Clergy-Penitent Privilege Held Inapplicable When 3rd Party Is Present

In Candice S. v. Superior Court, (CA Ct. App., Aug. 11, 208), a California appellate court held that the clergy-penitent privilege does not apply to communications made to a member of the clergy in the presence of a third person, even if the tenets of the religion treat the communication as confidential. Applying that principle in a child custody case, the court held that statements by the child's mother and father in group meetings with elders of the Jehovah's Witness Church are not privileged. In the meetings at issue, both the child's mother and father, or at least one of them and the child's grandparents, were present. In one of the meetings, the father admitted that the child was conceived when he raped the mother at a drive-in movie theater while she was under the influence of prescription pain killers. At two other group meetings, the elders discussed that admission.

Generals Criticized For Endosring Spiritual Book

Military.com reported yesterday on the controversy surrounding the endorsement by high army officials of a book written by a military chaplain offering spiritual guidance to soldiers. The book is Lt. Col. William McCoy's, Under Orders: A Spiritual Handbook for Military Personnel. Gen. David Petraeus has been quoted as saying that the book "should be in every rucksack for those times when soldiers need spiritual energy." Maj. Gen. Mark Hertling is quoted on the book jacket: "a great book for soldiers to read several times throughout their careers." The endorsement has led the Military Religious Freedom Foundation (MRFF) to call for Patreas' dismissal and court martial. However now the book's author says that he was mistaken in publishing the endorsements: "[they] were intended for me personally rather than for the general public." The author has requested that distribution of the book be halted until a new book jacket overlay is designed. Mikey Weinstein, head of MRFF, says he will add these endorsements as part of an ongoing lawsuit that alleges "a pattern and practice of constitutionally impermissible promotions of religious beliefs within the Department of Defense (D.O.D.) and the United States military.' (Full text of complaint.)

Louisana Governor Will Not Renew Anti-Discrimination Executive Order

The AP reported yesterday that Louisiana Governor Bobby Jindal will not renew an anti-discrimination Executive Order (E.O. KBB 04-54) when it expires this week. The Order, issued in 2004 by former governor Kathleen Blanco bars state agencies from discriminating on the basis of religion, race, color, sex, sexual orientation, national origin, political affiliation or disabilities. It also requires that anyone contracting with the state must similarly agree not to discriminate in employment on any of these bases. Jindal says that state and federal law already prohibit discrimination. He is also concerned that the Order may make it difficult for the state to contract with faith-based organizations that hire on the basis of religion.

Personnel Changes At Two Federal Religion Agencies

Personnel changes have been announced at two federal agencies dealing with issues of religion. The U.S. Commission on International Religious Freedom announced yesterday that James D. Standish has been appointed its new Executive Director. Previously Standish served for seven years as Director of Legislative Affairs at the Seventh-day Adventist Church World Headquarters. Standish replaces Joseph R. Crapa who died last year.

Meanwhile, The Roundtable reports that Jay Hein, director of the White House Office on Faith-Based and Community Initiatives, has resigned effective August 29 in order to care for his father who is suffering from cancer. Hein announced his resignation last week during his regular conference call with state liaisons to religious charities. The White House is seeking a replacement for Hein. [Thanks to Melissa Rogers for this lead.]

Democratic Convention Will Be Heavy On Faith-Based Events

Yesterday's New York Jewish Week carries a long article discussing the extensive appeal to religious voters that will be a part of the Democratic convention in Denver next week. The convention kick-of will be a large interfaith gathering, and that will be followed by a series of "faith caucus" meetings, all designed, according to the article, "to close the [Democrat's] so-called 'God gap' and shed their reputation as the secular party...." Some critics, however, object to the extensive faith-based focus of convention events. Rev. C. Welton Gaddy, head of the Interfaith Alliance, says that the strong religious focus promised by both party conventions is a distraction from dealing with the economy, education, health care and the war issues facing the country.

City Sued Over Limits On Christian Protesters At Gay Pride Event

Alliance Defense Fund announced yesterday that it has filed a federal lawsuit against the city of Elmira, New York seeking an injunction on behalf of Christian protesters who were prevented from handing out literature, carrying signs and wearing a T-shirt with a Christian message at a gay pride event held in a city park in June 2008. The complaint (full text) in Barnes v. City of Elmira, New York, (WD NY, filed 8/20/2008) alleges that plaintiffs' 1st and 14th Amendment rights were violated by the city's policies of restricting their speech in a traditional public forum on the basis of content.

Nepal Supreme Court Rejects Traditional Treatment of Child Goddess

Nepal's Supreme Court has dealt a blow to the traditional practice in Nepal to select a young girl who will be isolated in a palace and worshiped as the reincarnation of a Hindu goddess of power. Gulf Times and AFP both report on the decision in a case filed by Nepalese lawyers challenging the isolation of the pre-pubescent choice, known as the Kumari. The court ruled that the Kumari has the rights protected by the United Nations Convention on the Rights of the Child. The court said that kumaris should be able to attend school, have access to health care, and have freedom of movement. The court ordered the government to create a five-member committee to study the condition of the kumaris and report back within a year. Nepal has become a constitutional democracy, a move that was to end the tradition of the Hindu king receiving an annual blessing from the Kumari to legitimized his power. (See prior related posting.)

11th Circuit Hears Arguments In Sectarian Invocations Case

Yesterday the U.S. 11th Circuit Court of Appeals heard oral arguments in BATS v. Cobb County Georgia, a case challenging the opening of Cobb County, Georgia, County Commission meetings with sectarian prayers. The trial court's decision refused to ban sectarian prayers, so long as a wide variety of clergy were invited to deliver invocations. (See prior posting.) The Atlanta Journal-Constitution reports that the 11th Circuit judges questioned ACLU lawyer Daniel Mach on how the county is to distinguish sectarian from non-sectarian prayers. They also questioned how the county could enforce a ban on sectarian content of prayers.

U.S. Olympic Coach Proselytizes His Archer-Athletes

Today's New York Times reports that the proselytizing of athletes by Kisk Lee, head coach of the U.S. Olympic archery team, concerns the U.S. Olympic Committee. At least three of the five members of the U.S. archery team in Beijing meet with Lee each morning to sing hymns, read from the Bible and attend services at the chapel in Olympic Village. Lee, who became a Christian in 1999, says: "I don’t want to have any favorites. I would love to be fair for everyone. But sooner or later, if they can see through me God, that’s what I want to try to do." Lee says that Christianity helps athletes clear their minds and focus. A Colorado mother who is a Buddhist expressed concern about the pressures her 16-year old daughter felt to accept Christianity when she trained with Lee at the Olympic Training Center in Chula Vista, Calif.

McCain Urged Not To Use Religious Test For Veep Choice

Former Minnesota Governor Arne Carlson wrote John McCain last Saturday asking him not to rule out vice-presidential picks on the basis of their religion. Monday's St. Paul Pioneer Press reported that Carlson seems particularly concerned about evangelical opposition to Mormon Mitt Romney. He wrote: "If a Mormon cannot be considered today for high office, who will be eliminated from the same consideration tomorrow? If a segment of a broad religion can impose its religious criteria on a presidential candidate and the Republican Party, then what other challenges to the Constitution can they make?"

Egyptian Proposal On Organ Donation Seen By Some As Religious Discrimination

In Egypt, a proposed law regulating organ donation has become controversial. Spero News yesterday, and Daily News Egypt on Monday, reported on the proposal that would allow organ donations only to family members (up to the fourth degree). It would also ban organ transplants between individuals of different religions or different nationalities. Proponents say the law is aimed at stopping the current black market in human organs, particularly sales by the poor to wealthy Egyptians or to foreigners who travel to the country. The Egyptian Human Rights Union, however, has sued the Egyptian Medical Association claiming that the proposed law amounts to religious discrimination between Muslims and Christians, and could eventually lead to religiously segregated hospitals. For now, the proposed law is stalled because of objections from some Muslim religious leaders who do not recognize brain death as the test for the end of life-- a test that is necessary if organs are to be obtained while still usable.

New Jersey School Issue Vote Postponed Because of Holy Day Conflict

The Edison, New Jersey, Public School District is seeking voter approval for the issuance of $57.8 million in bonds to construct a new school building and expand three others. New Jersey law provides only four specific dates on which special elections on such issues can be held. Originally the Board of Education decided to place the issue on the ballot on the first available date-- Sept. 30. However this year that day is Rosh Hashana, and that meant that observant Jews would need to vote by absentee ballot. Yesterday's New Jersey Jewish News reports that the scheduling conflict created a firestorm of protest from a number of Jewish groups. In a letter to school officials, several groups argued that the absentee ballot alternative effectively created "a separate and more cumbersome voting procedure for a whole group of Edison residents based solely on their religion." Edison has now agreed to reschedule the vote for December 9, but Board of Education vice president Joseph Romano says that even if the measure passes, waiting until winter means an additional several months of weather delays before construction can begin.

Free Exercise and Vagueness Defenses Raised In Charges Over Death of Child

In Wausau,Wisconsin, according to WISN News, a couple charged with reckless homicide plead not guilty yesterday and are raising constitutional defenses. Dale and Leilani Neumann merely prayed for the recovery of their 11-year old daughter, Kara, after she suffered a diabetic reaction. She died 48 hours after symptoms became severe. A motion seeking dismissal of the indictment argues that the charges unconstitutionally infringe the couple's free exercise rights and their liberty interest in rearing their children. The motion also argues that the law is unconstitutionally vague. Wisconsin law provides that a parent cannot be charged with abuse or neglect of a child if in good faith the parent selects prayer as treatment for a disease. The prosecutor argues that the statute does not apply to homicide cases. (See prior related posting.)

Israel's Army Pursues Refunds From Officers Using False Rabbinic Ordinations

YNet News reported Monday that Israel's army is demanding that some 300 career and enlisted IDF officers repay the $560 (US) per month pay increases they have been receiving after claiming to have been ordained as rabbis. It turns out that their ordinations were fraudulent, having either been purchased from rabbinical schools without meeting the ordination requirements, or having been granted by institutions that are not qualified to certify rabbis at all. Military Police have been investigating the false ordinations for two years. [Thanks to Religion & State In Israel for the lead.]

Settlement Reached In Christian High School Group's Equal Access Claim

Alliance Defense Fund announced Friday that it had reached a settlement in a federal lawsuit filed earlier this year against the Deer Valley, Arizona Unified School District. (See prior posting.) The settlement will allow a Christian student group, Common Cause, to present video announcements of the group's activities, including a weekly morning prayer gathering, through Mountain Ridge High School's public address system and through distribution of leaflets on campus, on the same basis as non-religious groups are permitted to do so. In May, a federal district court in Krestan v. Deer Valley Unified School District, (D AZ, May 9, 2008), issued a preliminary injunction against the school, finding that plaintiffs were likely to succeed on the merits of their claim under the federal Equal Access Act as to the announcements which the school had previously refused to disseminate. The court found that the school's policy of limiting the days on which leaflets could be distributed by any student group was likely valid.

Is Religion An Element In the Georgia-Russia Conflict?

A posting on Reuters FaithWorld blog yesterday raises the question of whether religion is an element in the current conflict between Russia and Georgia. The issue was focused after Sen. John McCain, in discussing the conflict, stressed Georgia's long-standing Christian heritage. Reuters argues that both Russia and Georgia share Christian Orthodoxy, though:

since Orthodox churches are organised nationally, each side naturally reflects in some way its own country’s political view of the crisis. But even in his protest letter to Russian President Dmitri Medvedev, [Georgian Patriarch] Ilia’s only reference to religion was his lament that Orthodox were killing each other.

New "Blogalogue" Offers Church-State Debate Between Two Opposing Experts

Beliefnet has launched an interesting new resource on church-state issues-- a blog titled Lynn v. Sekulow-- Politics, Religion and the Public Square. The blog is described as "an ongoing debate blog--a blogalogue--about how big (or little) a role faith and religion should play in American politics and government." The debaters are Rev. Barry W. Lynn, Executive Director of Americans United for Separation of Church and State, and Jay Sekulow, Chief Counsel for the American Center for Law & Justice. A link to the new site has been added to the Religion Clause sidebar under "Blogs".

Religious Cult Members Charged In Boy's Death

The AP reported yesterday on murder charges that have been brought against five members of a cult known as the "1 Mind Ministries". One-year old Javon Thompson died after being denied food and water for two days because he would not say "Amen" after meals. After the boy's death, the cult leader, Queen Antoinette, told her followers to pray for the boy's resurrection from the dead. One of those charged with murder is the boy's mother, Ria Ramkissoon. Her attorney, as well as her own mother, say she was brainwashed by the cult's leaders.

Informational Meeting On Hamptons Eruv Turns Contentious

Hamptons Online yesterday reported at length on a contentious public information session held last Wednesday in Westhampton Beach, New York regarding a request by a local synagogue to construct an eruv-- a symbolic boundary that permits Orthodox Jews to carry items on the Sabbath. One-third of the large crowd at the meeting held in The Hampton Synagogue walked out when one of the panelists, Joel Cohen, began reading anti-Semitic e-mails that the synagogue had received over the matter. This however reflected more pervasive tensions over the proposal. Some opponents fear that creating the eruv will attract more Orthodox Jews to the area and turn the town into a religious enclave. (See prior related posting.)

CA High Court: Doctors Cannot Assert Free Exercise In Refusing IUI Treatment For Lesbian

Today in North Coast Women's Care Medical Group, Inc. v. San Diego County Superior Court, (CA Sup. Ct., Aug. 18, 2008), the California Supreme Court held unanimously that a medical clinic's physicians are prohibited by the Unruh Civil Rights Act from discriminating against patients on the basis of sexual orientation. They may not rely on the free exercise provisions of the U.S. or California constitutions to assert an exemption from that prohibition.

In the case, two clinic physicians refused, on religious grounds, to perform intrauterine insemination for Guadalupe Benitez, an unmarried lesbian patient. The court held that under the 1st Amendment, no religious exemption is mandated because the Unruh Civil Rights Act is a neutral law of general application. The court said it need not decide whether the California constitution imposes greater protection for religious beliefs, because even under a strict scrutiny standard defendants' assertion fails. Since the Unruh Civil Rights Act requires merely "full and equal" access, the physicians could either refuse to perform the procedure for any clinical patients, or refer patients to other physicians employed by the clinic who do not have the same religious objections. The court said that defendants are still free at trial to prove that their religious objections related to the fact that Benitez was unmarried, rather than the fact she was a lesbian.

Justice Baxter concurred, but argued that the balance of competing interests might come out differently in the case of a physician in sole practice. He said: "At least where the patient could be referred with relative ease and convenience to another practice, I question whether the state’s interest in full and equal medical treatment would compel a physician in sole practice to provide a treatment to which he or she has sincere religious objections." The San Diego Union Tribune reports on the decision. (See prior related posting.)

US Group Refuses To Leave Chinese Airport After Bibles Seized

Chinese law prohibits bringing printed religious material into the country except for personal use. CNN today reports that four members of the Sheridan, Wyoming based Christian group, Vision Beyond Borders, are refusing to leave the Kunming Airport after customs officials seized 300 Bibles that they had in their luggage that were to be distributed through a Kunming shop owner. The group's director, Pat Klein, said he has been bringing Bibles into China for 21 years, and did not know he was violating Chinese law. He says they will stay at the airport until their Bibles are returned to them.

UPDATE: Unable to get the Chinese to relent, members of Vision Beyond Borders left the Kunming Airport on Monday after 26 hours. (AP).

UPDATE: When members of Vision Beyond Borders returned to the Kunming airport to leave China on Wednesday for Thailand, their 315 Bibles were returned to them and they were escorted to immigration. (China Post, Aug. 20).

Recent Scholarly Articles and Book of Interest

From SSRN:

• Christopher C. Lund, The Congressional Chaplaincies (August 14, 2008).
• Benjamin M Leff, Sit Down and Count the Cost: A Framework for Constitutionally Enforcing the 501(C)(3) Campaign Intervention Ban, (August 12, 2008).

From SmartCILP:

• Conversation in Aid of a "Conspiracy" for Truth: A Candid Discussion About Jesuit Law Schools, Justice, and Engaging the Catholic Intellectual Tradition. Article by Gregory A. Kalscheur; responses by C. Michael Bryce, Thomas More Donnelly and student Spencer K. Nussbaum; reply by John M. Breen. 43 Gonzaga Law Review 559-669 (2007/08).
• Financial Innovations in the Muslim World. Articles by Bjorn Sorenson, Ali Adnan Ibrahim, Umar F. Moghul, Bashar H. Malkawi and Haitham A. Haloush. 23 American University International Law Review 647-805 (2008).
• Vols. 6 (2006-07 and Vol. 7 (2007-08)of the UCLA Journal of Near Eastern and Islamic Law [contents] have recently been published.

New Book:

• Religion & Law in America: An Encyclopedic Dictionary, (Grey House Publishing, Oct. 2008).

Paper Says 1953 Raid Was Precursor To FLDS Operation

Saturday's Arizona Republic carries a lengthy history of the raid 55 years ago on a polygamous community in Short Creek Arizona. The article suggests that the recent Texas raid on the FLDS Yearning for Zion Ranch has many parallels to the 1953 Arizona raid. The Arizona raid ultimately reinforced the convictions of members of the polygamous community.

Recent Prisoner Free Excercise Cases

In Massi v. Hollenbach, 2008 U.S. Dist. LEXIS 60463 (MD PA, Aug. 1, 2008), a Pennsylvania federal district court judge accepted a magistrate's recommendation and rejected a prisoner's challenge to regulations requiring that prisoners obtain religious publications from a publisher, book club, or book store unless it is shown that a publication is no longer available from such a source.

In Logan v. Arkansas Department of Corrections, 2008 U.S. Dist. LEXIS 61809 (ED AR, July 28, 2008), an Arkansas federal magistrate judge recommended dismissal of a challenge by a Wiccan prisoner to Arkansas hair length requirements for prisoners.

In Rankins v. Smith, 2008 U.S. Dist. LEXIS 61411, (ED NC, Aug. 7, 2008), a North Carolina federal district court dismissed for failure to exhaust administrative remedies a prisoner's claim that a prison officer retaliated against him for filing a complaint about medical treatment by failing to put his name on the Ramadan list and not allowing him to receive foods from the Eid-ul-Fitr feast.

Pugh v. Goord, 2008 U.S. Dist. LEXIS 60998 (SD NY, Aug. 1, 2008), is a lengthy opinion involving challenges by Shi'te Muslim inmates to New York's policy that provides for a single Friday Jumah service for both Sunni and Shi'ite Muslims, instead of allowing a separate Shi'ite service. Shi'ite prisoners also allege other anti-Shi'ite elements in the prison's program to accommodate their religious needs, making it, they say, a Sunni, not a generic Muslim, program. While rejecting damage claims, the court permitted some of the plaintiffs to move ahead with injunctive claims under the free exercise clause, establishment clause, equal protection clause and RLUIPA.

Scotland Agrees With Catholic Church On Content of Health Leaflets In Schools

Scotland on Sunday reports today that Scottish government officials will shortly begin a program to offer all school girls age 12 and 13 vaccination against cervical cancer caused by certain strains of HPV. However, against the advice of many health experts, the leaflet that will be distributed to those receiving the inoculation will not contain information on the use of condoms to prevent other sexually transmitted diseases. The decision was made in order to obtain support from the Catholic Church for offering the vaccinations in Catholic schools. The Church had originally objected to the vaccination program on the ground that it would encourage promiscuity. [Thanks to Edward Still for the lead.]

Study Lists Countries That Bar Foreign Religious Workers

WorldNet Daily reported Friday that a study from a researcher at the Library of Congress shows that 23 countries around the world deny entry to foreign religious workers, while an additional 16 allow entry only with restrictions. Almost all the countries on the "total ban" list are countries with majority Muslim populations.

TN High Court Says Cult Leader May Be In Loco Parentis Under Child Neglect Law

In State of Tennessee v. Sherman, (TN Sup. Ct., Aug. 15, 2008), the Tennessee Supreme Court refused to dismiss charges under Tennessee's child neglect statute against a religious cult leader in the death of Jessica Crank, a teenage girl whose mother opted for prayer instead of medical treatment for her daughter's bone cancer. Ariel Ben Sherman, a minister in the Universal Life Church, was not married to the girl's mother nor had he adopted the girl. However the mother and daughter lived with him, as did several of his other followers. Prosecutors claimed that Sherman had an in loco parentis duty to seek treatment for Jessica. The court held: "The Defendant's relationship with the mother may be circumstantial evidence of duty, but the ultimate question is the nature and degree of the Defendant’s relationship with Jessica. In theory, the State might be able to establish that the Defendant failed to perform a statutory duty to provide adequate medical care for the child." Yesterday's Knoxville News-Sentinel reported on the decision. (See prior related posting.)

County Fair Widens God and Country Day Discount

After complaints by an atheist group (see prior posting) about the "God and Country" day promotion planned by the Wilson County, Tennessee fair, promoters have responded. Instead of giving a $2 admission discount only to individuals who present a church bulletin at the gate, now the discount will be available to anyone presenting a bulletin from any faith's religious services, or anyone presenting a web page printout from any religious or secular group. Friday's Tennessean reported that Cheryl Lewis, member of the Wilson County Promotions Board, said that God and Country day was not discriminatory, and was begun in 2002 as a response to the 9-11 attacks. [Thanks to Scott Mange for the lead.]

Pastor Sues Parent Group and Paper For Defamation

The Dallas Morning News and the Associated Baptist Press report on a defamation lawsuit filed against the Baptist General Convention of Texas, the Baptist Standard and several other defendants by Rev. Otto Arango. The charges grow out of an investigation by the BGCT of Arango's claims that he and two other pastors started 258 new churches. The investigation questioned the use by Arango of some of the $1.3 million in start-up funds for these churches, many of which failed. The lawsuit says that statements published in the Standard were false and malicious, wrongly suggesting that he had improperly used church funds and lied about the number of churches he started.

Obama, McCain Quizzed on Faith and Values Issues

On Saturday evening, Pastor Rick Warren held his Saddleback Forum at which he interviewed both Barack Obama and John McCain on issues of concern to faith and values voters. Warren posed the same questions to each of the candidates-- giving each one hour on national television time. CNN and ABC, among others, report on the forum. Among a wide range of questions, Warren asked each candidate about his own personal Christian faith. (See prior related posting.)

Meanwhile a letter to Barack Obama, initiated by Rabbi Michael Lerner and signed by 140 members of the clergy, urges Obama not to move to the political center. The full text of the letter, included in a Los Angeles Times article today, reads in part: "We are writing you ... not as your election strategists, but as people of faith whose primary allegiance is to be prophetic witnesses to the ethical vision articulated in the holy texts of our religion and the elaboration of those religious traditions over the course of the past two thousand years."

UPDATE: The full transcript of the Saddleback Forum is now available online.

5th Circuit Upholds Death Sentence Despite Jury's Use of Bible

In Oliver v. Quarterman, (5th Cir., Aug. 14, 2008), the U.S. 5th Circuit Court of Appeals rejected convicted murderer Khristian Oliver's challenge to his death sentence. The court summarized the challenge and its holding as follows:

Oliver argues that the jury violated his rights under the Sixth and Eighth Amendments by considering passages from the Bible during the sentencing phase of its deliberations. Although the jury improperly consulted the Bible, the state court found that the Bible did not influence the jury’s decision. As Oliver has not presented clear and convincing evidence to rebut this factual finding, we AFFIRM the district court’s decision to deny the writ.

In concluding that the Texas state jury's use of the Bible was improper, though ultimately harmless error, the court said: "when a juror brings a Bible into the deliberations and points out to her fellow jurors specific passages that describe the very facts at issue in the case, the juror has crossed an important line." Today's Houston Chronicle reports on the decision. (See prior related posting.)

Malaysia Threatens To Suspend Catholic Paper For Political Editorial

Malaysia's Home Ministry is threatening to suspend the Catholic newsletter, The Herald, for publishing articles and editorials relating to politics. The Star on Wednesday reported that The Herald has been issued a "show cause" letter that claims it is violating the conditions of its publication permit that only allows it to publish articles about religion and religious activities. The current suspension threat focuses on an upcoming editorial about a by-election in Permatang Pauh. The paper's editor, Father Lawrence Andrew, says that the editorial will merely urge people to pray for a fair and just election. (See prior related posting.) [Thanks to Constant Lewis for the lead.]

Italian Suit Challenging Baptism Dropped

In Italy, the Union of Rationalist Atheists and Agnostics has dropped a lawsuit on behalf of a plaintiff who was attempting to have his name deleted from a baptism register. The suit challenged the right of parents to have their children baptized. According to World Net Daily, the suit alleged that since the law does not allow parents to enroll their children in organizations like labor unions, parents should also not be able to decide that their children should become members of religious associations. The complaint cited protection of children's religious freedom and Italian Constitutional Court precedents on free will and personal privacy in religious decisions. Alliance Defense Fund, which was involved in convincing the group to drop its lawsuit as frivolous, warned that while "such lawsuits may seem far-fetched, ... foreign legal decisions are increasingly cited in American courts."

Tanzania Debates Creation of Kadhi Courts

Dar Es Salaam's The Citizen reports today on an emotional debate in Tanzania's Parliament over whether Kadhi courts should be set up by the government to handle issues such a marriage, divorce and inheritance for Muslims. The government is studying a report by the Law Reform Commission on the issue. Proponents argue that such courts are a necessary part of the Islamic faith and that the CCM's 2005 election manifesto promised them. Opponents say such courts would be unconstitutional and that the Muslim religious bodies could deal with these issues without using taxpayer money for courts.

Ohio Library's Meeting Room Rules Enjoined

In Citizens for Community Values v. Upper Arlington Public Library Board of Trustees, (SD OH, Aug. 14, 2008), an Ohio federal district court found unconstitutional a public library's policy of making its meeting rooms available for a wide variety of meetings by non-profit groups, but barring their use for elements of meetings that are quintessentially religious or are inherent elements of a religious service. Finding that the library had turned its meeting rooms into designate public forums, the court held that plaintiff's proposed program on Politics and the Pulpit was consistent with activities permitted by the library, even though it included prayer. In concluding that it would issue a permanent injunction, the court said it was not expressing view on the Library's policy of excluding use of meeting rooms for religious services. Yesterday's Columbus Dispatch reports on the decision, as does a release from Alliance Defense Fund. (See prior related posting.)

Utah FLDS Members Will Be Able To Get Individual Title To Property

Yesterday's Deseret News reports that Utah Judge Denise Lindberg , who is overseeing the reorganization of the United Effort Plan that owns assets of the FLDS Church, says that she will not prevent FLDS members from gaining ownership of their own property. The judge's comments came in response to a question raised in court by FLDS spokesman, Willie Jessop. This marks the first time that FLDS members have been willing to participate at all in the court proceedings. Lindberg said, "I certainly am not going to put a religious test on the eventual distribution of property." There may, however, be restrictions on property when individuals gain ownership of it. The Houston Chronicle reports that restrictions include a ban on individuals returning the property to the church.

Congressional Candidate On "How Would Jesus Vote?"

Bennion Spencer, the Democratic congressional candidate from Utah's 3rd district, has written a book on Jesus and politics that will appear in October. Yesterday's Salt Lake Tribune reported that the book attempts to analyze which policies Jesus would support. At one point, Spencer also suggested that Jesus would vote for him for Congress. Spencer characterized as "sacrilegious" his opponent, John Chaffetz's, support for detention camps for illegal immigrants. Chaffetz said of Spencer: "I don't think it's appropriate to guess which candidate Jesus Christ would support. That's sacrilegious to me."

Contempt Petition Against Judge For Poster Dismissed

According to a release by the American Center for Law and Justice, an Ohio federal district judge has dismissed a contempt motion brought by the ACLU against Richland County (OH) Judge James DeWeese. (See prior posting.) The court found that the "Philosophies of Law In Conflict" poster that Judge DeWeese has posted in his courtroom is significantly different from the Ten Commandments display ordered removed by the federal court in 2002.

Christian Groups Seek Removal of Canadian Chief Justice

In Canada, 42 Christian and pro-life organizations, and one individual, have filed a complaint with the Canadian Judicial Council seeking removal of Canadian Supreme Court Justice Beverly McLachlin. The Province reports that the complaint stems from the fact that McLachlin chairs the Order of Canada Advisory Council. Last month abortion activist Henry Morgentaler was honored with appointment to the Order. The groups say that McLachln's role in the selection reduces respect for her and the judiciary. Some express concern that tthe appointment may influence the results in reproductive rights cases.

UPDATE: Canwest News Service reported on Saturday that at he annual Canadian Bar Association news conference, Chief Justice McLachlin addressed the Morgentaler controversy. She said that she chairs the Order of Canada Advisory Council only because the law requires her to do so, that her policy is to not promote any particular candidate, and to abstain from voting. She sees her role as merely assuring that the meeting runs properly and the voting process is fair--unless, as was not the case with Morgentaler, she needs to break a tie.

Potenital County Resident Has Standing To Challenge 10 Commandments Display

In ACLU of Florida Inc. v. Dixie County Florida, 2008 U.S. Dist. LEXIS 61177 (ND FL, Aug. 8, 2008), a Florida federal district court held that an ACLU member had standing (and thus so did the ACLU) to challenge on Establishment Clause grounds a stone display of the 10 Commandments on the steps of the Dixie County (FL) courthouse. The member, identified only as John Doe, did not live in Dixie County, but was looking to purchase property there on which he and his wife could park their recreational vehicle. They encountered the offending display when they went to the county courthouse to research any encumbrances on property they were considering. Because of the display, Doe decided not to make an offer on the property. Prior reports indicate that the ACLU had been having difficulty finding actual county residents to bring the challenge.

IL Appellate Court Majority Invalidates Ban On Heirs Intermarrying

In In re Estate of Max Feinberg, (IL Ct. App., June 30, 2008), an Illinois District Court of Appeals, in a 2-1 decision, held unenforceable decedents' testamentary provision disinheriting any grandchild who marries outside the Jewish faith unless the spouse converts within one year of the marriage. Justice Cunningham delivering the opinion of the court held that public policy invalidates such provisions because they seriously interfere with an individual's right to marry the person of his or her choice. The opinion cites Restatement Third of Trusts that takes this position as well. Justice Quinn concurred specially, in order to more specifically counter the arguments of the dissent. Justice Greiman dissented, pointing out that a majority of other jurisdictions validate such provisions. He characterized the clause as an attempt by Max and Erla Feinberg to "to preserve their 4,000 year old heritage." An op-ed in yesterday's St. Louis Jewish Light discusses decision.

Turkey's AKP Official Ignites New Concerns Over Secularism Principle

After narrowly avoiding court-ordered dissolution for undermining Turkey's secularism (see prior posting), Turkey's Justice and Development Party (AKP) is again embroiled in controversy. After the court verdict, Prime Minister Recep Tayyip Erdoğan said that he would try to avoid polarizing Turkey's society. Today's Zaman reports, however, that the party's Deputy Chairwoman Edibe Sözen recently introduced a bill calling for places of worship for all children to be built in schools and for strong new rules against pornography. The bill was withdrawn after the Party publicly rebuked Sözen. However opposition parties say this shows the AKP still has a hidden Islamist agenda.

Prison Inmates Who Have Declared Multiple Faiths Create Issues for Chaplains

This morning's Tacoma (WA) News- Tribune carries an article about prisoners who declare multiple religions under a new Washington Department of Corrections Policy adopted earlier this year. (See prior posting.) McNeil Island Prison chaplain John Barnes says he is uncomfortable with the policy, which gives inmates the right to possess religious items from each declared faith. The Tribune's Lights & Sirens blog carries videos of interviews with several inmates who have declared multiple faiths.

Sheriff's Church Protection Program Questioned By County Commissioners

In Cleveland, Tennessee, according to yesterday's Cleveland Banner, Bradley County Commissioners are questioning a new Church Protection Program announced by Sheriff Tim Gobble. The Cleveland Banner reported earlier this month that the program was created in response to increased violence against churches around the country. According to the paper: "Any church [with over 50 attendees] desiring special deputies for the Church Protection Program must request the appointment of a maximum of two regularly attending church members, within good standing, who are trustworthy and responsible. The candidates must also be sponsored by church elders or the church's governing body." Commissioners raised not only questions of cost and liability, but also church-state issues. Commissioner Jeff Yarber questioned whether the program could be open to churches without extending it to all non-profit groups.

DC Land Exchange With Homeless Shelter Said To Violate Establishment Clause

Americans United for Separation of Church and State announced yesterday that it has written to the mayor of Washington, D.C. (full text of letter) to protest a proposed exchange of land between the District and Central Union Mission. Last Sunday, a letter to the editor in the Washington Post from a Presbyterian minister John W. Wimberly, Jr., also expressed strong objection to the deal. The city is giving the Mission a former school building worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.7 million. The Mission's activities are heavily religious. A Christian religious message is preached at every meal, and long term residents are enrolled in a"Spiritual Transformation Program." AU says that the land exchange supports a religious ministry in clear violation of the Establishment Clause. Today's Washington Post reports that Mission director David Treadwell says residents can opt out of prayer services and Bible study at the Mission.

8th Circuit Upholds Prison Grooming Rules In Split Decision

In Fegans v. Norris, (8th Cir., Aug. 11, 2008), the U.S. 8th Circuit Court of Appeals, in a 2-1 decision, rejected an Assemblies of Yahwah adherent's challenge to Arkansas grooming regulations for prisoners. The majority held that both the restrictions on long hair and the prohibition of beards withstand scrutiny under Religious Land Use and Institutionalized Persons Act. Judge Melloy, dissenting in part, cited the state's different treatment of women and those with dermatological conditions. The dissent argued that the case should be remanded for individualized review of "whether security could be achieved while not substantially burdening Fegans’s exercise of his religion." Yesterday's Northwest Arkansas Daily News reported on the decision.

Does McCain Ad Link Obama With the Antichrist?

An article in Friday's Wall Street Journal explores the controversy over whether an Internet ad being run by the McCain campaign contains a hidden message linking Barack Obama with the Biblical figure of the Antichrist. The ad, captioned "The One" [from YouTube], is described by the McCain campaign as merely a light-hearted attempt to show that Obama "gets carried away" when he speaks. Others, however, say that for those familiar with the "Left Behind" series of apocalyptic novels, the ad uses numerous symbols of the Antichrist.

Cert. Petition Filed In Case Excluding Religious Material From Class Project

The Alliance Defense Fund announced that yesterday it filed a petition for certiorari (full text) seeking Supreme Court review of the 6th Circuit's decision in Curry v. Hensinger. In the case, the Court of Appeals upheld a Saginaw, Michigan school principal's decision barring a fifth-grader from selling candy canes with religious material attached as part of a classroom project to learn about marketing. The 6th Circuit found that the school's decision was motivated by legitimate pedagogical concerns.

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."

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.

Recent Articles and Books of Interest

From SSRN:

• Larry Catá Backer, Theocratic Constitutionalism: An Introduction to a New Global Legal Ordering, Indiana Journal of Global Legal Studies, Vol. 16, No. 1, 2008.


• Josh Paul Davis & Joshua D. Rosenberg, The Immanent Structure of Free Speech Doctrine: Bong Hits, Jesus, and the Role of the Public Schools in Controlling Student Speech, (August 5, 2008).


• Christopher Scott Maravilla, The Diaspora Paradox: Integrating International Legal Norms into Domestic Law to Protect the Rights of Middle Eastern Diasporas (August 2, 2008).


• Malcolm Voyce, Buddhist 'Transgressions': The Violation of Rules by Buddhist Monks, Macquarie Law Working Paper No. 2008‐23 (June 17, 2008).

From SmartCILP:

• Diarmuid F. O'Scannlain, From Pierce to Smith: the Oregon Connection and Supreme Court Religion Jurisprudence, 86 Oregon Law Review 635-656 (2007).


• Jeffrey G. Sherman, Can Religious Influence Ever Be "Undue" Influence?, 73 Brooklyn Law Review 579-644 (2008).

New Books:

• Daniel Moeckli, Human Rights and Non-Discrimination in the "War on Terror", (Oxford University Press, Jan. 24, 2008), (Table of contents and introduction from SSRN).


• Douglas Laycock, Anthony R. Picarello, Jr. & Robin Fretwell Wilson (eds.), Same-Sex Marriage and Religious Liberty, (Rowman & Littlefield, August 28, 2008), reviewed in Becket Fund release.

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.

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.

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.]

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.]

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.

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."