Religion Clause

Tuesday, August 12, 2008

College Raises Church-State Issues By Program Offered Through A Church

Inside Higher Ed today reports on problems faced by North Carolina Central University, a part of the University of North Carolina system. The campus violated UNC rules by opening an out-of-state program housed at a Georgia megachurch, New Birth Missionary Baptist Church. The program, called New L.I.F.E. College, existed for four years and awarded 25 bachelor's degrees until NCCU's accrediting body, the Southern Association of Colleges and Schools, required the unapproved program to end. The pastor of New Birth church is NCCU alumnus, Bishop Eddie Long. Long recently donated $1 million to NCCU. Inside Higher Ed reports that it asked NCCU officials about church-state concerns involved in a public university awarding degrees "for a program that is described as the arm of a church, for courses taught in a church, for which tuition revenue goes to a church." The school responded that the question would need to be answered by its former Chancellor who is now president of Florida A&M University. However NCCU said that tuition revenue went back into a trust account to support the program.

Nigerian Prelate Blames Crime and AIDS on Ending of Religion In Schools

In Nigeria, the Prelate of the Methodist Church, Dr. Ola Makinde, is blaming most of the country's societal ills on the federal government's decision to replace Christian and Islamic religious studies in the schools with courses in social studies. The Punch reported yesterday that Makinde, speaking at the end of the church's 41st biennial conference, blamed cultsim, HIV/AIDS and crime on the change. He said: "The quality of education churned out when we missionaries ran schools in the country cannot be compared with what we have now. Government should return our schools to us so that we could bring back discipline and the fear of God."

Monday, August 11, 2008

Good News Club Wins Preliminary Injunction On Facilities Fee

In Child Evangelism Fellowship of Virginia v. Williamsburg-James City County School Board, (ED VA, Aug. 8, 2008), a Virginia federal district court granted a preliminary injunction barring the school board from charging a facilities usage fee to the Good News Club for its after-school Bible study and enrichment program. The court found that CEF suffered irreparable harm and had a high likelihood of success on the merits. School board policy grants fee waivers to various community organizations, but not to religious groups. The policy granting the superintendent authority to waive fees was, according to the court, vague and gave unfettered discretion that could be used to discriminate on the basis of viewpoint. Relying on 4th Circuit precedent, the court concluded that "a fee-waiver given arbitrarily to non-religious organizations by school administrators under the guise of enforcing a vague policy is a violation of a religious organization's First Amendment rights." Liberty Counsel, which represents plaintiff, today issued a release on the decision.

President Bush Raises Religious Freedom Issues In Beijing

The McClatchy Newspapers today report on President Bush's activities and statements yesterday nudging the Chinese on religious freedom. The President and Laura Bush, in Beijing for the Olympics, attended services at the Beijing Kuanjie Protestant Christian Church, one of China's state-approved Protestant churches. Aljazerra reports that the service, conducted mostly in Chinese, was specially translated for Bush. (See prior related posting.) The Toronto Star reports that admission to the service was limited to those who had been specifically invited, to the dismay of Liu Peiqin, a member of an unapproved "house church" who had hoped to attend. After the service, the President made brief remarks (full text), saying: "Laura and I just had the great joy and privilege of worshiping here in Beijing, China. You know, it just goes to show that God is universal, and God is love, and no state, man or woman should fear the influence of loving religion."

Later in the day, Bush met with China's president, Hu Jintao. In remarks (full text), Bush told Hu: "As you know, our relationship is constructive and it's important and it's also very candid, and I thank you for that. And once again, I had a very uplifting experience by going to a church, and I want to thank you for arranging that, as well. It was a spirit-filled, good feeling. And as you know, I feel very strongly about religion, and I am so appreciative of the chance to go to church here in your society."

In a press briefing (full text) after Bush's meeting with Hu, Dennis Wilder, Senior Director for East Asian Affairs, said:

The President raised human rights and religious freedom. He told President Hu that this is an important aspect of the U.S.-China dialogue, and that the Chinese can expect that any future American President will also make it an important aspect of our dialogue. As the President has said, candor on these kinds of issues are part of a constructive and cooperative process between the United States and China.

The President noted that he had been to church; noted that believers will strengthen China; that he sincerely believes that China will be a better place if there is more freedom of religion. And President Hu seemed to indicate that the door is opening on religious freedom in China and that in the future there will be more room for religious believers.

3 USCIRF Commissioners Are Reappointed

Three current members of the U.S. Commission on International Religious Freedom have been reappointed for additional two-year terms on the Commission, according to a USCIRF release last week. The 9-person Commission is made up of members appointed by the President, the President Pro-tempore of the Senate and the Speaker of the House of Representatives. (Sec. 201 of Intl. Relig. Freedom Act of 1998). Michael Cromartie and Leonard A. Leo were reappointed by the President. Dr. Elizabeth H. Prodromou was reappointed by the Speaker of the House.

Recent Prisoner Free Exercise Cases

In Washington-El v. Diguglielmo, 2008 U.S. Dist. LEXIS 58304 (ED PA, July 31, 2008), a Pennsylvania federal district court denied defendants' motion to dismiss a claim by a prisoner who was a member of the Moorish American Moslem faith. Plaintiff asserted that he was refused the right to participate in Ramadan, to keep a copy of the Koran and to receive visits from clergy of his religion.

In Gooden v. Crain, 2008 U.S. Dist. LEXIS 59857 (ED TX, Aug. 6, 2008), a Texas federal district court rejected a RLUIPA challenge by a Muslim prisoner to Texas prison grooming standards that prevented him from wearing a beard. The court held that while the policy imposes a substantial burden on plaintiff's exercise of religion, the state had shown a compelling interest for the restriction and that the policy is narrowly tailored in light of administrative and budgetary concerns.

Rhoades v. Alameida, 2008 U.S. Dist. LEXIS 59349 (ED CA, Aug. 4, 2008), involved objections by a Native American prisoner that certain of his religious artifacts were destroyed by prison officials. The court said that there were disputed issues of fact that prevented granting the magistrate's recommended summary judgment for defendants on this claim. However the court dismissed plaintiff's equal protection claim, finding that the items he wanted to keep did not have the same religious significance as a Bible or Koran that were allowed to other inmates.

Palermo v. Wright, 2008 U.S. Dist. LEXIS 60014 (D NH, July 24, 2008), a New Hampshire federal magistrate judge allowed a prisoner to move ahead with 1st Amendment and RLUIPA claims that he was denied the religious diet and ritual items required by his Wicca religion.

Sunday, August 10, 2008

University of California's Rejection of Christian School Courses Upheld

In Association of Christian Schools International v. Stearns, (CD CA, Aug. 8, 2008), a California federal district court upheld the University of California's refusal to recognized certain high school courses offered by Christian schools in making admissions decisions. In an earlier decision (see prior posting) the court rejected facial challenges to the University's policy. In this decision, the court also rejected a series of "as-applied" challenges.

On procedural and standing grounds, the court limited the as-applied challenge to rejection of literature, history, government and world religions courses offered by Calvary Chapel Christian School and one Biology course offered by another school. In rejecting plaintiffs' viewpoint discrimination challenge as to those courses, the court said: "Defendants necessarily facilitate some viewpoints over others in judging the excellence of those students applying to UC. Therefore, the decision to reject a course is constitutional as long as: (1) UC did not reject the course because of animus; and (2) UC had a rational basis for rejecting the course." The court also rejected free exercise, establishment clause and equal protection challenges.

The Californian on Friday reported on reactions from Robert Tyler, an attorney who represented Calvary Christian School in the case. Saying that they planned an appeal, Tyler remarked: "We're worried in the long term, Christian education is going to be continually watered down in order to satisfy the UC school system." University officials have approved 43 courses offered by Calvary Christian School, and test scores can be used as an alternative admissions criterion.

Air Force Chief of Chaplains Interviewed By AF Times

The Air Force Times on Friday published an interview with the Air Force's recently-appointed Chief of Chaplains, Maj. Gen. Cecil Richardson. Much of the interview focused on defining the appropriate line between sharing one's faith and proselytizing. However Richardson also spoke about changes he plans to introduce to focus more on counselling those being deployed. He said: "We’re working with individuals to build a foundation of faith to stand on when they go through the most difficult time in their whole life." [Thanks to Blog from the Capital for the lead.]

7th Circuit Invalidates City's Handbilling Restrictions

In Horina v. City of Granite City, Illinois, (7th Cir., Aug. 7, 2008), the U.S. 7th Circuit court of Appeals, in a 2-1 decision, held that a city ordinance regulating the distribution of handbills is unconstitutional. In a challenge brought by a born-again Christian who regularly placed pro-life literature and Gospel tracts on the windshields of cars parked near a women's clinic that provides abortions, the court held that the city's restrictions had not been justified as legitimate time, place and manner restrictions. Granite City had failed at trial to introduce any evidence that the ordinance was needed to combat litter, intrusion, trespass or harassment. The ordinance was not narrowly tailored and failed to leave open ample alternative channels of communication. The court however held that the trial court's award of compensatory damages to plaintiff was not justified by the record and reduced the amount of attorneys fees that the trial court had awarded.

Judge Manion dissenting in part argued that the ordinance was a valid time, place and manner regulation and that "common sense" can be used to demonstrate the City’s substantial governmental interest in enacting the ordinance. On Friday, the Thomas More Society issued a release supporting the decision.

New York's Governor Supports Synagogue's Eruv Proposal

Thursday's Forward reports that New York Governor David Patterson spoke earlier this month during services at a synagogue in Westhampton Beach (NY), supporting the congregation's proposal to build an eruv around their community in the Hamptons. An eruv is a symbolic enclosure of an area, usually by wires or strings on utility poles, that under Jewish law permits observant Jews to carry items and push strollers on the Sabbath. Long Island Power Authority and Verizon agreed to the synagogue's proposal, but objections surfaced when the synagogue sought approval from the village board. Critics say the eruv would be a violation of separation of church and state and would be a divisive force. They ran a full page newspaper ad urging residents to vote against political candidates who support the eruv. Patterson in his prepared remarks urged tolerance and understanding for the eruv proposal, and said he might attend a community forum later this week to help clear up public misconceptions.

Maldives Ratifies New Constitution; Some Concerns Over Religious Freedom Remain

Over a month after it was passed by the Constitutional Assembly, Maldives President Maumoon Abdul Gayoom ratified the country's new constitution on Thursday. The new constitution which brings in democratic reforms and the country's first bill of rights and freedoms, was four years in the making. (Minivan News). The new document, however, has raised some concerns among human rights groups. Article 9, Section D of the constitution provides that "a non-Muslim may not become a citizen of the Maldives." The Maldives is 100% Muslim, but the previous Constitution only reserved the right to vote, not citizenship, to Muslims. Minivan News reported yesterday that the U.S. based Institute on Religion and Public Policy says that this provision violated international human rights norms. In its statement, the IRRP also criticized other aspects of the new Constitution, saying that it "favors Sunni Islam over other forms of Islam, establishes certain aspects of Sharia law in the Maldives and limits the freedom of expression and thought to 'manners' which are 'not contrary to a tenet of Islam'." (See prior related posting.)

Protesters Force Closure of Malysian Lawyers' Conference

In Kuala Lumpur, Malaysia yesterday a lawyer's group, the Bar Council, had scheduled a conference on legal issues faced by families in which one of the spouses converts to Islam. Today's Straits Times reports that police forced lawyers to end the conference shortly after it started when 300 demonstrators gathered outside the conference carrying signs accusing the Bar Council of attempting to challenge Islam's position as Malaysia's official religion.

Saturday, August 09, 2008

Canadian Border Guards Keep Out Westboro Baptist Church Picketers

Members of the Westboro Baptist Church, famous for picketing military funerals and other events protesting supposed tolerance of homosexuality, are now attempting to extend their activities to Canada. However, according to last Thursday's National Post, Canadian border officials denied them admission as they were attempting to travel to Winnipeg to picket the Saturday funeral of a young man murdered last week on a Greyhound bus. A Winnipeg resident, using a Facebook page, was recruiting residents to surround the picketers if they did arrive. Saturday's Winnipeg Free Press reported that the Westboro picketers-- who had threatened to carry signs saying that the murder was God's response to Canadian policies permitting abortion, homosexuality and adultery-- never showed up. [Thanks to "Chimera" for the lead.]

Work of Ohio's Faith-Based Office Is Praised

Today's Cleveland Jewish News carries an article praising Ohio's version of the faith based initiative. The Governor's Office of Faith-Based and Community Initiatives (GOFBCI) will grant $11 million to religious and community groups in fiscal year 2009, double its spending in 2008. Most of the funds come from the federally funded TANF program. GOFBCI has developed a web-based program, the Ohio Benefit Bank, that it makes available to nonprofit agencies. The agency can use it to assist clients in determining their eligibility for a variety of state benefits without the client having to visit various state offices. The GOFBCI website also makes it simple for non-profit agencies to search for available federal, state and private grants.

GOFBCI Director, Greg Landsman, says his agency insists that funded programs "be devoid of inherently religious activities." He says, "There can be religious symbols on the wall. But you can’t do anything religious during the time when public dollars are at play." Joyce Garver Keller, director of Ohio Jewish Communities, who is encouraging more Jewish groups to apply for faith-based funding, is trying to dispel the notion that the program is about "giving money to evangelical Christians to proselytize."

Volume of Calls To Prayer Becomes Controversial In Morocco

In Morocco, according to a story today from the AP, the rising decibel level of the daily calls to prayer from mosques using improved audio technology "is deepening fault lines between a government drive to modernize and a wave of rigorous political Islam." Minister for Family and Social Affairs, Nouzha Skalli, has been accused by newspapers and some imams of attempting to impose secularism because, it was rumored, at a closed cabinet session she proposed that legislation be adopted to lower the volume on muezzins' calls to worship in tourist zones. Islamists are increasingly portraying the influx of tourists to the country as a threat to Muslim values.

9th Circuit En Banc Rejects Tribes' RFRA Challenge To Snowbowl Expansion

In Navajo Nation v. United States Forest Service, (9th Cir., Aug. 8, 2008), in an 8-3 en banc decision, the U.S. 9th Circuit Court of Appeals held that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort, which operates on federal land. Several Indian tribes sued claiming that the plan will spiritually contaminate the San Francisco Peaks that they believe to be sacred. Rejecting the conclusion reached last year by a 3-judge panel (see prior posting), the full court used the case to clarify the 9th Circuit's interpretation of "substantial burden" under RFRA. The majority held:

RFRA’s stated purpose is to “restore the compelling interest test as set forth in Sherbert v. Verner ... and Wisconsin v. Yoder.... Under RFRA, a "substantial burden" is imposed only when individuals are forced to choose between following the tenets of their religion and receiving a governmental benefit (Sherbert) or coerced to act contrary to their religious beliefs by the threat of civil or criminal sanctions (Yoder)....
The only effect of the proposed upgrades is on the Plaintiffs’ subjective, emotional religious experience. That is, the presence of recycled wastewater ... will decrease the spiritual fulfillment they get from practicing their religion on the mountain. Nevertheless, under Supreme Court precedent, the diminishment of spiritual fulfillment—serious though it may be—is not a "substantial burden" on the free exercise of religion.

The dissenting opinion was written by Judge Fletcher, who had authored the 3-judge panel's decision: Criticizing the majority's opinion at length, he wrote:

The majority characterizes the Indians’ religious belief and exercise as merely a "subjective spiritual experience." Though I would not choose precisely those words, they come close to describing what the majority thinks it is not describing — a genuine religious belief and exercise.... [R]eligious exercise invariably, and centrally, involves a "subjective spiritual experience."

Today's Vail (CO) Daily reported on the decision. The Save the Peaks Coalition yesterday issued a statement strongly criticizing the decision. [Thanks to Robert H.Thomas for the lead.]

Friday, August 08, 2008

California Appellate Court OK's Home Schooling, Reversing Earlier Decision

In a widely-followed case, today a California Court of Appeal, on rehearing, reversed its earlier ruling (see prior posting) and held that California law permits parents to home school their children without employing a certified teacher to carry out the instruction. In Jonathan L. v. Superior Court of Los Angeles County, (CA Ct. App., Aug. 8, 2008), the court held that the private-school exemption in California's compulsory education law includes a parent teaching a child in the home. Finding that the language of the statute is ambiguous, the court relied on legislative history to reach its conclusion. It found t while the legislature never explicitly repealed a ban on home schooling, various of its laws dealt with home schools as if they are permitted. The court said its conclusion if further bolstered by the past administrative interpretation of California law, reliance by parents on that understanding, and by the preference to interpret statutes so as to avoid constitutional questions.

The court went on to hold that while parents have a constitutional liberty interest in directing the education of their children, the state also has a compelling interest in protecting the welfare of children. Therefore a dependency court could decide that a child's safety requires removing them from home schooling The court remanded the case for the trial court for a determination of whether such safety concerns exist. In concluding its opinion, the court urged the California legislature to provide objective criteria for the oversight of home schooling. Today's Los Angeles Times and San Jose Mercury News both report on the decision. [Thanks to Alliance Alert for the lead.]

New York Officials and Amish Continue To Clash Over Sanitary Code Requirements

Tensions between members of the Amish community and upstate New York health officials continue as the Cattaraugus County Board of Health on Wednesday approved a hearing officer's recommendation that two families each being fined $200 and $10 per day until new sewage permit applications are filed and an additional $10 per day until new septic systems are put in. Yesterday's Buffalo News reports that while the families obtained privy permits, they would not sign papers swearing there would be no gray-water discharge. A compromise design plan that the families had worked out with the county for wooden gray-water boxes was rejected by their bishop and the families then refused to move ahead with the plan. (See prior related posting.)

DC Christian Science Church Sues Over Historic Landmark Designation

Washington D.C.'s Third Church of Christ, Scientist, yesterday filed a federal lawsuit challenging a decision by the city's Historic Preservation Review Board (see prior posting) that prevents the church from tearing down its current building in order to construct a new church structure. Today's Washington Post reports the lawsuit alleges that designating the church an historic landmark violates its First Amendment free exercise rights as well as its rights under the Religious Land Use and Institutionalized Persons Act. Today's Washington Times reports on reactions to the lawsuit from both sides.

Jewish Police Officer Scores Partial Win On Religious Accommodation Claim

In Riback v. Las Vegas Metropolitan Police Deparment, (D NV, Aug. 6, 2008), a Nevada federal district court ruled that Steve Riback, a Las Vegas police officer who is an Orthodox Jew, must be given an exemption from the police department's grooming policy so he can wear a beard for religious reasons. The exemption is subject to the same restrictions that apply to those who are permitted to wear beards for medical reasons. Riback is assigned to the department's non-unformed Quality Assurance Unit.

The court went on to hold that the department's headgear policy which precludes Riback from wearing a yarmulke, does not violate Riback's free exercise rights under the U.S. and Nevada constitutions. The failure to accommodate Riback's request to wear a head covering though, the court said, may have violated Title VII of the 1964 Civil Rights Act and similar state employment discrimination laws. The court held that there are genuine issues of material fact that must go to trial on the question of whether the police department made a good faith effort to accommodate Riback's request to wear a yarmulke or baseball cap, and whether accommodation would have imposed an undue hardship on the department. Yesterday's Las Vegas Review Journal reports on the decision.

Alberta Rights Commission Dismisses Complaint About Muhammad Cartoons

In Canada, a July 29, 2008 Investigation Report submitted to the Alberta Human Rights and Citizenship Commission recommends dismissing a discrimination complaint filed by the Edmonton Council of Muslim Communities against the magazine Western Standard. In an August 1 ruling, the Commission's director accepted the recommendation. (Full text of Ruling and Report.) The complaint involved the now-defunct magazine's publication in 2006 of controversial cartoons of the Prophet Muhammad. The cartoons originally appeared in a Danish newspaper.

The Report recommending dismissal found that the cartoons were published in the context of an article on freedom of speech, and in that context do not indicate an intent to discriminate nor do they endanger the rights of Muslims to equal opportunity. The decision is appealable to the Chief Commissioner. Wednesday's National Post reports on the decision. Ezra Levant, publisher of Western Standard, published a rather defiant blog posting commenting on the dismissal. (See prior related posting.)

Bush Criticizes China On Human Rights In Two Speeches Abroad

In two speeches on his trip to the Beijing Olympics, resident George W. Bush has criticized China's policies on human rights and religious freedom. In a lengthy speech yesterday (full text) at a stop in Bangkok, Thailand, after talking about US-China cooperation, Bush said:

I have spoken clearly and candidly and consistently with China's leaders about our deep concerns over religious freedom and human rights. I have met repeatedly with Chinese dissidents and religious believers. The United States believes the people of China deserve the fundamental liberty that is the natural right of all human beings. So America stands in firm opposition to China's detention of political dissidents and human rights advocates and religious activists. We speak out ... not to antagonize China's leaders, but because trusting its people with greater freedom is the only way for China to develop its full potential.

According to AGI, the Chinese foreign ministry immediately responded, emphasizing the good relationships of the two countries but rejecting U.S. use of human rights or religion to interfere in the internal affairs of China.

Inside China, Bush, speaking at the dedication today of the U.S. embassy building in Beijing (full text of remarks), again brought up the topic, though more briefly. He said that the U.S. would "continue to be candid about our belief that all people should have the freedom to say what they think and worship as they choose." Reuters reports that Chinese officials at the ceremony sat expressionless.

UPDATE: Countering somewhat the image created by President Bush's criticism of religious freedom in China, Cox New Service today published an article profiling Nanjing Amity Printing Co., the official publisher of Bibles in China. Last year the company produced 6.7 million Bibles, 3 million of which were for distribution in China. It has printed 50,000 copies of the New Testament for free distribution at various sites during the Olympics.

Obama's Muslim Outreach Coordinator Resigns Over Past Board Connection

Mazen Asbahi, a corporate lawyer at the Chicago law firm of Schiff Hardin, resigned earlier this week as the volunteer Arab American and Muslim American Outreach Coordinator for the Obama campaign. Wednesday's Wall Street Journal disclosed that Asbahi decided to resign just two weeks after his appointment when an Internet newsletter reported that eight years ago he had for a few weeks served on the board of Allied Assets Advisors Fund. One of the Fund's other board members was Jamal Said, a fundamentalist imam who was named as an unindicted co-conspirator in a case against alleged Hamas fund raisers. That case ended last year in a mistrial. Asbahi had quickly resigned from the Allied Asset's board when he learned of charges against Said. Allied Assets is a subsidiary of the conservative the North American Islamic Trust. Reporting on the incident, the AP Wednesday quoted Dawud Walid, executive director of the Council on American-Islamic Relations, who said: "This incident just shows how Islamophobic the political climate is right now." (See prior related posting.)

Court Orders Prisons To Recognize Native American Shamanism

In Iron Thunderhorse v. Pierce, 2008 U.S. Dist. LEXIS 58842 (ED TX, July 30, 2008), an inmate in a Texas correctional institution argued that the Native American religious program in Texas prisons gives preferential treatment to Christian-oriented Native American religions and disfavors traditionalist Native American shamans. The court agreed, ordering that "Native American shamanism" be recognized as a valid faith with a separate faith code. It also ordered that Iron Thunderhorse be allowed a reasonable number of holy days and traditional foods for feast days, and that if he is released from administrative segregation he be allowed access to pipe ceremonies and a medicine bundle, including musical instruments like a clay flute and small drum. The court however rejected plaintiff's claims that relating to the prison's dress and grooming codes and restrictions on him while in administrative segregation.

Atheists Criticize County Fair For "God and Country Day"

According to yesterday's Los Angeles Chronicle, the Wilson County, Tennessee Fair has designated August 17 as "God and Country Day." In addition to a tribute to military personnel, anyone presenting a church bulletin at the gate that day will receive a $2 admission discount. A spokesman for American Atheists ("AA") has criticized the Fair's decision to promote Christianity in this way. AA and others plan two responses. They urge members to wear T-shirts supporting Foxhole Atheists during the Fair's ceremony honoring military personnel. American Atheists also suggests that members present printouts of AA's website at the Fair gate and ask for the same $2 admission discount. [Thanks to Scott Mange for the lead.]

Thursday, August 07, 2008

Arizona Court Rejects FLDS Member's Constitutional Challenge To Polygamy Ban

In State of Arizona v. Fischer, (AZ Ct. App., Aug. 5, 2008), an Arizona state appellate court rejected free exercise and substantive due process defenses raised by a member of the FLDS Church who was convicted of engaging in sexual conduct with a minor and conspiracy. The charges grew out of defendant Kelly Fischer's polygamous relationship with J.S., a minor with whom he had entered into a "celestial marriage". Under Arizona law, it is a defense to a charge of sexual conduct with a minor that the minor was the "spouse" of the person charged. Fischer argued that if he had been able to enter into a legal plural marriage with J.S., he could have asserted the "spouse" defense.

More specifically, Kelly argued that the provision in Art. 20, Sec. 2 of the Arizona Constitution that prohibits polygamy or plural marriage violates his 1st and 14th Amendment rights. The court rejected Kelly's free exercise challenge, finding that the polygamy ban was a neutral law of general application, and not a law that targets the FLDS Church's practice of polygamy. The court also concluded that the U.S. Supreme Court's 1878 decision in Reynolds v. United States, upholding a ban on polygamy, remains good law.

The court additionally rejected Kelly's attempted reliance on the U.S. Supreme Court's 2003 decision in Lawrence v. Texas which focused on substantive due process protection of intimate sexual relationships. The Arizona court said that language in the Lawrence decision specifically limited its holding to sexual activity between consenting adults. Yesterday's Sierra Vista (AZ) Herald reported on the decision.

Bahrain Fires American Prof For Lecture Seen As Disrespectful Toward Islam

Bahrain's Higher Education Council (an arm of the Ministry of Education) has pressured a private University in Bahrain to fire an American professor for failing to show respect toward the Islamic religion and "noble Arab values". Yesterday's Media Line reports that the professor, who was lecturing on differences in world civilizations, displayed to her students a photo of a man wearing torn clothes with "Prophet Muhammad" written on them.

McCreary Injunctions Made Permanent, But With Leave To Litigate Further

A Kentucky federal district judge on Tuesday tied up some loose ends in the McCreary County Ten Commandments case that was decided by the U.S. Supreme Court in 2005. (See prior posting.) In that case, the Supreme Court upheld a preliminary injunction against two counties prohibiting their courthouse displays of the 10 Commandments as part of a "Foundations of American Law and Government Display." Yesterday's Louisville Courier-Journal reports that now the district court has made those injunctions permanent. However the district court also said that the counties could argue for a lifting of the injunctions based on resolutions they passed in 2007 declaring that the document displays are strictly educational, and not religious.

Azerbaijan Requires Prior Approval For All Religious Literature

Forum18 yesterday reports on censorship of religious materials by Azerbaijan. The State Committee for Work with Religious Organizations maintains a list of banned books, but will not make it public. Government spokesman Aliheidar Zulfikarov rejected the claim that required prior approval for all religious literature is censorship. He said that the Committee "merely checks" to see which books are "not appropriate" for distribution.

Copts In Egypt Split Over US Congress Support For Their Religious Freedom

In June, U.S. Rep. Frank Wolf introduced H. Res 1303, calling on the government of Egypt to respect human rights, and freedom of religion and expression. A portion of the resolution focused on Egypt's discrimination against Coptic Christians. Yesterday the Assyrian International News Agency reported that there is a split among Copts in Egypt on whether the U.S. should be intervening on this issue. Bishop Morqos of Shubra El-Kheima said: "We will deal with our problems internally. America should, and will have to seek the advice of the Coptic Church in Egypt before any resolution is passed in Congress."

IOC Rules Create Issue For U.S. Athletes On Religious Expression

Yesterday's Washington Post reports that many U.S. athletes competing in the Olympics plan to display their religious faith publicly during their sporting event by a prayer or a gesture toward the sky, despite concerns by both the government of China and the International Olympic Committee. The Olympic charter prohibits "political, religious or racial propaganda" at "any Olympic sites, venues or other areas." In May, the IOC issued a statement intended to clarify this prohibition. It said: "The conduct of participants at all sites, areas and venues includes all actions, reactions, attitudes or manifestations of any kind by a person or group of persons, including but not limited to their look, external appearance, clothing, gestures, and written or oral statements. As in all Olympic Games, such conduct must also, of course, comply with the laws of the host state." The U.S. Olympic Committee give no instructions one way or the other to American athletes on the issue.

Wednesday, August 06, 2008

7th Circuit Dismisses Challenge To VA Chaplain Program On Standing Grounds

In Freedom From Religion Foundation, Inc. v. Nicholson, (7th Cir., Aug. 5, 2008), the U.S. 7th Circuit Court of Appeals dismissed for lack of taxpayer standing a challenge to aspects of the Department of Veterans Affairs Chaplain Service. Plaintiffs alleged that the focus of the Chaplain service on clinical care which integrates spirituality and religion into VA treatment programs violates the Establishment Clause. The court held:

Freedom From Religion's lawsuit ... is not predicated ... on the notion that Congress appropriated money from federal taxpayers expressly for the creation of a clinical chaplaincy. Instead, Freedom From Religion simply is challenging the executive branch's approach to veterans' healthcare and the manner in which the executive, in its discretion, uses the services of its chaplain personnel. Allowing taxpayer standing under these circumstances would subvert the delicate equilibrium and separation of powers that the Founders envisioned and that the Supreme Court has found to inform the standing inquiry.

In the case, the trial court had reached the merits and held that the VA's holistic treatment program serves a valid secular purpose. (See prior posting.) [Thanks to Alliance Alert for the lead.]

French Satirist's Firing for Anti-Semitism Raises Free Speech Questions

In France, the firing of a columnist by the satirical weekly paper Charlie Hebdo has created a flood of debate over free speech versus anti-Semitism. AFP reported yesterday that Maurice Sinet, who publishes cartoons and columns under the name Siné, was fired by the newspaper after he refused to apologize for a column about Jean Sarkozy, son of France's President Nicolas Sarkozy. The President's son is engaged to Jessica Sibaoun-Darty whose family founded Darty, a large French retail chain. In a July 2 column, Siné wrote that Jean Sarkozy "has just said he intends to convert to Judaism before marrying his fiancee, who is Jewish, and the heiress to the founders of Darty. He'll go far, that kid." A Charlie Hebdo editor said that these lines "could be interpreted as drawing a link between conversion to Judaism and social success," reinforcing an old stereotype of Jews as wealthy. The Guardian on Sunday, reporting on the controversy, says that Siné had no evidence that Sarkozy intended to convert. It also says that the column was uncontroversial until a radio commentator several days later referred to it as anti-Semitic.

In an open letter in Le Monde, 20 writers and politicians have defended Charlie Hebdo's decision to fire Siné. However many other writers and artists, as well as 8,000 people who have signed an online petition, are backing Siné. In 1985 Sine was convicted of inciting racial hatred because of anti-Semitic remarks for which he later apologized.

Bush Will Not Make Dramatic Human Rights Statement During Olympics Visit

Yesterday's New York Times reports that President Bush, on his trip to China for the Olympics, will not make the kind of dramatic gesture to protest lack of religious freedom in China that some are urging. (See prior posting.) The White House considered having Bush attend a worship service at an underground "house church", but Chinese authorities rejected the proposal. Indeed pastors and other activists with whom Bush might have met have been ordered by Chinese authorities to leave Beijing during the President's visit. The White House has also rejected Bush's giving a confrontational speech on human rights, seeing it as insulting to China and unlikely to be broadcast to the Chinese public. Instead, on Sunday Bush will worship at the officially registered Beijing Kuanjie Protestant Church. Human Rights Watch executive director Kenneth Roth said that this is "not an affirmation of religious freedom. It's an affirmation of government-controlled religion."

Malaysian Appellate Court Avoids Deciding On Right To Renounce Islam

The Court of Appeal sitting in Putrajaya, the federal administrative center in Malaysia, has used a technicality to reject a plea by a Muslim convert that she be permitted to renounce Islam and return to the practice of her original Christian faith. Malaysia's Star reports today that, in a 2-1 decision, the appellate court held that the lower court had no jurisdiction over the suit brought by Lim Yoke Khoon because no person by that name exists any longer. Lim changed her name to Noorashikin Lim binti Abdullah after she converted to Islam. This decision allowed the court to avoid passing on the claim by Lim that under Article 11 of Malaysia's Constitution she has the right to renounce Islam.

Texas Back In Court Over Some FLDS Children

In San Angelo, Texas, state Child Protective Services is back in court in connection with children of FLDS Church members. Yesterday's Dallas News and San Angelo Standard Times report on developments. CPS wants to remove eight children who were among the hundreds returned to FLDS mothers in May after the Texas Supreme Court found that CPS lacked a sufficient basis to place the children in temporary custody of the state. (See prior posting.) The children who are the subject of the new motion are from four families. In each case, the mothers involved refuse to agree to keep the children away from birth fathers, close relatives or former husbands who have either married underage girls or permitted underage daughters to marry older men. One of the children involved was married to former sect leader Warren Jeffs. Three others are children of current FLDS bishop and ranch leader Merril Jessop. The state has also asked the court to dismiss the cases of 32 children "where there is no evidence of underage marriages in the family."

India's Supreme Court Permits Educational Set-Asides For Muslims

The Times of India reports that on Monday, a panel of India's Supreme Court upheld implementation by the state of Andhra Pradesh of its Reservation in Admissions of Muslims in Educational Institutions Act, 2007. The law sets aside 4% of the seats in various college programs for Muslims. While India's Constitution (Art. 15) prohibits religious discrimination, the Court said this quota was justified because of the social and educational backwardness of the Muslim community in Andhra Pradesh. The Constitution permits states to make "special provision for the advancement of any socially and educationally backward classes of citizens." However the Court's decision is subject to the outcome in other pending cases challenging the constitutionality of the 2007 law creating the set-asides.

Court Rejects Equitable Relief In Inmate's Request To Prevent Autopsy

In Arthur v. Allen, 2008 U.S. Dist. LEXIS 58167 (SD AL, July 31, 2008), an Alabama federal district court refused to grant a temporary restraining order or a preliminary injunction to a death row inmate seeking to prevent the state from performing an autopsy on his body after his execution. Convicted murderer Thomas Arthur claimed the autopsy would violate his sincerely held religious beliefs. Arthur's execution date has been repeatedly delayed for over ten years as various challenges have been filed, and in 2007 his daughter unsuccessfully sought an order from the court to bar an autopsy on her father's body after his execution. (See prior posting.) The current lawsuit was filed by Arthur just days before his then-execution date (which was subsequently again delayed). The court denied Arthur's request on both equitable and statute of limitations grounds. It said:

Arthur suddenly invokes the equitable power of this Court, just two days before the scheduled execution, seeking to restrain the State, without a full hearing on the merits, from performing on autopsy on his body. The timing of this action bears the unmistakable taint of an ambush, an exercise in eleventh-hour gamesmanship with the intent to procure an unfair strategic advantage over defendants. Such conduct is the very antithesis of the equitable, diligent, good-faith, vigilant conduct required of a litigant seeking equitable relief.

In addition the court held that the statute of limitations for filing a claim under 42 USC 1983 had run, holding that even though Arthur seeks prospective relief, his cause of action accrued "not at the time of the autopsy, but when the facts which would support a cause of action should have been apparent to a person with a reasonably prudent regard for his rights."

Tuesday, August 05, 2008

9th Circuit Hears Church's Challenge To Montana Election Finance Reporting Law

The U.S. 9th Circuit Court of Appeals yesterday heard oral arguments in Canyon Ferry Road Baptist Church v. Unsworth, a challenge to Montana's election campaign reporting laws. The Montana Commissioner of Political Practices had ruled that the church should have reported its support of activities in 2004 to get voters to pass a constitutional ban on gay marriage. (See prior posting.) Last Saturday's Helena Record sets out background information on the dispute. An audio recording of oral arguments in the case is available online from the 9th Circuit.

Colorado Local Commissions Debate Invocation Policies

Yesterday's Grand Junction (CO) Daily Sentinel reports that Grand Junction, Colorado City Council will consider a resolution at their meeting tomorrow under which the city clerk will randomly select spiritual leaders from local congregations to offer an invocation "according to the dictates of his/her own conscience." However, the person delivering the prayer will be asked that the invocation "not be exploited to proselytize a particular religious tenet or belief or aggressively advocate a specific religious creed or derogate another religious faith or to disparage any other faith of belief." Also the agenda for the meeting will state that the invocation is intended to "solemnize" the meeting, not to establish a particular religion, and will indicate that attendees may sit, stand or leave the room during the prayer. A local group, Western Colorado Atheists and Free Thinkers, has asked Council to eliminate the invocation and replace it with a moment of silence.

Meanwhile yesterday's Grand Junction Daily Sentinel reports that a Mesa County Commissioner (the county in which Grand Junction is located) is taking a different view. Under a policy adopted in 2005, one of the three Commissioners opens the County Commission meeting with a prayer which those in attendance are told they may join if they wish. Commissioner Janet Rowland yesterday ended her prayer "in the name of Jesus". Challenged at the meeting by a local resident, Rowland, who is in the midst of a primary contest for Republican nomination for a Commission seat, said: "I don't mind losing the election, but I do mind losing my faith or my belief in the Constitution."

Greek Court Acquits Missionary on Illegal Proselytizing Charges

Greece's Constitution and Greek law prohibit proselytizing, but define the ban narrowly. (Background.) Mission Network News today reports that, following that narrow interpretation, a court in Greece has acquitted a member of AMG International who had been charged with illegal proselytizing for handing out copies of the Gospel of Luke at a youth outreach event in 2004. Because the outreach event was open, and not covert or coercive, the court held that the ban did not apply.

D.C. Circuit Holds Navy Chaplains Lack Standing In Establishment Clause Case

In In re Navy Chaplaincy, (DC Cir., Aug. 1, 2008), the D.C. Circuit Court of Appeals, in a 2-1 decision, dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. Plaintiffs, however, did not allege that they suffered any discrimination, but rather that other chaplains did. They claimed taxpayer standing, and standing as persons who have been subjected to the Navy’s "message" of religious preference. The majority said:

Plaintiffs' argument would extend the religious display and prayer cases in a significant and unprecedented manner and eviscerate well-settled standing limitations. Under plaintiffs’ theory, every government action that allegedly violates the Establishment Clause could be re-characterized as a governmental message promoting religion. And therefore everyone who becomes aware of the "message" would have standing to sue.

Judge Rogers dissented, arguing that plaintiffs' membership in the Chaplains Corps gives them sufficient particularized injury to meet the Article III standing requirements. (See prior related posting.)

Westboro Baptist Church Fire Called Hate Crime By Church's Leader

On Saturday morning, according to a report by PageOneQ, a fire broke out at Topeka, Kansas Westboro Baptist Church causing from $10,000 to $30,000 damage. Westboro has gained national notoriety by its activities in picketing military funerals and other events with signs condemning America's tolerance for homosexuality. The Church's pastor, Fred Phelps, sent a hate crime complaint to the Justice Department and other law enforcement agencies on Sunday, charging that the fire was motivated by religious hatred. (WIBW). Meanwhile, in a message posted on You Tube, Phelps said: "This is the latest in a long line of criminal acts perpetrated against us by the mean-spirited citizens of this evil, hellbound nation." (PageOneQ report containing the YouTube clip.)

Florida Court Rejects Challenges To November Ballot Initiatives

In Ford v. Browning, (FL 2nd Cir. Ct., Aug. 4, 2008), a Florida trial court has rejected challenges to two initiatives placed on the November ballot by the state's Taxation and Budget Reform Commission. Initiative 7 proposes repeal of a provision in Florida's Constitution that bans use of public funds to aid any religious or sectarian institution. It also adds language barring exclusion of any person or institution from any public program because of religion. Initiative 9 changes language in Florida's constitution regarding public schools to essentially overrule an earlier state supreme court decision striking down school vouchers. The amendment also requires at least 65% of a district's school funding to be spent on classroom instruction. (See prior posting.)

The court held that the two ballot initiatives were within the authority of the Taxation and Budget Reform Commission since they both involve matters relating to taxation or the budgetary process. It also found that the title and ballot summary for Initiative 9 are not misleading to voters. The Florida Times-Union reports on the decision. Alliance Defense Fund issued a release supporting the court's decision. Americans United for Separation of Church and State announced it would appeal the ruling.

Spanish Lawsuit Seeks To Rehabilitate Reputation of Knights Templar

In Spain, a group claiming to be descended from the legendary Knights Templar has filed suit against the Vatican in an attempt to restore the The Templar's reputation. The Association of the Sovereign Order of the Temple of Christ has sued, asking the Vatican to recognize the seizure of assets worth 100 billion Euros by Pope Clement V. Yesterday's London Telegraph reports:

The Templars was a powerful secretive group of warrior monks founded by French knight Hugues de Payens after the First Crusade of 1099 to protect pilgrims en route to Jerusalem. They amassed enormous wealth and helped to finance wars waged by European monarchs, but spectacularly fell from grace after the Muslims reconquered the Holy Land in 1244 and rumours surfaced of their heretic practices. The Knights were accused of denying Jesus, worshipping icons of the devil in secret initiation ceremonies, and practising sodomy....
The legal move by the Spanish group ... follows the unprecedented step by the Vatican towards the rehabilitation of the group when last October it released copies of parchments recording the trials of the Knights between 1307 and 1312.... The Chinon parchment revealed that, contrary to historic belief, Clement V had declared the Templars were not heretics but disbanded the order anyway to maintain peace with their accuser, King Philip IV of France.

Court Says Defendant Did Not Show AA Meetings Were Religious

In State of Ohio v. Turner, (OH Ct. App., Aug. 1, 2008), an Ohio appellate court rejected an Establishment Clause challenge to mandatory attendance at Alcoholics Anonymous. The requirement was part of defendant's sentence for driving while intoxicated. The court held that defendant had not introduced sufficient evidence to prove the religious nature of the AA meetings involved.

Monday, August 04, 2008

Utah-Appointed Trustee For FLDS Is Seeking Control of Canadian School

The Toronto Globe and Mail today reports that Bruce Wisan, the special fiduciary appointed by a Utah state court to oversee the assets of the FLDS Church, is moving to take control of an FLDS school in Canada. Wisan has petitioned the British Columbia Supreme Court for permission to take over the Bountiful Elementary-Secondary School, a private school located outside Creston, B.C. Wisan wants the B.C. court to appoint him as trustee to run the school and take title to its assets in order to obtain an equitable distribution of FLDS assets in Canada. He alleges that the organization that runs the school operates it in trust for the UEP. School directors say school property was not acquired for the UEP trust. There is a split among FLDS members in Canada. Some follow former leader Warren Jeffs, while other are led by Canadian Winston Blackmore. (Background.) Jeffs followers have excluded followers of Blackmore from the school. (See prior related posting.)

South Carolina Legislator Says Lord's Prayer In New Display Law Is "Poison Pill"

Last month the Governor of South Carolina signed a bill permitting schools and local governments to post a Foundation of American Government display comprised of 12 documents, including the Ten Commandments and the Lord's Prayer. (See prior posting.) Yesterday's Augusta (GA) Chronicle carries a column by South Carolina state senator Shane Massey who was one of 12 members of the state Senate to vote against including the Lord's Prayer in the permitted documents. He says that the inclusion of the Lord's Prayer, added through an amendment offered by Sen. Brad Hutto, a Democratic opponent of the entire bill, is a "poison pill" that now makes the law "constitutionally suspect". The amendment, which Republicans found it difficult to vote against, was, Massey says, one of several offered in an attempt to kill the bill by opponents who originally objected to inclusion of the 10 Commandments in it.

Recently Scholarly Articles and New Book of Interest

From SSRN:

Steven J. Heyman, Hate Speech, Public Discourse, and the First Amendment, (in Extreme Speech and Democracy, Ivan Hare, James Weinstein (eds.), Oxford University Press, Forthcoming).
Maleiha Malik, Religious Freedom and Multiculturalism: R (Shabina Begum) V Denbigh High School, (King's Law Journal, Vol. 19, No. 2 (July 25, 2008)).

From SmartCILP and elsewhere:

Adam Grieser, Peter Jacques & Richard Witmer, Reconsidering Religion Policy as Violence: Lyng v. Northwest Indian Cemetery Protective Association, 10 The Scholar: St. Mary's Law Review on Minority Issues 373-396 (2008).
Osama Siddique & Zahra Hayat, Unholy Speech and Holy Laws: Blasphemy Laws in Pakistan--Controversial Origins, Design Defects, and Free Speech Implications, 17 Minnesota Journal of International Law 303-385 (2008).
Lisa M. Holmes, Religious Affiliation, Personal Beliefs, and the President's Framing of Judicial Nominees, 56 Drake Law Review 679-704 (2008).
Christine L. Nemacheck, Have Faith in Your Nominee? The Role of Candidate Religious Beliefs in Supreme Court Selection Politics, 56 Drake Law Review 706-728 (2008).
Symposium: Educational Choice: Emerging Legal and Policy Issues, 2008 BYU Law Review 227-592 [full text of all articles].
Andrew P. Morriss, Bootleggers, Baptists and Televangelists, Regulation, Vol. 31, No. 2, pp. 26-31, Summer 2008.
The Spring 2008 issue (Vol. 50, No. 2) of the Journal of Church and State has recently been issued. [Table of Contents].

New Book:

Herbert London, America’s Secular Challenge-- The Rise of a New National Religion, (Encounter Books, 2008), reviewed by the Washington Times.

McCain Catholic Outreach Spokesman Criticized

The Arizona Republic reported last week that at least three religious groups have called on John McCain to remove Deal W. Hudson from McCain's national Catholic outreach group. In 1994, Hudson resigned a tenured position at Fordham University after he was accused of having sex with a freshman student. A member of McCain's steering committee said that Catholics reject Hudson as a moral arbiter. In 2004, Hudson left George W. Bush's re-election campaign after the Fordham incident was publicized. However the McCain campaign has been resisting the calls for Hudson's ouster.

Israel's Chief Rabbi Backs Off Appointing More Conversion Court Judges

In Israel, the ongoing battle over conversions to Judaism and the staffing of the government's conversion courts continues. Haaretz reports today that Chief Rabbi Shlomo Amar has backed off his agreement to appoint more judges to conversion courts. A year ago, a committee headed by Absorption Ministry Director General Erez Halfon recommended the increase in order to ease the backlog of conversions. After delays in approval of the report by the government, finally two weeks ago Amar indicated his agreement and even sent letters to 22 appointees. However the current 25 judges of religious courts filed an objection with the Civil Service Commission, and Amar refused to finally approve the new judges. Critics say the current judges' objections stem from their concern about loss of income. They are paid for each court session they hold. This often leads to their holding more than one court session to approve a conversion. New judges would cut down the number of cases handled by current judges, and would reduce their income.

Recent Prisoner Free Exercise Cases

In Hudson v. Dennehy, 2008 U.S. Dist. LEXIS 56789 (D MA, July 25, 2008), a Massachusetts federal district court awarded a Boston law firm $237,299.25 in attorneys' fees and $13,630.17 in costs in connection with litigation in which the firm successfully vindicated the right of Muslim prisoners in the prison's special management unit to have Halal meals and have access to Friday Ju'mah services through closed circuit television.

In Johnson v. Ohio Department of Rehabilitation & Corrections, 2008 U.S. Dist. LEXIS 56978 (SD OH, July 18, 2008), an Ohio federal magistrate judge recommended denial of a temporary restraining order in a Rastafarian inmate's challenge to Ohio prison regulations regarding hair length.

In Hatcher v. Bristol City Sheriff's Office, 2008 U.S. Dist. LEXIS 57267 (WD VA, July 29, 2008), a Virginia federal district court agreed with prison officials that an inmate could be denied a no-pork diet. the court held that plaintiff "admits that his desire to 'purify' himself so that he can read the Quran has nothing to do with his personal, religious beliefs, but rather, arises from his desire to grow closer to his Shiite father. The descriptions of [his] beliefs in this complaint simply do not demonstrate that a diet including pork substantially burdens his ability to practice those beliefs."

In Sheik v. Wosham, 2008 U.S. Dist. LEXIS 57295 (ED MO, July 24, 2008), a Missouri federal district court rejected an inmate's complaints about the prison's policy of "referring to him as 'Mark S. Moore a/k/a Sheik Mark Stanton Moore-El,' rather than 'Sheik Mark Stanton Moore-El a/k/a Mark S. Moore'." It also concluded that plaintiff failed to allege any "governmental policy or custom" that resulted in infringement of his right to practice his Ancient Canaanite Moorish religion.

In Hollins v. Gitzelle, 2008 U.S. Dist. LEXIS 57423 (WD WI, July 22, 2008), a Wisconsin federal district court permitted a Muslim inmate to proceed with claims that he was denied access to Muslim religious services and to Halal food.

In Cartwright v. Meade, 2008 U.S. Dist. LEXIS 58127 (WD VA, July 31, 2008), a Virginia federal district court upheld prison authorities' seizure of reading materials regarding the Five Percent Nation of Islam. Virginia prison officials had classified the group as a security threat, and its material as gang-related.

The Jackson Hole (WY) Star Tribune (July 30) reported on the settlement of a Native American inmate's lawsuit against the Wyoming State Penitentiary. Andrew Yellowbear Jr. agreed to drop his federal lawsuit after prison authorities agreed that he could possess four eagle feathers for religious purposes. This is a compromise between the 10 feathers that Yellowbear requested, and the one originally allowed by prison authorities.

Sunday, August 03, 2008

Court Upholds Arizona Ban on Marijuana Against Religious Freedom Claim

In State of Arizona v. Hardesty, (AZ Ct. App., July 31, 2008), an Arizona appellate court rejected a criminal defendant's claim that Arizona's laws against marijuana possession violate his Free Exercise rights under the U.S. Constitution and Arizona's Free Exercise of Religion Act. Defendant is a practicing member of the Church of Cognizance that believes in unlimited use of marijuana to obtain spiritual enlightenment. The court held that Arizona's marijuana laws are neutral laws of general applicability and therefore survive a 1st Amendment challenge. The court also held that Arizona's uniform ban on marijuana is the least restrictive means for the state to vindicate its compelling interest in protecting health and welfare, so the ban is not precluded by Arizona's Free Exercise of Religion Act.

Turkey's AKP Will Not Push For End To Headscarf Ban

Time reported last week that Turkey's ruling Justice and Development Party (AKP) has decided that it will not, at least for now, press for new legislation to end the country's long-standing ban on women wearing Muslim headscarves at universities. The decision was made known by Deputy Prime Minister Cemil Cicek on Thursday, one day after Turkey's Constitutional Court reduced government funding to the AKP-- but did not dissolve the party-- because of its anti-secularist agenda. (See prior posting.)

Catholic Lay Group Condemns KofC For Not Expelling Politicians For Thier Views

The lay organization, Concerned Roman Catholics of America has issued a press release condemning the Knights of Columbus for failing to expel "pro-abortion and pro-homosexual politicians." The group is particularly concerned about a number of members of the Massachusetts legislature and their votes on issues of gay marriage.

Native American Church Member Wants Seized Peyote Returned

James "Flaming Eagle" Mooney is starting a letter-writing campaign to Congress in his attempt to get back from federal authorities some 15,000 peyote buttons that were seized from his Oklevueha Earthwalks church in Benjamin, Utah. (See prior posting.) In 2004, the Utah Supreme Court threw out a prosecution against Mooney, holding that Utah law permits the use of peyote by adherents of the Native American Church, even if they are not members of a federally recognized Indian tribe. (See prior posting). Federal law, however, limits peyote use to members of recognized tribes. Subsequently a federal lawsuit by Mooney seeking damages from the United States and the state of Utah was dismissed on sovereign immunity grounds. Friday's San Diego Union-Tribune reports that the U.S. Attorney's Office in Salt Lake City says that in ending the federal lawsuit, Mooney and his wife agreed that they will not possess or use peyote until Mooney qualifies as a member of a federally recognized tribe or a court rules that federal law permits his use of peyote. Mooney is relying on 1991 New Mexico federal district court decision that held limiting peyote use to recognized tribe members is a free exercise and equal protection violation.

Israeli Sanhedrin Condemns China's Repression of Falun Gong

In Israel in 2004, a group of rabbis recreated the Sanhedrin-- the traditional court of 71 rabbis that existed in ancient Israel. (See prior posting.) Canada Free Press reported on Saturday on a decision of the Sanhedrin, handed down on July 15, condemning the killing of Falun Gong adherents by China. The decision (full text) says: "Israeli Falun Gong practitioners, representing Falun Gong practitioners in the People’s Republic of China, lodged a complaint against the Government of the People’s Republic of China before the Sanhedrin sitting as The International Court of Justice, headed by Rabbi Adin Even Yisrael (Steinzalts) in the month of Tamuz 5767 [July 2007]." The opinion concludes:

[I]f the human rights issues are not addressed before the Olympic Games begin, we consider participation in them by athletes and by spectators and political leaders to be an indirect danger to world peace. With respect to other repression which the Government of the People’s Republic of China is alleged to be perpetrating or supporting, such as the Tibet Repression, the Darfur Massacres, the aid China is said to be giving to the development of nuclear weapons by North Korea – all these support the allegations of the Falun Gong practitioners regarding the attitude of the Government of the People’s Republic of China towards human life and the rights of
Nations.

Saturday, August 02, 2008

EEOC Complaint: Muslim Woman Not Hired Because of Headscarf

On Thursday, the Oklahoma chapter of the Council on American-Islamic Relations announced that it had filed a complaint with the EEOC on behalf of a Muslim woman who was denied employment at Abercrombie & Fitch's Kids store. The complaint alleges that the store's district manager told the woman that she could not be hired because her Islamic headscarf "does not fit the Abercrombie image." [Thanks to Dallas Morning News blog for the lead.]

GBLT Anti-Discrimination Ordinance Challenged as Anti-Christian

Earlier this week, the Thomas More Law Center announced that it would represent a group of individuals, businesses and religious organizations who are challenging an anti-discrimination ordinance adopted by Hamtramck, Michigan city council in June. The ordinance prohibits discrimination on the basis of sexual orientation and gender identity or expression. (Detroit News.) Hamtramck Citizens Opposing "Special Rights" Discrimination appears particularly bothered by provisions that would protect transgender individuals in using rest rooms. The group has gathered enough signatures so that a proposal to overturn the ordinance will be on November's ballot. Richard Thompson, president of Thomas More Law Center, said: "These ordinances end up being used to bully and prosecute Christians who faithfully practice their religion." However Councilwomen Katrina Stakpoole who supports the ordinance called a rally held at city hall by its opponents a “hate rally."

Florida County Tells Police That Humane Animal Sacrifice Is Protected

In Florida, adherents of Santeria are pleased that Miami-Dade County police officials have included a reminder in their Law Enforcement Handbook that humane killing of animals in religious ceremonies is protected by the U.S. Constitution. McClatchy Newspapers report today that Broward and Palm Beach counties are less tolerant of animal sacrifices by Santeria priests than is Miami-Dade. Lt. Sherry Schlueter, head of the Broward Sheriff''s Office special victims and family crimes unit agrees that animal sacrifices are legal so long as the killing is done humanely.

Beijing's Jewish Community Works With China's Relgious Regulations

Thursday's Forward reports from China on the 1,500-member Jewish community in Beijing and how it deals with China's regulation of religious activities. In the 1970’s, a small group of liberal North American Jews came to Beijing and founded a progressive congregation called Kehillat Beijing. They were later followed by more traditional Jews from Europe and the Soviet Union, and a Chabad rabbi arrived to serve their needs in 2001. Chabad Rabbi Shimon Freundlich says, "We try to fly below the radar." Technically the synagogue is in Freundlich’s home since Chinese regulations prohibit free-standing religious buildings. Government permission is needed to import Hebrew prayer books. Only holders of foreign passports are allowed by Chabad to attend its services or its cultural events. Chabad does not publicly advertise its activities, and Freundlich discourages inquiries about conversion from Chinese citizens. A ritual slaughterer flies in every 3 month to kosher-slaughter beef and chicken. Beijing’s only kosher restaurant, which opened last year, will have plenty of food for Olympic visitors this month.

Friday, August 01, 2008

Was Israeli Law Broken When Obama's Note Was Taken From Western Wall?

An article in yesterday's Slate magazine analyzes whether any laws were broken when a seminary student in Israel took Barack Obama's prayer note from the Western Wall and turned it over to Maariv, an Israeli newspaper. (See prior posting.) The writer concludes that the action violated several aspects of Talmudic law. On the civil law side, one lawyer has called for an investigation of whether the action violated laws protecting sacred sites and guaranteeing personal privacy. Slate comments:

Maariv could make the case that the note isn't part of the Western Wall itself, so the student who took it wasn't desecrating a holy place. The newspaper's lawyers might further argue that a public figure like Obama cannot have reasonably expected privacy at the wall, since he knew it was a public area, and that there was a chance his note would be read and disseminated. (A spokesman for Maariv says that the Obama campaign submitted the note to the newspaper, in which case the senator would indeed have forfeited all legal protection to privacy.)

Indian Police Arrest Kangaroo Court That Executed Husband In Mixed Marriage

The Howrah News Service out of the Indian state of West Bengal reports that police in the village of Lakshmanpur in Berhampore have arrested three men who acted as a kangaroo court and imposed a death sentence on Sailendra Prasad, a non-Muslim man who married a Muslim woman. Prasad hid his true religion when he married Manera Bibi, but disclosed it later on at a time when he was drunk. Prasad's in-laws, upset at his drinking habits, disclosed the unauthorized mixed marriage to the village's self-styled "judge" who then convened the court that imposed and carried out the sentence.

Court Upholds School's Objections To Religious Remarks In Graduation Speech

In Corder v. Lewis Palmer School District No. 38, (D CO, July 30, 2008), a Colorado federal district court upheld the actions of a high school principal who, in 2006, forced a student graduation speaker to apologize for including unauthorized religious material in her 30-second portion of a joint graduation speech by 15 valedictorians. Then-student Erica Corder's intentionally excluded the religious portion of her remarks from a draft submitted in advance to the principal, knowing that they would not be approved. Rejecting Corder's First Amendment claims, the court held that:

the valedictorian speech at the school's graduation was not private speech in a limited public forum but rather school-sponsored speech.... Accordingly, school officials were entitled to regulate the content of the speeches in a reasonable manner.... The graduation ceremony clearly bears the imprimatur of the school, as it was sponsored, organized, and supervised by school officials.

The court also held that a Colorado statute declaring that public school students have the right to freedom of speech was intended to apply only to student publications, and, in any event, would not preclude schools from regulating speech that could violate the Establishment Clause. Finally the court concluded that the principal was justified in requiring Corder to apologize, and that this did not amount to unconstitutional coercion of speech. (See prior related posting.)

Plaintiffs Win In Two Cases Charging Anti-Semitic Harassment In Employment

In Cutler v. Dorn, (NJ Sup. Ct., July 31, 2008), the New Jersey Supreme Court held that under the state's Law Against Discrimination, religious-based harassment that creates a hostile work environment is judged by the same standards as are claims of a sexual or racial harassment. At issue were anti-Semitic statements made by co-workers and supervisors of police patrolman Jason Cutler. The court concluded that sufficient evidence was presented at trial for the jury to conclude that Cutler suffered severe or pervasive harassment.

In another religious discrimination case this week, the New York Times reports that last Monday a federal court jury in New York awarded $735,000 in actual and punitive damages to a former employee of the Triborough Bridge and Tunnel Authority who claimed anti-Semitic harassment by his supervisor. Plaintiff Gregory Fishman alleged that he was denied time off for knee surgery, was passed over for promotion, because of his religion. He also claims he was demoted after filing a discrimination complaint. He finally left his job because of the harassment. [Thanks to Steve Sheinberg for the lead.]

11th Circuit Orders Recognition of Christian Fraternity By UF Pending Appeal

In May 2008, a Florida federal district court in Beta Upsilon Chi v. Machen, 2008 U.S. Dist. LEXIS 42653 (ND FL, May 28, 2008), refused to issue a preliminary injunction against the University of Florida in a lawsuit by Beta Upsilon Chi, a Christian fraternity. BYX challenged the University's refusal to grant it recognition as a student group. The University's action was based on the school's non-discrimination policy that prohibits religious discrimination by registered student organizations. BYX requires its members to believe in Jesus Christ. The district court held that since the University policy allows the fraternity to limit its leadership to professing Christians, merely requiring non-discrimination as to members does not pose a burden on the fraternity's expressive associational rights. It said: "BYX has failed to show that the forced inclusion of a non-Christian in their group meetings or other functions will prevent BYX from encouraging their Christian members in their faith, fostering unity with like-minded Christians, and teaching Christian leadership."

BYX filed an appeal with the 11th Circuit. On Wednesday, according to an AP report, the Court of Appeals granted an injunction (full text) ordering the University to grant recognition to the fraternity while its appeal is pending. A release by Alliance Defense Fund says the a motion for summary judgment is still pending in district court as well. (See prior related posting.) [Thanks to Blog from the Capital for the lead.]

Leader of Christian Group Demands Removal of Georgia Guidestones Monument

Mark Dice, leader of a Christian group known as The Resistance, is pressing the town of Elberton, Georgia to remove a 19-foot tall granite monument that sets out "ten guidestones" to an age of reason in eight different languages. The Georgia Guidestones Monument is a tourist attraction. A release by the Elberton Chamber of Commerce says that the monument is located on county property and was constructed in 1980 after being commissioned by a man that identified himself only as R.C. Christian. Elberton is the granite capital of the world. According to a WorldNet Daily report earlier this week, Dice argues that the monument contains pagan, New Age and satanic themes. He says: "We have atheists and Satanists getting the Bible’s 10 commandments removed from public property, yet the satanic Georgia Guidestones have stood for decades, and nobody seems to care. Well, we do." [Thanks to Dispatches from the Culture Wars for the lead.]

UPDATE: Comments posted below by Bill Poser support strongly the conclusion that the Guidestones Monument is in fact on private property, and that the press release indicating otherwise is in fact a release by The Resistance, not by the Elberton Chamber of Commerce.

Thursday, July 31, 2008

RICO Lawsuit Filed Against Church of Scientology

Today's New York Daily News reports that Scientology critic Peter Letterese has filed a $250 million federal lawsuit under the Racketeer Influenced and Corrupt Organizations statute against the Church of Scientology and a number of related organizations and individuals. Among those named in the lawsuit is actor Tom Cruise who, it is claimed, helped fund the Church's activities. The suit was filed in the Southern District of Florida on July 15. The 80-page complaint (full text) alleges that behind the apparent religious activities of various Scientology-related organizations is an elaborate criminal syndicate which sought to infringe intellectual property rights to a book by author Leslie Dane. Letterese bought the rights to the book in question from Dane's estate. Earlier this month in Peter Letteresse & Associates, Inc. v. World Institute of Scientology Enterprises, (11th Cir., July 8, 2008), the U.S. 11th Circuit Court of Appeals upheld a "fair use" defense as to some, but not all, of Scientology's uses of Dane's book.

"Defamation of Religions" Campaign Discussed In Congress, By Magazine

Macleans Magazine last week carried a long article on efforts by the Organization of the Islamic Conference make "defamation of religions" an offense under international law. It says in part:

The trend has rights advocates worried.... Defamation laws traditionally protect individual people from being materially harmed by the dissemination of falsehoods. But "defamation of religions" is not about protecting individual believers from damage to their reputations caused by false statements — but rather about protecting a religion, or some interpretation of it, or the feelings of the followers. While a traditional defence in a defamation lawsuit is that the accused was merely telling the truth, religions by definition present competing claims on the truth, and one person's religious truth is easily another's apostasy. "Truth" is no defence in such cases. The subjective perception of insult is what matters, and what puts the whole approach on a collision course with the human rights regime — especially in countries with an official state religion.

The article builds on testimony offered at a July 11 off-the-record briefing presented by the Congressional Human Rights Caucus Task Force on International Religious Freedom titled "Taboos" on Freedom of Religion and Expression at the United Nations: How Religious Defamation Resolutions are Setting a Dangerous Precedent. (Announcement of briefing.) Among those those making presentations were Becket Fund's Angela Wu, whose Issue Brief on the topic is available online. Earlier this week, Becket Fund issued a press release on the Macleans article.

Democratic Convention Reaching Out To Faith Communities, With Some Objections

The Democratic Party continues its efforts to reach out to faith communities in connection with its upcoming Denver Convention. (See prior posting.) According to a story on the Convention's official website, on July 25, marking one month before the start of the gathering, members of Colorado Ute Indian tribes performed a Native American blessing outside the Pepsi Center where the Convention will be held. The first official event of the Convention will be an interfaith gathering on Sunday, August 24 at the Wells Fargo Theater in downtown Denver. The Secular Coalition for America, however, issued a release expressing dismay at the exclusion of "tens of millions of American voters who are nontheists." It says it has written Convention CEO Leah Daughtry suggesting that the interfaith event will be divisive, and seeking to discuss ways to make the Convention more inclusive. Apparently Daughtry is taking the secularists' concern seriously.

Bulgaria Targets Unregistred Religious Groups

Bulgaria's Law on Religions requires that religious organizations be registered in order to operate in the country. The Sofia News Agency reports today that the Supreme Administrative Prosecutor's Office has asked a court to terminate the activities of five unregistered organizations that are engaging in religious activities under the guise of humanitarian or educational goals.

US Agency Calls For President To Press China On Religious Freedom

Yesterday the U.S. Commission on International Religious Freedom held a joint press conference with the Congressional Human Rights Caucus at which it called for President Bush to speak out publicly on human rights during his trip to the Beijing Olympics. (Press release). Pointing particularly to repressive measures taken by the Chinese government against Tibetan Buddhist monks and nuns as well as against Protestant and Catholic groups in China, USCIRF suggested seven specific high profile steps that President Bush could take while in China.

Meanwhile, the International Campaign for Tibet published an English translation of an official government document that outlines new measures to be taken against Buddhist monasteries and monks in Tibet in the wake of protests against Chinese rule. The document, issued by the Kardze Tibetan Autonomous Prefecture in Sichuan province, calls for measures that are characterized by Tibetans as reminiscent of China's Cultural Revolution. (See prior related posting.)

New Lawsuit Challenges New York's Enforcement of Kosher Inspection Laws

Four months after filing a similar lawsuit (see prior posting), Long Island (NY) kosher butcher Brian Yarmeisch has filed a new federal lawsuit challenging the manner in which New York state enforces its kosher food laws. Yesterday's New York Jewish Week reports that Yarmeisch seeks a preliminary injunction to prevent the state from continuing to enforce portions of its Agriculture and Markets Law. This comes as the state has not yet responded to the March lawsuit. Yarmeisch believes that New York's Kosher Law Protection Act of 2004 merely requires that he post the name of the person who supervises the kosher status of products he sells. However state inspectors have continued to visit his premises to look at whether the prepared food items he sells contain only ingredients that were certified as kosher. At issue are differences between Orthodox and Conservative rabbis over whether items such as vegetables, dairy products and certain wines must actually carry a kosher certification in order to be used.