy precluding such prayer violates neither the Establishment Clause nor Turner's free exercise rights. The court concluded:

Turner was not forced to offer a prayer that violated his deeply-held religious beliefs. Instead, he was given the chance to pray on behalf of the government. Turner was unwilling to do so in the manner that the government had proscribed, but remains free to pray on his own behalf, in nongovernmental endeavors, in the manner dictated by his conscience. His First Amendment and Free Exercise rights have not been violated

In a release praising the decision, People for the American Way said that the ruling "is a vindication of the constitutional principle that the government must not take sides when it comes to religion." On the other hand, the Rutherford Institute which had represented Turner issued a release criticizing the decision, saying: "If the government can censor speech on the grounds that it is so-called 'government speech,' it will not be long before this label becomes a convenient tool for silencing any message that does not conform to what government officials deem appropriate." The Institute said it would ask the U.S. Supreme Court to review the decision.

Cult Leader Says Lying Naked With Girls Is Religious Healing Practice

In Ranton, New Mexico last Friday, Wayne Bent was indicted for inappropriately touching three minor girls while "lying naked" with them. Tuesday's Raton Rage reports that Bent, known to his followers as Michael Travesser, is the leader of The Lord Our Righteousness Church. He was arrested in May after police and social workers removed three teenagers from his Strong City compound. (See prior posting.) Bent (Travesser) claims that his practice of lying with naked children is a "religious healing practice" and does not have sexual connotations. Bent's attorney has moved to have the indictment dismissed.

Al-Aqsa TV Promotes Extremism Via Children's Show That Reaches Britain

Yesterday's London Telegraph reports on the children's show, Tomorrow's Pioneers, broadcast on the al-Aqsa television channel, a satellite channel set up by Hamas that broadcasts from the Gaza Strip. (Background on channel.) The channel has a substantial following in the Arab world, and can be received in Britain. The show currently features a Bugs Bunny type character named Assud who often promotes radical Islamic stances. In one episode Assud says he will kill and eat all Danish people in retaliation for caricatures of the Prophet Muhammad which appeared in Danish newspapers. In a July 11 episode, Assud is seduced by Satan into stealing money from his father. The studio audience and a phone-in audience as well discuss whether Assud's hands should be cut off for the offense. Eventually the host rules that only Assud's ear should be cut off. MEMRI has video clips with English subtitles and English language transcripts of this and several other episodes. YouTube also has a number of clips of the program with English subtitles. A spokesman for Britain's Association of Muslim Schools says the organization is opposed to any shows that incite violence.

HHS Considers Expanding Doctors' Rights of Conscience

The Department of Health and Human Services (HHS) is proposing to expand the rights of doctors who have religious objections to prescribing contraceptives that can cause the expulsion of a fertilized egg. This week's US News & World Report says that HHS is circulating to members of Congress a draft of rules that would prohibit federally funded medical facilities—including teaching hospitals and Planned Parenthood clinics—from refusing to hire doctors who object to dispensing such contraceptives. It is already illegal to refuse to hire doctors who object to performing abortions. These rules would protect those who believe that life begins at the moment of fertilization, even if the fertilized egg is not yet implanted in the womb. The Christian Post reports that on Monday, 104 members of the House of Representatives signed a letter to President Bush urging him to stop the new rules. Among other things, they object to the fact that the new rules would pre-empt state laws requiring hospitals to make emergency contraception available for rape victims.

UPDATE: Here is the full text of the draft rules being considered. [Thanks to Blog from the Capital for the lead.]

Texas Grand Jury Indicts Jeffs and Other FLDS Members

Yesterday in Eldorado, Texas a state grand jury issued indictments against former FLDS leader Warren Jeffs and five others, apparently based on evidence seized during a widely-publicized raid on the religious group's YFZ Ranch in April. AP and the San Angelo (TX) Standard-Times report that Jeffs and four others were charged with sexually assaulting girls under 17, and one of Jeffs' four followers was also charged with bigamy. A sixth individual was charged with failing to report child abuse. Jeffs who is already in jail has been convicted of related charges in Utah and is awaiting trial in Arizona. (See prior related posting.)

DoD Inspector General Finds Religious Discrimination In Tenenbaum Case

The Project on Government Oversight yesterday made available a July 13 Department of Defense Inspector General's Report (full text) on the case of Army employee David Tenenbaum. In a series of events beginning in 1997, Tenenbaum, an Orthodox Jew, lost his access to classified information and had his security clearance revoked on the basis of unsubstantiated allegations that he was spying for the state of Israel. The IG's report found that Tenenbaum was the subject of inappropriate treatment by investigative officials who used an investigation to upgrade his security clearance "as a ruse for a counterintelligence investigation." The Report concluded that:

Mr. Tenenbaum was subjected to unusual and unwelcome scrutiny because of his faith and ethnic background, a practice that would undoubtedly fit a definition of discrimination, whether actionable or not.

In the case, the U.S. Attorney had declined to prosecute because of insufficient evidence. Tenenbaum had brought two lawsuits alleging disparate treatment and civil rights violations. One was dismissed because defendants would need to disclose state secrets in their defense, and the other because security clearance issues were found non-justiciable. In 2003, Tenenbaum's security clearance was restored and upgraded.

EEOC Issues New Guidance On Issues of Religious Discrimination

Yesterday the EEOC issued consolidated and updated guidelines for investigating and analyzing charges of religious discrimination. New Section 12 of the EEOC Compliance Manual also contains numerous examples to help employers understand their obligations under Title VII of the 1964 Civil Rights Act. Business Week quotes an EEOC spokesman who said the new guidelines were issued as a result of a growing number of religious discrimination complaints. The number doubled between 1992 and 2006.

UPDATE: The EEOC also issed a press release, a question-and-answer fact sheet and best practices booklet along with the new guidelines. [Thanks to Melissa Rogers for the lead.]

Israeli Court Fines Recalcitrant Husband In Divorce Proceeding

In Israel, Jerusalem's Family Court has ruled that a wife may recover damages for mental anguish when a husband refuses to grant her a religious divorce ("get"). Haaretz today reports on the decision which awarded the damages after a husband refused to follow orders of a Rabbinic Court to grant his wife a divorce. Judge Ben-Zion Greenberger ruled, however, that damages could also be awarded even where women did not have a Rabbinic Court order.

Pastor's Candidacy For City Council Creates Church-State Concerns

The Arizona Republic reports on issues raised by the candidacy of Kevin Hartke for Chandler, Arizona City Council. Hartke is pastor of Trinity Christian Fellowship. He was originally appointed to Council to fill the seat of a member who was called to active military duty. A fellow-clergyman, Rev. Tom Rakoczy of Chandler First Assembly of God Church, has asked Hartke to remove a campaign sign that was near Rakoczy's church out of concern that it might appear that his church was endorsing Hartke. Also, Hartke says it is difficult to separate his two roles, especially when congregants approach him at Sunday services about municipal issues.

Suit Challenges Illinois Grant To Help Rebuild Historic Church

In Chicago last week, atheist activist Rob Sherman filed a state court lawsuit against Illinois Governor Rod Blagojevich and other state officials challenging a $1 million state grant to help rebuild Chicago's historic Pilgrim Baptist Church. The church was severely damaged by fire in 2006. The state grant is to go toward rebuilding the church's administration building that housed a school, and historical documents.(See prior posting.) The complaint (full text) alleges that while the grant agreement provides state funds are not to be used to further sectarian activities, the state-funded portion will be identified with the church, the grant will allow the church to divert $1 million in its own funds toward the promotion of religious activities, and there is no meaningful way to segregate the non-religious from the religious uses of the building. It also alleges that the agreement provides no enforcement mechanism after two years. The suit alleges violations of the Establishment Clause as well as various provisions of the Illinois Constitution that effectively bar expenditures for religious purposes.

Today's Chicago Tribune reports that Sherman's lawsuit comes after Sherman received a large inheritance from his mother last year. This allows him to operate on more than the shoestring budget that characterized his earlier challenges to government favoritism for religion.

UPDATE: The AP reports that on Friday, a Sangamon County circuit judge approved plaintiff's moving ahead with his taxpayer suit against the state Comptroller and the Department of Commerce and Economic Opportunity, but required that Gov. Blagojevich be dropped as a defendant.

Court Says Historic Preservation Laws Invalidate Permit For Church Parking Lot

In Topeka, Kansas yesterday, a Shawnee County district judge ruled that Topeka City Council violated state historic preservation laws when it approved an application by Grace Episcopal Cathedral to build a parking lot on a site listed on the Register of Historic Kansas Places. Today's Topeka Capital-Journal reports that the ruling comes in a challenge to the city's action filed by Friends of Bethany Place who argued that historic preservation laws apply to trees on the property as well as buildings. (See prior posting.) The church insists that denying it permission to build violates its free exercise rights.

Court Invalidates Exclusion of Chaplains From Court Martial Panels

Article 25 of the Uniform Code of Military Justice provides that any commissioned officer on active duty is entitled to serve on a court martial panel. However all branches of the armed forces have a policy of exempting chaplains from serving on courts martial. The Army also excludes medical personnel and inspectors general. (Army Regulation 27-10, Chapter 7). In United States v. Bartlett, (US Ct. App. A.F., July 7, 2008), the U.S. Court of Appeals for the Armed Forces held that Army regulations excluding chaplains, medical personnel and inspectors general from serving are invalid. However, the court refused to order a new sentencing hearing for appellant, finding that the error involved was harmless. The ruling was handed down after the court granted discretionary review in the case of an Army Lieutenant Colonel convicted of unpremeditated murder and sentenced to 25 years in prison and dismissal from the Army. Judge Erdmann concurred, but took issue with language in the majority decision suggesting that improper court member selection would never be considered to be "structural error". [Thanks to Charlotte E. Hunter for the lead.]

Senate Judiciary Committee Will Hold Hearings on Crimes Associated With Polygamy

The U.S. Senate Judiciary Committee will hold a hearing this Thursday on "Crimes Associated with Polygamy: The Need for a Coordinated State and Federal Response." (Official witness list.) Today's Salt Lake Tribune reports that attorney Rod Parker, a spokesman for the polygamous FLDS Church, has complained that FLDS members have not been given equal time to testify. FLDS spokesman Willie Jessop and several other FLDS members will observe the hearing, and an official FLDS statement will be presented to be read into the record.

New Hampshire School District Sued Over Flyer Distribution Policy

In Concord, New Hampshire, Patricia Regan who is assistant director of her local church's Vacation Bible School, yesterday filed suit in federal district court challenging the flyer distribution policy of the Hudson (NH) School District. In her complaint (full text), Regan alleges that the school district allows nonprofit community organizations to distribute flyers to be sent home with students through the Principal's office so long as the flyers contain an appropriate disclaimer. However, the schools do not permit flyers containing religious content to be distributed. The lawsuit, announced yesterday by Alliance Defense Fund, claims that the exclusion of religious material violates plaintiff's First and Fourteenth Amendment rights.

McCain, Obama To Make First Joint Appearance At Saddleback Church Forum

According to yesterday's Christian Post, the first joint appearance by John McCain and Barack Obama will be on August 16 at Lake Forest, California's Saddleback Church. The occassion is the Saddleback Civil Forum on Leadership and Compassion, sponsored by Faith in Public Life. Each candidate will appear separately and be questioned for about one hour by Pastor Rick Warren on how they make decisions and on faith and on moral issues such as poverty, AIDS, climate change and human rights. Warren, who wrote the best-selling book "The Purpose-Driven Life", personally invited each candidate to the Forum. Also reporting on the planned event, yesterday's New York Times quoted Warren as saying: "Since I'm their friend, I’m not going to give them any gotcha questions."

The Forum, which will be open to the media, will be the only joint appearance by the two candidates before their parties' respective national conventions. At the same time, Warren will convene an interfaith meeting of some 30 Christian, Jewish and Muslim leaders to discuss joint social projects. The next day, Warren will deliver a special sermon at Sunday services entitled "Making Up Your Mind: Questions to Consider before the Election."

Jehovah's Witnesses Allegedly Being Targed By Russian Authorities

The Other Russia reported yesterday that government authorities in a number of Russian regions have increasingly moved against members of the rapidly-expanding Jehovah's Witness faith. In Yekaterinburg, Federal Security Service (FSB) agents seized literature that allegedly incited hatred and promoted the exclusivity of the Jehovah's Witness faith. In the Rostov Oblast, Jehovah's Witnesses are being tried for "extremism" under Article 282 of the Russian Criminal Code that prohibits "Incitement of National, Racial, or Religious Enmity". In Murmansk, Jehovah's Witnesses were prevented from holding services scheduled for a stadium under a law that prohibits using sporting facilities for religious purposes.

UPDATE: A Forum 18 report on July 22 says that Russian authorities have prevented about eight Jehovah's Witness congresses being held this summer while about thirty have gone ahead.

Recently Available Prisoner Free Exercise Cases

In Meyer v. Wisconsin Department of Corrections, 2008 U.S. Dist. LEXIS 51362 (WD WI, July 3, 2008), a Wisconsin federal distict court permitted an inmate who claimed to be an "hereditary shaman" to proceed on his RLUIPA claim alleging that his religious exercise was substantially burdened when officials refused his request for prayer beads.

In Copenhaver v. Burnett, 2008 U.S. Dist. LEXIS 53040 (ED MI, July 11, 2008), a Michigan federal district judge agreed with a magistrate's recommendation to dismiss a Jewish inmate's claim that in 2006 he was prevented from celebrating a Passover Seder. In ordering dismissal the judge accepted some, but not all, of the magistrate's conclusions. UPDATE: The Magistrate's recommendations are at 2007 U.S. Dist. LEXIS 97373.

In Brown v. D.O.C. PA, (3rd Cir., Feb 19, 2008), decided several months ago, the U.S. 3rd Circuit Court of Appeals agreed with the district court that an inmate had not shown that he was placed in solitary confinement in retaliation for his religious beliefs. It also rejected plaintiff's First Amendment claim arising from authorities taking from him a newspaper published by the Five Percenters (Nation of Gods and Earths).

Ministerial Exception Held To Apply To Title IX Cases

A decision handed down several months ago by a Pennsylvania federal district court in a long-running sex discrimination case has just become available on Lexis. In Petruska v. Gannon University, the 3rd Circuit in 2006 held that the "ministerial exception" prevented a female chaplain at Gannon University, a diocesan college, from bringing a Title VII employment discrimination claim that she was demoted solely because she was a woman. (See prior posting.) The Supreme Court denied cert. Then Ms. Petruska attempted to amend her complaint to allege discrimination in violation of Title IX which applies to colleges receiving federal financial assistance. Now in Petruska v. Gannon University, 2008 U.S. Dist. LEXIS 54884 (WD PA, March 31, 2008), the court held that the ministerial exception applies equally to claims under Title IX.

Welsh Mayor Wants Town's Ban on "Life of Brian" Lifted

In Britain, Sue Jones-Davies, mayor of the Welsh town of Aberystwyth, wants her town to lift its nearly 30-year old ban on the Monty Python movie, Life of Brian. BBC News reported the story on Saturday. Long before becoming mayor, Jones-Davies was in the movie, playing a revolutionary named Judith Iscariot. She was featured in a nude scene with the film's hero, Brian. A number of areas in Wales banned the movie as blasphemous in 1979. Urging that the ban be lifted, Jones-Davies said: "I would like to think that any religion would have the generosity to see the film for what it is, which is a comedy." [Thanks to Scott Mange for the lead.]

Bhutan's New Constitution Signed-- Deals With Religious Freedom and Heritage

According to Zee News, the country of Bhutan on Friday formally became a democratic constitutional monarchy as King Jigme Khesar Namgyel signed the country's new Constitution (full text). The new Constitution, which calls on the government "to promote those conditions that will enable the pursuit of Gross National Happiness" (Art. 9, Sec. 2), has been endorsed by the country's Parliament. The new document contains a number of provisions relating to religion and freedom of conscience.

Art. 7, Sec. 4 provides: "A Bhutanese citizen shall have the right to freedom of thought, conscience and religion. No person shall be compelled to belong to another faith by means of coercion or inducement." Art. 15, Sec. 3 provides: "Candidates and political parties shall not resort to regionalism, ethnicity and religion to incite voters for electoral gain."

Article 3 of the new Constitution deals with "Spiritual Heritage". It provides that "Buddhism is the spiritual heritage of Bhutan," and that the king is the "protector of all religions in Bhutan." The king appoints the Je Khenpo, the head of the country's central monastic body. Art. 3, Sec. 3 also provides: "It shall be the responsibility of religious institutions and personalities to promote the spiritual heritage of the country while also assuring that religion remains separate from politics in Bhutan. Religious institutions and personalities shall remain above politics." Implementing this, the country's election law makes Buddhist monks ineligible to run for office or vote. (See prior posting.) More background is on the website of the Constitution Drafting Committee.

Colorado Church Group Seeking Ballot Measure On Moment of Silence

The Colorado Secretary of State's office last week approved the circulation of an initiative petition calling for schools to provide five minutes for private meditation at the beginning of each school day. According to the Denver Post (July 17), the petition was filed by Bishop Kevin Foreman and his 2-year-old Final Harvest Christian Center in Aurora. In order to get the proposal on the November ballot, 76,000 signatures must be collected by August 4. According to 9News yesterday, the Interfaith Alliance of Colorado released a statement opposing the proposal, saying "we believe public schools are for education and not religious worship, rituals, or indoctrination." Some teachers are concerned about the loss of instructional time that would be created by such a long period for prayer each day.

Dobson Says He May Endorse McCain

In remarks scheduled for broadcast on his radio show today, conservative Christian leader James Dobson says he is considering reversing his former position and endorsing Sen. John McCain for president. In a statement given to AP, Dobson said: "Barack Obama contradicts and threatens everything I believe about the institution of the family and what is best for the nation. His radical positions on life, marriage and national security force me to reevaluate the candidacy of our only other choice, John McCain." (See prior related posting.)

Today Is Anniversary of Scopes Trial

Today, according to Wired, is the 83rd anniversary of the end of the famous "Scopes Monkey Trial" in which high school teacher John Scopes was found guilty of violating a Tennessee law against teaching evolution. The Advocate yesterday reviews a new account of the trial written for young adults in free verse form. Ringside 1925 by Jen Bryant is an account of the trial from the persepctives of nine people watching it. It was published by Knopf Books for Young Readers in February 2008.

Georgia Church Wins Partial RLUIPA Victory

In a case decided several months ago, but which has just become available, a Georgia federal district court upheld a claim by a church that a 2004 amendment to Marietta, Georgia's zoning ordinance violates the "equal terms provision" of the Religious Land Use and Institutionalized Persons Act. In Covenant Christian Ministries, Inc. v. City of Marietta, Georgia, 2008 U.S. Dist. LEXIS 54304 (ND GA, March 31, 2008), the court concluded that removing religious uses as permitted uses in residential districts, however, had not been shown to substantially burden plaintiffs' free exercise of religion, nor did it violate the nondiscrimination provisions of RLUIPA. (See prior related posting.)

NYT Magazine Profiles DNC Official In Charge Of Religious Outreach

Today's New York Times Magazine, in a long article titled Can Leah Daughtry Bring Faith to the Party?, profiles Democratic National Committee Chair Howard Dean's chief of staff, Leah Daughtry. Daughtry, who is also a part-time Pentecostal preacher, was placed by Dean in charge of this year's Democratic convention. Part of her role as Dean's chief of staff has been to attract religious believers to the party. She created a team, known as Faith in Action, to reach out to religious voters. She also set up a 60-member Faith Advisory Council.

Texas Court Upholds Firing of Pastors By Church Elders

Friday's Houston Chronicle reports that a state district court judge has agreed with a special master's findings in a long-running internal dispute at the Korean Christian Church of Houston. The church split last September in a dispute over finances. In November, church elders fired youth pastor Seung Woong Ok. In response, senior pastor,Paul C. Park said he was dismissing the board of elders. The Board of Elders immediately fired Park. However the pastors refused to step down. The Elders sought a temporary restraining order, while the pastors called a meeting of supportive congregants who voted to oust the Elders. The dispute led to disruption at worship services and police were called in several times. In December, the Elders excommunicated 100 members and 20 were warned that the police would arrest them for criminal trespass if they came onto church property. Since then, the competing groups have held separate Sunday services at different locations.

Both sides asked the court to step in. Special Master E. Michelle Bohreer decided that the Elders had authority to fire the pastors and that the meeting Park organized to dismiss the elders was invalid. In the underlying dispute over finances, the special master said that the church is not obligated to issue an annual financial report, allow inspection of its records or submit to a financial audit. Those findings were approved by District Judge Elizabeth Ray who ordered that the pastors be enjoined from coming within 500 feet of the church and that they pay the prevailing parties' attorneys fees. The attorney representing a group of excommunicated deacons says he will ask the court to enter a final judgment so an appeal can be filed.

UPDATE: The Houston Chronicle reports that a final judgment was issued on Oct. 31.

Messianic Jewish Prisoners Claim Discrimination In Denial of Kosher Meals

At Mansfield, Ohio's Richland Correctional Institution, four Messianic Jews have filed a grievance with the Ohio Department of Rehabilitation and Correction complaining that they are denied kosher meals. In his grievance, inmate Ronald Lutz argued that the denial amounts to religious discrimination. According to yesterday's Mansfield News Journal , ODRC religious-services administrator Rev. Gary Sims says Messianic rabbis informed ODRC that kosher meals are not a basic tenet of their faith. Sims somewhat inaccurately described kosher meals as ones that are "blessed and sanctioned by the Jewish community for those with Jewish faith, so the food is not contaminated." Messianic Jews are classified by the Ohio prison system as Protestants, and only Jews are allowed requests for kosher meals in Ohio prisons.

Italian High Court Says Rastafarians Protected In Marijuana Use

Earlier this month, in a ruling that breaks new ground in Europe, Italy's high court-- the Court of Cassation -- reversed the conviction of a Rastafarian for trafficking in marijuana. According to a July 10 report by Reuters, the court ruled that Rastafarians should be given special consideration in determining how much marijuana exceeds requirements for personal use since the drug is considered by Rastafarians to be a sacrament. Drug War Chronicle says that possession of small amounts of marijuana is not a crime in Italy. According to London's Independent, Italian Interior Ministry officials say the decision undercuts the country's drug laws.

China Imposes Special Rules For Sports Chaplains At Olympics

The Canadian Press reported Friday on the special rules imposed by the government of China on sports chaplains who traditionally accompany athletes to Olympic games. Daily religious services will be available to athletes at next month's Olympics, but they will be run by Chinese religious leaders and seminary students. At other Olympic games, members of the international confederacy of sports chaplains have officiated, however foreign chaplains are not being used this year. China generally prohibits its citizens from attending religious services conducted by foreigners. China is printing 100,000 copies of the New Testament with special Olympic logos; foreigners are restricted in bringing religious materials into the country. Some countries are sending official chaplains with their Olympic teams. Six unofficial chaplains from different countries (including the U.S. and Canada) will also be in China "on call" if their services are needed for counselling. (See prior related posting.)

Texas Board Gives Final Approval To Bible Course Guidelines

The Abilene (TX) Reporter News and the Dallas Morning News both report that on Friday, the Texas State Board of Education gave final approval to guidelines for elective courses on the impact of the Hebrew Bible (Old Testament) and New Testament on the History and Literature of Western Civilization. (Full text of Guidelines and summary of public comments). By a vote of 10-5, the Board adopted general guidelines rather than the more specific ones urged by some state legislators concerned with the constitutionality of the courses. The Dallas Morning News reported earlier this month that state Attorney General Greg Abbott told the state board that the proposed guidelines appeared to comply with the First Amendment's requirement of neutrality, but that he could not say whether any particular course would be constitutional without reviewing the details of how the guidelines are implemented in the course. Because the guidelines received a two-thirds vote, schools will be able to put courses in place for this fall. (See prior related posting.)

Website Tracks Religious Rhetoric In Presidential Campaign

Earlier this month, the Berkley Center for Religion, Peace & World Affairs launched it Faith 2008 database. The website tracks religious rhetoric in the Presidential campaign by candidate and theme. The site also gives historical and international examples of religious rhetoric in politics.

Counsellor Fired For Refusing Client Seeking Advice On Same-Sex Relationship

Alliance Defense Fund announced last Tuesday the filing of a religious discrimination lawsuit on behalf of Marcia Walden, a professional counsellor whose employer was under contract to provide counselling services to employees of the federal Center for Disease Control. The complaint (full text) filed in federal district court in Atlanta alleges that Walden was fired after she refused on religious grounds to counsel a client on repairing a troubled lesbian relationship. Doing so would have violated Walden's Christian religious beliefs. Walden instead referred the client to a fellow counsellor who had different religious views. The suit alleges that the action taken against Walden violates her speech, free exercise and due process rights, the Religious Freedom Restoration Act, and Title VII of the 1964 Civil Rights Act.

Britain to Sponsor Muslim Scholars For Study On Islam and Western Values

BBC News reported yesterday that the British government will fund creation of a group of scholars, to be hosted by Oxford and Cambridge Universities, who will examine issues relating to Islam's role in Britain and the obligations of Muslims as British citizens. Communities Secretary Hazel Blears said government support for the project grew out of requests by the Muslim community in attempts to build alliances against extremism and teach young Muslims that their faith is compatible with wider shared values. BBC News also published a longer analysis of the new government initiative, saying: "Many scholars agree that they have long needed a helping hand in collating and disseminating their views on what it is to be a Muslim in the West." Glasgow's Herald reports that the panel will include 20 leading Muslims and is expected to complete report over the next academic year. [Thanks to Edward Still for the lead.]

Appeal to 6th Circuit Filed in Kentucky Baptist Homes Case

An appeal has been filed with the 6th Circuit in Pedreira v. Kentucky Baptist Homes, Inc. In the case, the district court dismissed on standing grounds an Establishment Clause challenge to use of state funds to pay for placing children in a faith-based facility. (See prior posting.) Americans United and the ACLU, representing appellants, filed a brief (full text) in support of the appeal. A release yesterday from AU and an article yesterday at Gay.com report on the filing of the appeal.

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.]