Colorado Company Faces Dispute Over Ramadan Accommodation For Workers

In Greeley, Colorado, JBS Swift & Co. finds itself in the middle of protests regarding the appropriate accommodation of religious practices of its many Muslim employees-- mostly African refugees-- who are fasting during Ramadan. Today's Greeley Tribune reports that those working the late shift want their break time moved up to 7:30 pm so they can break their fast at sundown. Non-Muslim employees say it is unfair to give accommodation to Muslim employees that are not available to others. Federal law requires reasonable accommodation of workers' religious practices.

8th Circuit Affirms Dismissal of Religious Challenge To Controlled Substances Acts

In Olsen v. Mukasey, (8th Cir., Sept. 8, 2008), the U.S. 8th Circuit Court of Appeals held that plaintiff's attempt to enjoin enforcement against him of the federal and Iowa's controlled substances acts should be dismissed. Carl Olsen, a member of the Ethiopian Zion Coptic Church, uses marijuana for sacramental purposes. The court concluded the Olsen's RFRA, free exercise and equal protection claims were barred by collateral estoppel. His claims had been previously adjudicated in state and federal criminal prosecutions against him. The court held that RLUIPA does not apply because Olsen is not an institutionalized person. The court's decision affirms the dismissal of Olsen's claims by the district court.

Biden's Remarks On "Life" Trigger Bishops' Response

Catholic bishops around the country have reacted strongly to remarks by Democratic vice-presidential nominee Joseph Biden on last Sunday's "Meet the Press" (full transcript). Asked by interviewer Tom Brokaw what he would tell Sen. Obama if he asked Biden when life begins, Biden replied:

I'd say, "Look, I know when it begins for me." It's a personal and private issue. For me, as a Roman Catholic, I'm prepared to accept the teachings of my church. But let me tell you. There are an awful lot of people of great confessional faiths--Protestants, Jews, Muslims and others--who have a different view. They believe in God as strongly as I do. They're intensely as religious as I am religious. They believe in their faith and they believe in human life, and they have differing views...

I'm prepared as a matter of faith to accept that life begins at the moment of conception. But that is my judgment. For me to impose that judgment on everyone else who is equally and maybe even more devout than I am seems to me is inappropriate in a pluralistic society....

MR. BROKAW: But if you, you believe that life begins at conception, and you've also voted for abortion rights...

SEN. BIDEN: No ... I voted against telling everyone else in the country that they have to accept my religiously based view that it's a moment of conception. There is a debate in our church, as Cardinal Egan would acknowledge, that's existed.... [W]hen Thomas Aquinas wrote "Summa Theologia," he said ... it didn't occur until quickening, 40 days after conception....

Catholic News Agency yesterday reported on responses to Biden's remarks by Madison, (WI) Bishop Robert C. Morlino and Archbishop of Denver Charles J. Chaput. Bishop Morlino discarded his prepared Sunday homily in order to make impromptu remarks on Biden. He said that Biden does not understand the difference between "religious faith and natural law." He explained: "Any human being -- regardless of his faith, his religious practice or having no faith -- any human being can reason to the fact that human life from conception unto natural death is sacred."

Denver's Archbishop Charles J. Chaput and auxiliary Bishop James D. Conley issued a statement similarly criticizing Biden, saying that while there may be a debate over when "personhood" begins, there is no doubt that human life begins at conception. They argued that: "Resistance to abortion is a matter of human rights, not religious opinion."

Dutch Court Creates Controversy In Accomodating Beliefs of Muslim Lawyer

Courts in Europe continue to struggle with questions of accommodating Muslim religious practices. NIS News today reports that the Dutch Bar Association, along with politicians from both the ruling and opposition parties, oppose a ruling by a Rotterdam judge that Muslim lawyer Mohammed Enait need not rise when judges enter the courtroom. Enait says that standing for a judge would violate his Muslim religious beliefs that all people are equal. Enait is a controversial figure, previously having been embroiled in a dispute regarding his refusal to shake hands with women, even though his law firm's website carries pictures of two porn actresses who are supposedly the firm's secretaries.

City Says RLUIPA Limits Its Response To Distracting Church Sign

A church sign near Interstate 90 in Janesville, Wisconsin is too bright and so is distracting to motorists. However, according to yesterday's Church Solutions, the city will merely request that the church dim the sign. It will not require the church to do so, saying that the Religious Land Use and Institutionalized Persons Act protects the church's right to display the sign.

British Unions Call For Removal of Anti-Gay Equality Commissioner

In Britain, the Trade Unions Conference has unanimously called for the removal of Joel Edwards as one of the 17 commissioners on the Equality and Human Rights Commission (EHRC). Edwards, who was appointed to the new Commission created by the Equality Act 2006, is director of the Evangelical Alliance and a senior figure in Britain's black community. Pink News reported yesterday that those seeking Edwards removal say that the Evangelical Alliance is one of the strongest opponents of gay rights in the UK, and has previously launched large-scale campaigns against the Sexual Orientation Regulations that are now enforced by the EHRC.

Scientology Faces Charges In France; Takes Offensive Against YouTube

Jurist and AFP report that on Monday a French judge ordered the Church of Scientology to appear before a Paris Magistrate's Court to face criminal charges of organized fraud and ordered seven of its members to face charges of illegal practice of pharmacy. The cases arise out of a complaint by a woman that she paid over $28,000 (US), for classes, books, medications and an electrometer.

Meanwhile, the Electronic Frontier Foundation reports that in 12 hours last week (between Thursday and Friday), American Rights Counsel sent out over 4000 DMCA takedown notices to YouTube, all claiming copyright infringement by posted videos that were critical of the Church of Scientology. Many YouTube users responed with DMCA counter-notices.

Amish Men's Trial Delayed Over Obtaining Counsel

Yesterday's Watertown (NY) Daily Times reports that Hammond, New York's civil lawsuit against two members of the Swartzentruber Amish sect to enforce compliance with building codes has been delayed because defendants' religious beliefs are preventing them from obtaining attorneys. Amish refuse on religious grounds to retain attorneys, but will permit the court to appoint counsel or will permit counsel to intervene on their behalf. Public defender Steven Ballan was appointed to represent Joseph J. Swartzentruber and Henry D. Mast in criminal proceedings against them in Morristown, but he cannot represent them in a civil case. (See prior posting.) Nor may the court appoint counsel. Ballan is working to get a religious freedom group to intervene on behalf of the two Amish men. At issue in the lawsuit is the refusal of defendants to obtain building permits, install smoke detectors or get engineer-approved designs for homes they built.

Russian Prosecutors Say "South Park" Incites Religious Hatred

In 2006, Russia passed a law expanding the definition of extremism to include "inciting religious and national hatred." According to Reuters today, prosecutors in Moscow's region of Basmanny have filed a motion in court against the television station 2x2 seeking to ban the U.S. show South Park. Prosecutors' action came after the Russian Union of Christians of Evangelical Faith (RUCEF) filed a complaint against an episode of the program titled Mr. Hankey's Christmas Classics. The episode was broadcast in Moscow in January, dubbed into Russian. Prosecutors say the episode "bore signs of extremist activity." RUCEF says that South Park is just one of many cartoons that need to be banned because they insult religious believers and incite religious and national hatred.

French Secularists Attack Judge's Postponement of Trial for Ramadan

BBC News reported yesterday on the strong reaction of those who defend French secularism to a French court's decision to grant a Muslim defendant a trial delay. The trial was scheduled to start Sept. 16, but a lawyer for one of the seven men in Rennes charged with armed robbery told the court that this is in the middle of Ramadan, and his fasting client would not be in a position to defend himself properly. Fadela Amara, the government's Minister for Urban Affairs, called the trial's delay until January a "knife wound" in the principle of a secular republic. The reaction of French politicians was so strong that the prosecutor issued a denial that the postponement was because of Ramadan.

Recent Articles on Law and Religion

From SSRN:

• Paul E. Mcgreal, Constitutional Easements: A New Approach to Permanent Monuments in Traditional Public Forums , (Northwestern University Law Review Colloquy, Sept. 5, 2008).
• Mark S. Scarberry, John Leland and James Madison: Religious Influence on the Ratification of the Constitution and on the Proposal of the Bill of Rights, (September 2, 2008).
• David D. Cole, Terror Financing, Guilt by Association and the Paradigm of Prevention in the 'War on Terror', in COUNTERTERRORISM: DEMOCRACY'S CHALLENGE, Bianchi, Keller eds., Hart Publishing, (Sept. 3, 2008).
• Mary Jean Dolan, Why Donated Monuments are Government Speech: The Hard Case of Pleasant Grove City v. Summum, (Catholic University Law Review, Vol. 58, No. 1, 2008).
• Alison M. Kilmartin, Free Exercise, Free Speech, and 'Mere Religious Worship', (Sept. 1, 2008).
• Joseph (Yossi) E. David, Maimonides, Nature and Natural Law (Journal of Law Philosophy and Culture, Sept. 3, 2008).
• Benjamin L. Berger, The Cultural Limits of Legal Tolerance, (Canadian Journal of Law and Jurisprudence, Sept. 1, 2008).
• David L. Sjoquist & Rayna Stoycheva, The Property Tax Exemption for Nonprofits, Andrew Young School of Policy Studies Research Paper Series No. 08-15 (July 2008).

The Sept./ Oct. 2008 issue of Liberty Online: A Magazine of Religious Freedom has recently appeared. (Full text of articles.)

Pastor Seeks Church Support For Church-State Separation

Americans United reported Friday on the initiative by an Ohio pastor to coordinate church support for separation of church and state. Rev. Eric Williams, senior pastor of Columbus (OH)North Congregational United Church of Christ, is calling for pastors around the country to preach sermons on the importance of church-state separation on Sept. 21. This is one week before Alliance Defense Fund's "Pulpit Freedom Sunday." ADF has called on pastors to preach sermons about candidates on that Sunday, in violation of Internal Revenue Code limits on non-profit organizations. (See prior posting.) Rev. Williams will be holding a press conference tomorrow to announce a joint clergy letter asking the IRS to revoke the tax-exempt status of Alliance Defense Fund. Williams says: "The promotion of tax fraud, particularly to houses of worship, is not a charitable endeavor."

China Increases Ramadan Restrictions On Uyghurs

Radio Free Asia reported yesterday that in response to a string of violent attacks in the central-Asian Xinjiang region, China is increasing restrictions on its Muslim Uyghur population during Ramadan. Women are being forced to uncover their faces in public, restrictions on teaching Islam to Uyghur children are being intensified, and Muslim Uyghur restaurants are being required to be open during the daytime throughout Ramadan. Special efforts are underway in schools to teach students and teachers not to fast during Ramadan.

Marijuana Church Founders Plead Guilty; Will Pursue Free Exercise Defense

Arizona's East Valley Tribune yesterday reported that Dan and Mary Quaintance, founders of the Church of Cognizance, last month pleaded guilty in an Arizona federal district court to two marijuana-related charges. They will now pursue an appeal of the court's refusal to dismiss charges against them on free exercise grounds. The Arizona-based church which has "monasteries" in members' homes around the country, has as its motto: "With good thoughts, good words and good deeds, we honor marijuana: as the teacher, the provider, the protector." (See prior related posting.)

Nigerian Court Decides In Favor of Break-Away Church

Lagos, Nigeria's Sunday Vanguard reports today on a decision by the Federal High Court of Nigeria in a suit involving a break-away church-- Incorporated Trustees of United African Methodist Church (Eleja) Organization v. Incorporated Trustees of the United African Methodist Church (Evangelical), (No. FHC/L/CS/173/07). First the court upheld a ruling by the Corporate Affairs Commission that the break-away congregation could incorporate under the name United African Methodist Church (Evangelical). The Commission had found that its name was not identical or likely to confuse or deceive the public-- apparently a requirement of Nigeria's corporation law. The High Court held that it could not enjoin an organization from using a name which contains words in ordinary use. The court went on to hold that it lacked jurisdiction to adjudicate the Eleja church's claim that it is still entitled to occupancy of the break-away church's building. It held that under the Lands Use Act, a state high court is the appropriate forum to decide that issue.

Lawsuit In Argentina Asks Court To Define Anti-Semitism

Iran’s MEHR News Agency reports on a criminal lawsuit filed in Argentina by three members of the Argentine Second Republic Movement against the Delegation of Israeli Associations in Argentina (DAIA). The lawsuit filed in District Court No. 13, Secretariat No. 80 in Buenos Aires, focuses on the DAIA’s "Report on Anti-Semitism in Argentina—2006", which accused plaintiffs of "virulent anti-Semitism" because of articles they published. The lawsuit alleges that plaintiffs were slandered by the DAIA report because the articles in question were aimed only at official policies of Israel and at Zionism as a political ideology. The lawsuit seeks to have the Argentine court hold that criticism of the policies of Israel and criticism of Zionist ideology is not not anti-Semitism or discrimination on account of "religious belief." Religious discrimination is illegal under the Argentine Discrimination Act, Law No 23.592.

Some Qatar Companies Ignore Ramadan Reduced Hours Rule

Today’s Gulf Times reports that some employers in Qatar are ignoring rules that limit the work day to 6 hours during Ramadan. The Times says that some companies are continuing their normal 8-hour shifts, particularly for low-paid laborers, but just giving workers longer prayer times during Ramadan. Apparently the country’s Ministry of Labor has little interest in enforcing the6-hour workday requirement.

Citation of Meat Packer Raises Issue of Feds Judging Religious Rules

Yesterday’s Chicago Tribune reports that the U.S. Department of Agriculture cited Agriprocessors' Postville, Iowa meat packing plant for violations of the Humane Methods of Livestock Slaughter Act within days of PETA filing a complaint along with an undercover video it had taken of the firm’s kosher slaughter methods. The citation raises interesting questions of the extent to which the government may decide what are the religious rules of kosher slaughter.

7 USC 702(b) provides that it is consistent with the Humane Slaughter Act for slaughter to be carried out "in accordance with the ritual requirements of the Jewish faith or any other religious faith that prescribes a method of slaughter whereby the animal suffers loss of consciousness ... by ... the simultaneous and instantaneous severance of the carotid arteries..." The PETA video shows slaughterers making a second cut to a cow's neck without rabbinical supervision of that cut. Apparently the theory of the citation is that the second cut is inconsistent with kosher slaughter and therefore not within the protection of the statute. However, Menachem Lubinsky, a spokesman for Agriprocessors says a second cut when slaughtering cattle is permitted by kosher slaughter rules. The USDA citation led to no fine or other penalties.

ACLU Seeks Attorneys Fees In 10 Commandments Case

Friday’s Lexington (KY) Herald-Leader reports that the American Civil Liberties Union of Kentucky this week filed a petition in federal court seeking from the losing defendants attorneys fees of $390,588 and expenses of $8,133 for the ACLU’s successful challenge to 10 Commandments displays in McCreary and Pulaski counties. The case was litigated all the way to the U.S. Supreme Court. The ACLU says their request is conservative because it does not seek fees for work done by most of the attorneys other than the lead attorney on the case. Matthew Staver of Liberty Counsel, representing the counties, says the fees are too high and, in any event, should not be awarded because the case is still pending by reason a pending motion and appeal. (See prior posting.)

Mumps Outbreak Traced To Christian Group Opposing Inoculation

The Vancouver Sun reported last week that an outbreak of mumps that began in Chilliwack, British Columbia in February originated in a group of Dutch Reformed Christians who believe that people should put their faith in God to protect them, and not in modern medical techniques or inoculations. In past years, members of the same religious tradition living in Holland have suffered polio outbreaks because they have not been inoculated.

Palin Gets Mixed Reactions In Jewish Community

Columnists and reporters are indicating mixed reactions from the Jewish community on Sarah Palin's pick as the Republican vice-presidential nominee. Steven Waldman writing on Wednesday at BeliefNet says that Sarah Palin's pick "may end up scaring some Jews." According to the AP, Palin's church home for the last six years has been Wasilla Bible Church, an independent evangelical congregation, though before that she attended Wasilla's Church of the Rock (which I previously reported in reliance on an earlier AP story as her home church). At BeliefNet, Waldman focuses on the fact that two weeks ago Palin sat in church at Wasilla Bible as her minister introduced David Brickner, executive director of Jews for Jesus. Brickner gave a "classic Jews for Jesus talk" on the need to convert Jews to Christianity and argued that conflict in the Middle East is a reflection of a judgment because of unbelief. Waldman's article reprints Brickner's entire remarks.

Meanwhile, however, Rabbi Yosef Greenberg, a Chabad rabbi who has lived in Alsaka for 17 years, tells Haaretz that if Palin is elected, "the Jewish people and the State of Israel will have a great friend and admirer in the White House." Greenberg says he meets with Palin regularly for informal conversations. He says that the Conservative Jewish congregation in Wasilla was pleasantly surprised a few years ago when Palin turned up at the dedication of their new synagogue building. Greenberg added: "Had she been a Chabadnik she would have certainly been an envoy, because she is constantly working for the greater good."

Satmar Leadership Dispute Again Ruled Non-Justiciable

For six years, two factions within the Orthodox Jewish Chasidic Satmar community have, through three separate lawsuits, been attempting to get New York courts to decide which of the two sons of the late Grand Rebbe Moses Teitelbaum has inherited his leadership role. Recently a New York trial court has issued another decision in the case, reiterating that the dispute is not justiciable because deciding it would require the court to impermissibly entangle itself in religious doctrine. In Frankel v. Congregation Yetev Lev D'Satmar, (NY Kings Co. Sup. Ct., Aug. 22, 2008), the court denied a request for a preliminary injunction. One faction had argued that it was entitled to relief based on language in a prior decision stating that "the court leaves intact the status quo in terms of the day-to day operation of the Congregation and its institutions". The court disagreed, stating:

At bottom, all three cases mask a continued effort on the part of the split congregation to have the court make a determination as to who should be in control of the Congregation. This is what Justice Barasch, the Appellate Division and the Court of Appeals have said a civil court cannot do.... The Injunction action is nothing more than another disingenuous attempt by one of the factions to obtain relief which is beyond the reach of the court.

(See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

BC Human Rights Tribunal Dismisses FLDS Couple's Discrimination Complaint

Canadian Press on Wednesday reported on a decision handed down last month by the British Columbia Human Rights Tribunal in Palmer v. British Columbia Teachers' Federation, (BCHRT, Aug. 15, 2008). The Tribunal dismissed a complaint by a polygamous couple who are members of the Fundamentalist Church of Latter Day Saints who alleged the Teachers' Federation discriminated against them on the basis of religion and marital status when it sent a letter to the Premier, issued a press release and circulated a petition urging the provincial government to act against alleged sexual exploitation in the FLDS community in the town of Bountiful and alleged discriminatory teaching in the community's independent schools. The Tribunal concluded that the Federation's "purpose in creating the letter to the Premier, the newsletter, and the petition was not to discriminate against the Palmers or anyone else."

Islamic Debit Card To Be Offered Across Russia

Yesterday's Moscow News reports that Express Bank will offer a new Islamic debit card across Russia, despite opposition from some Central Bank officials. The card, which has already been introduced in the predominantly Muslim region of Dages­tan, are Shariah-compliant. Any interest earned on accounts is donated by the bank to charitable causes. The bank created the card in cooperation with the Spiritual Council of Muslims in Dagestan. The card's design avoids depicting living beings, something also banned by Islamic law. The card, which has also become popular with Christians and Jews in Dagestan who like its design, will be offered nationally through the Internet.

European Commission Clears Italy's Census of Roma Over Discrimination Claims

The European Commission has approved Italy's census of Roma gypsies in Italian camps, including fingerprinting of minors who cannot be identified in any other way. The London Times reported yesterday that the EC concluded the Italian government was conducting the census as part of its drive against street crime and was not not seeking ''data based on ethnic origin or religion." In July, a European Parliament resolution (full text) expressed concern about Italy's actions.

Latest Mt. Soledad Decision To Be Appealed

Citizen Link reports that the ACLU has decided to appeal the latest decision rejecting a challenge to the Mt. Soledad Cross. It will appeal to the U.S. 9th Circuit Court of Appeals the July decision in Trunk v. City of San Diego (see prior posting) that rejected an Establishment Clause challenge to Congress' acquisition of the veterans' memorial and its preservation of the cross as part of it. Litigation over the memorial site has been going on for 18 years.

Orthodox Archbishop and McCain's Pastor Offer Prayer At Convention Thursday

On the last day of the Republican National Convention (full schedule) the invocation was offered by His Eminence Archbishop Demetrios. He is archbishop of the Greek Orthodox Church in America and also delivered an invocation at the Democratic convention. (World Faith News.) The closing benediction was offered by Pastor Dan Yeary. KTAR News reports that Yeary is pastor of North Phoenix Baptist Church which McCain and wife have attended for over than 15 years.

Challenge To Court Use for Bible Study Survives Motion To Dismiss

In Barlow v. Superior Court of California, 2008 U.S. Dist. LEXIS 66668 (SD CA, Aug. 28, 2008), several court employees in San Diego sued to challenge the denial of their request to use an open jury room or court room for their weekly lunch-time Bible study meeting. They alleged that the denial amounted to discrimination based on the religious content or viewpoint of their speech. The court denied defendants' motion to dismiss, holding that it had insufficient evidence to determine whether the facilities had become a "designated public forum" for purposes of First Amendment analysis.

Private Prosecution Filed In London Over Offensive Jesus Statue

Ekklesia yesterday reported that in Britain, London resident Emily Mapfuwa, backed by the Christian Legal Centre, has filed a private prosecution against the Baltic Centre for Contemporary Art. The lawsuit alleges that the Centre committed an "act of a lewd and a disgusting nature and outraged public decency contrary to Common Law" by displaying artist Terence Koh's statue of Jesus with an erect penis. The statue is part of an exhibit titled "Gone, Yet Still", displaying art of Chinese-born artist Koh as well as works by Tracey Emin and Mark Titchner. The suit is being brought as a private prosecution because police concluded in May that there was no cause to prosecute. Civil rights activists say the suit is an attempt to bring back the abolished crime of blasphemy indirectly.

Court Says Bible Club Should Be Given Equal Access In California School

Yesterday's Orange County Register reports that a California federal court has issued a temporary injunction requiring the Placentia-Yorba Linda Unified School District to permit five students at Esperanza High School to form a proposed Bible club. School officials said that only curriculum-related clubs are permitted, but the court found that the school had permitted two clubs that are not curriculum based, and therefore needs to give the Bible club equal access. The two non-curriculum clubs were the Red Cross club that teaches CPR and raises health awareness, and Students Making A Difference that provides community volunteer work.

Ghana Churches Call Week of Prayer and Fasting For Fair and Peaceful Elections

National elections are scheduled in Ghana for December 7. The country's president, John Agyekum Kufuor, has urged a National Week of Prayer and Fasting to strengthen relations and tolerance among different denominations, as well as to enhance the relationship between state and church. Ghana Home Page reported yesterday that Christian Churches of Ghana has declared Sept. 29 to Oct 4 as the first such week, designed to ask for the intervention of the Lord for a free, fair, transparent and peaceful election. Groups representing Christians, Catholics, Pentecostals and Charismatics have all agreed to take part in the week. Organizers are concerned about growing political party violence, vote buying, and suspicion of the Electoral Commission.

More On Convention Prayers

The invocation on Wednesday at the Republican National Convention (full schedule) was given by Jesuit Father Edward Reese. Catholic News Service reports that Reese is president of Brophy College Preparatory School in Phoenix, from which the McCains' two sons graduated. The benediction was given by Rev. Eva Rodriguez, president of National Hispanic Evangelical Women.

Meanwhile Terry Mattingly writing for the Scripps Howard News Service yesterday focused in detail on the benediction offered on the last evening of the Democratic National Convention by Orlando, Florida mega-church pastor Joel Hunter. (See prior posting.) Hunter ended the prayer by instructing the audience that each of them should "end this prayer, your prayer, the way you usually end prayer." Hunter participated at the microphone by ending with: "In Jesus' name." On his church's website, Hunter explained: "I did not ask people to pray to another god; I asked them to finish a prayer according to their faith tradition. This may be a small point linguistically, but it is a huge point theologically."

Florida High Court Orders 2 Amendments On Church-State Off November Ballot

Only hours after oral argument on Wednesday morning, the Florida Supreme Court issued an order in Ford v. Browning, (FL Sup. Ct., Sept. 3, 2008) enjoining state officials from placing two constitutional amendments on the ballot. Amendment 7 would have deleted Florida's ban on use of public funds to aid any religious institution and would have provided that no one could be barred from participating in any public program because of religion. Amendment 9 would have in effect reversed a Florida Supreme Court decision barring private school vouchers, and would also have required that at least 65% of funds received by school districts be used for classroom instruction. The Supreme Court's order said that an opinion explaining its order would follow and that no motion for rehearing will be entertained.

All briefs filed and orders issued in the case are available here. ADL which was involved in the case issued a release endorsing the decision, saying that it indicates the Court agreed with its argument that the state Taxation and Budget Reform Commission exceeded its constitutional authority in proposing Amendments 7 and 9. Americans United, likewise involved in the litigation, also issued a release praising the Court's action. (See prior related posting.)

In a second decision on Wednesday, the Florida Supreme Court ordered off the ballot Amendment 5 which would have replaced school property taxes with other state funding. Florida Department of State v. Slough, (FL Sup. Ct., Sept. 3, 2008). [Thanks to Steve Sheinberg for the lead.]

Britain's Charity Commission Issues Draft on Humanist Charities

Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. Today the Charity Commission announced a parallel consultation on supplementary guidelines on Public Benefit and the Advancement of Moral or Ethical Belief Systems. The guidance will explain "how the principles of public benefit apply specifically to charities advancing a moral or ethical belief system, such as humanist and rationalist charities." (See prior related posting.)

Court Upholds School's Holiday Music Policy

In Stratechuk v. Board of Education, South Orange Maplewood School District, 2008 U.S. Dist. LEXIS 66383 (D NJ, Aug. 29, 2008), a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. The court rejected plaintiff's claim that the policy as interpreted by officials violates the Establishment Clause, holding that it "has a valid secular purpose, does not convey a message of disapproval of religion, and does not foster an excessive entanglement with religion." The court also rejected plaintiff's claim that the school policy as interpreted by officials violates his children's right to receive information and ideas, their right to learn, and their right to academic freedom. The court held that the school policy is directly related to pedagogical concerns. The court's decision in the long-running case came came after an earlier appeal and remand from the Third Circuit. (See prior posting.)

Webcasting of Sermons Increases IRS Scrutiny of Political Endorsements

Today's New York Times reports that the increasing presence of webcast sermons on church websites or on YouTube has made it easier for the IRS or watchdog groups to locate improper poltical endorsements by clergy. Several cases have come to the attention of the IRS this year after a sermon was webcast online. For example, Harlem minister James David Manning's sermon attacking Barack Obama spread from his church website to YouTube to right-wing talk shows, and gained the attention of the IRS after Americans United for Separation of Church and State filed a complaint two weeks ago.

New Director Named For White House Faith-Based Office

Blog from the Capital reports that Jedd Medefind, Deputy Director of the White House Office of Faith Based and Community Initiatives, will succeed outgoing director, Jay Hein, who recently resigned for personal family reasons. The new head of OFBCI earlier directed the faith-based office at the Department of Labor. (See prior related posting.)

Retired Military Offer Prayers At Tuesday's Republican Convention

The invocation and benediction at the Republican National Convention on Tuesday (full schedule) were both offered by retired military personnel. The invocation was by Rev. Dr. Robert G. Certain, Chaplain Col., U.S. Air Force (ret.). Rev. Certain (biography) is a former Vietnam POW and author of his autobiography, Unchained Eagle. The closing benediction was by Rabbi Ira M. Flax, Lt. Col. U.S. Air Force (ret.) Flax is an alternate delegate to the convention from Alabama. (Montgomery Advertiser). The benediction was introduced by Republican National Committee Chairman Robert M. "Mike" Duncan. Also on Tuesday night's program was music by Christian singer-songwriter Rachael Lampa.

Nigerian Coroner's Law Will Be Amended After Rising Muslim Opposition

In Nigeria, the Lagos State Executive Council yesterday sent the Coroner's Law back to the State House of Assembly for modifications after widespread protests that it prevents Muslims from promptly burying their dead as required by Islamic law. This Day reports that Governor Babatunde Fashola, bowing to increasing pressure over the law that was enacted last year, said that some people are exploiting concerns over the new law as a way of creating opposition to the government.

Catholics In Vietnam Demonstrate Over Land Rights

BBC News reports today on the two weeks of protests that have taken place in the Vietnam capital of Hanoi by Catholics who say the government took land belonging to the Thai Ha Parish and unlawfully gave it to a state-owned garment company that has now been privatized. Two weeks ago, hundreds of Catholics knocked down walls on the site to create a prayer site, and Catholics have been gathering there each evening in increasing numbers. The dispute is one of many over land rights in Vietnam, however the religious aspect of this dispute has created special problems for the government as police have clashed with demonstrators.

Italian Court Awards Damages To Woman Injured By Loud Church Bells

An Italian court has ordered the Madonna del Carmine parish near Genoa to pay a retired teacher damages of 60,000 Euros for the moral and physical damage caused to her over a 23-year period by the loud bells at the Church of Santo Stefano. M&C today reports that in the lawsuit, originally filed in 2003, the court also ordered the church to reduce the decibel level of its bells.

US, Europe Mount Opposition To Defamation of Religion Call At UN

Today's Washington Times reports that the U.S., European governments and religious rights organizations are making a new push to prevent the United Nations General Assembly this fall from adopting a renewal of the "Combating Defamation of Religion" resolution that is sponsored each year by the Organization of the Islamic Conference. In June, the European Centre for Law and Justice submitted an analysis of the Resolution to the U.N. The 16-page document (full text) criticizes the resolution, saying that it "replaces the existing objective criterion of limitations on speech where there is an intent to incite hatred or violence against religious believers with a subjective criterion that considers whether the religion or its believers feel offended by the speech." (See prior related posting.)

Buddhism Losing Out To Chistianity In South Korea

Today's Asia Sentinel says that protests by Buddhists in South Korea that the administration of President Lee Myung-bak is biased against them (see prior posting) are actually symptoms of deeper concerns about the rising influence of Christians in Korean society and government. The power and influence of the country's Buddhist community has been declining for 50 years, and there are internal splits over temple properties. Prof. Kim Yong Pyo of Dongkook Buddhist University in Seoul suggests that Koreans, especially younger ones, increasingly see Christianity as a superior progressive Western religion, while they see Buddhism as a tradition-bound folk religion.

Survey Says Majority Wants Churches Out Of Politics

Last week (Aug. 21), the Pew Forum on Religion and Public Life released a new report titled More Americans Question Religion’s Role in Politics. It reports on the results of a survey conducted in early August. Here are some excerpts from the report's Overview:

A new survey finds a narrow majority of the public saying that churches and other houses of worship should keep out of political matters and not express their views on day-to-day social and political matters. For a decade, majorities of Americans had voiced support for religious institutions speaking out on such issues.... [M]ost of the reconsideration of the desirability of religious involvement in politics has occurred among conservatives. Four years ago, just 30% of conservatives believed that churches and other houses of worship should stay out of politics. Today, 50% of conservatives express this view.

Greek Pagan Group Is Battling Plans For New Parthenon Museum

CNN yesterday reported on recent activities by a pagan group in Greece known as Ellinais. According to a 2007 AP article, the group wants to revive worship of twelve ancient Greek gods. It has won a court battle to be recognized as an official religion. Now it is attempting to get government approval for it to perform weddings and other rituals. In Athens on Sunday the group staged an illegal ceremony on the Acropolis amid the ruins of the Parthenon, praying to Athena (the ancient goddess of wisdom) to protest plans for the building of the controversial New Acropolis Museum. The group objects to the recent removal of marble pediments from the Parthenon and the re-housing of artwork from a current small museum on the Acropolis to the newly planned Museum. High priestess Doretta Peppa said: "The new museum is a monumental eyesore, an architectural monstrosity within the most traditional and archaeologically-rich part of Athens. It is an insult to our heritage..."

Evangelical Leaders Are Supportive After Palin Says Her Unmarried Daughter Is Pregnant

Within hours after Republican vice-presidential choice Sarah Palin announced that her unmarried 17-year old daughter is pregnant and will marry the father of the child, two leading pro-life religious leaders have issued statements supporting Palin. Dr. Richard Land, President of the Southern Baptist Convention's Ethics and Religious Liberty Commission, quoted by CBN News said in part:

This is the pro-life choice. The fact that people will criticize her for this shows the astounding extent to which the secular critics of the pro-life movement just don’t get it. Those who criticize the Palin family don’t understand that we don’t see babies as a punishment but as a blessing....

Dr. James Dobson of Focus on the Family, in a statement quoted in full by ABC News said in part:

... [T]he Palins should be commended once again for not just talking about their pro-life and pro-family values, but living them out.... Being a Christian does not mean you're perfect. Nor does it mean your children are perfect. But it does mean there is forgiveness and restoration when we confess our imperfections to the Lord.... The media are already trying to spin this as evidence Gov. Palin is a 'hypocrite,' but all it really means is that she and her family are human.

Reuters has further coverage of Palin's announcement. David Brody writing at CBN News says more broadly that the Palin developments will be a positive, not a negative, with Evangelicals. A Washington Post analysis says it is too early to definitively reach that conclusion.

British Museum Covers Paragraph Explaining Darwin

In Britain's Northampton, the Abington Park Museum operated by the Northampton Borough Council is in the midst of a controversy over a display on Darwin and fossils. The Northampton Chronicle & Echo reported last week that the museum was instructed to cover up one paragraph of an explanatory sign after a complaint by a religious fundamentalist. The Council said it was also concerned about poor syntax in the paragraph. The first two paragraphs of the sign explain that Darwin challenged the Biblical view of early geologists that fossils showed successive waves of creation. The objectionable paragraph then said: "[Darwin] used the same layers of fossils that had supported the Genesis view of evolution to show the slow changes that are taking place over the millennia of earth history, each small change enabling a species to the rigours of it's (sic) environment – the struggle for survival through natural selection leading to the survival of the fittest." [Thanks to Scott Mange for the lead.]

UPDATE: The National Secular Society reports (Sept. 1) that Northampton Council has ordered a new, corrected sign to replace the one that has been partially covered. The new wording is similar to the old, but omits reference to the Genesis view of evolution. Council head Tony Woods said the original sign was covered over by the previous administration because it was factually incorrect. [Again thanks to Scott Mange.]

Recent Scholarly Articles of Interest

From SSRN:

• Caitlin E. Borgmann, The Meaning of "Life": Belief and Reason in the Abortion Debate (August 30, 2008).


• Anthony D'Amato, Contested Morality: Judge Posner on Infanticide, Slavery, Suttee, Female Genital Mutilation, and the Holocaust , Northwestern Public Law Research Paper No. 08-27 (Aug. 25, 2008).


• Johnny Rex Buckles, Does the Constitutional Norm of Separation of Church and State Justify the Denial of Tax Exemption to Churches that Engage in Partisan Political Speech?, Indiana Law Journal, Vol. 84, (2009).

From SmartCILP:

• Daniel L. Dreisbach, The "Wall of Separation" Motif in Biblical Literature and Western Political and Legal Thought, 2 Liberty University Law Review 79-106 (2007).


• Martin Pritkin, The Value of Talmud Study to Modern Legal Education, 21 Temple International & Comparative Law Journal 351-386 (2007).


• Sacred Violence: Religion and Terror. Foreword by Jessie Hill and student Adam F. Kinney; articles by Louis Rene Beres, J. S. Piven, Parvez Ahmed and Gregory S. McNeal. 39 Case Western Reserve Journal of International Law 703-826 (2007-2008).

Brazilian Court Orders Withdrawal of Playboy After Priest Complains

In Brazil, a judge has ordered Playboy Brazil to recall its August issue because a photograph in it "hurts the feelings of believers". Brazzil Magazine reported Sunday that the Pela Vida Catholic youth institute and a priest filed a complaint after the recent issue of Playboy sold in the country carried a photograph of actress Carol Castro posing semi-nude with a rosary. The court also ordered Playboy to avoid using religious elements in future articles that include nudes. The magazine has not yet been withdrawn from news stands because Playboy Brazil has not yet been formally notified of the order.

Faith-Based Groups Likely To Be Important After Hurricane Gustav

The Christian Post reports today that faith-based organizations are among those preparing to move into areas that are affected by Hurricane Gustav that is threatening the Louisiana coast. World Vision has pre-positioned supplies as has the Salvation Army. Somewhat presciently, the Institute for Southern Studies just released in August a report titled Faith in the Gulf: Lessons From the Religious Response to Hurricane Katrina. The report concludes that: "More than any other nongovernmental sector—and in many cases, better than government agencies—faith organizations were able to quickly and effectively deliver the people and resources needed to help storm victims in need." The Durham (NC) Herald-Sun summarizes the report.

President Issues Ramadan Greetings To Muslims

On Friday, President Bush issued a Message (full text) sending greetings to Muslims observing Ramadan in the U.S. and around the world. The Message reads in part:

I thank the men and women of the Muslim community for their contributions to America. Your love of family, and gratitude to God have strengthened the moral fabric of our country. Our Nation is stronger and more hopeful because of the generosity, talents, and compassion of our Muslim citizens.

The observance of Ramadan begins tomorrow. Islam Online discusses the complicated determination of the starting date for Ramadan around the world. Today's Washington Post has a long article detailing the activity of one of Egypt's seven official moon sighting committees as it combines religion and science in determining the start of the month-long dawn-to-dusk fast.

FLDS Church Sues UEP Trustee

According to yesterday's Deseret News, the Fundamentalist LDS church, abandoning its stratgy of non-participation, filed suit on Friday in a Utah court to challenge a default judgment that the court awarded against its leaders in 2007. In 2005, the court took control of the United Effort Plan trust, the trust that held title to property of the FLDS church, after it was alleged that church leaders, including Warren Jeffs, had mismanaged it. The court appointed Bruce Wissan as fiduciary, and he sued the former UEP trustees for $8.8 million in damages. They failed to respond and a default judgment was entered. Now, however, the church and its leaders-- concerned that the church is facing destruction-- say the default judgment was obtained through fraudulent misrepresentation to the court of property values and transactions.

Controversy In Italy Over Museum's Exclusion of Veiled Muslim Woman

In Italy, controversy has broken out over the decision by a museum guard to deny admission to a Muslim woman who was wearing a niqab that left only her eyes visible. Friday's London Times reports that a guard at Venice's Ca Rezzonico invoked security regulations, and politicians have weighed in on both sides of the dispute. However the security firm involved says that in the future, all Venice museums will set aside a private room where female guards can check the identity of veiled Muslim women.

Rabbi In Zoning Dispute With New Jersey Township Over Services In His Home

This week's New Jersey Jewish Standard reports on a zoning dispute in Teaneck (NJ) over the use by a rabbi of his home for religious services. The house was purchased in October 2007 by Etz Chaim of Teaneck which hired Rabbi Daniel Feldman as its leader and rented the house to him. Feldman began in November to hold services in his living room. Neighbors petitioned the township, but it took no action, apparently in reliance on a 1985 New Jersey Superior Court case, Farhi v. Comm'rs of Deal [Lexis link], that held the state's constitution prohibits a municipality from using its zoning power to prohibit the free exercise of religious activity in the privacy of one's home.

On July 18, Feldman moved the services from his living room to his family room. The township's zoning ordinance requires a zoning permit where there has been a "change in use" of a piece of property. Neighbors filed a second petition saying that the July 18 move of the services-- now attended by 20 to 25 families-- was a change in use. Feldman says that the services on Friday evening and Saturday morning (as well as holidays) only total about 5 hours per week-- about 3% of the time-- too little to constitute a change in use. In a letter, however, the Teaneck zoning officer told Feldman to cease and desist from using the premises as a house of worship or place of public assembly. Feldman, who argues that this is still merely a protected private prayer group, has filed an appeal with the township zoning board.

8th Circuit Interprets Non-Curriculum Group For Purposes of Equal Access

In Straights and Gays for Equality (SAGE) v. Osseo Area Schools, (8th Cir., Aug. 29, 2008), the U.S. 8th Circuit Court of Appeals interpreted the federal Equal Access Act. The statute requires that high schools receiving federal funds must treat all non-curriculum related groups alike in granting access to school premises. Discrimination on the basis of the religious, philosophical, political or other content of speech at meetings of a student group is banned. Applying a definition of non-curriculum related groups developed by the U.S. Supreme Court in a 1990 case, the 8th Circuit decided that another school group that plans school dances and events at Maple Grove (MN) High School is non-curricular, just like SAGE, a group designed to promote tolerance and respect for gays and lesbians. However the other group was given greater access to school communication channels by being improperly classified as a curricular group. The court affirmed the granting of a permanent injunction giving SAGE the same access to school facilities. Jurist reports on the case and its background, as does Friday’s Minneapolis Star-Tribune.

More On Sarah Palin, Her Religion and Her Views On Church-State Issues

Yesterday I reported on information that was initially available about Republican vice-presidential candidate Sarah Palin's religious beliefs and views on church-state issues. In the last 36-hours, many additional pieces of information have been found by bloggers and reporters.

Palin's Religious Affiliation: Melissa Rogers, in her always excellent blog, reports on a number of additional items. In a 2008 Time Magazine interview, Palin said she was baptized as a Catholic, but her family attended non-denominational Christian churches. She identifies herself merely as a "Bible believing Christian". The AP yesterday, reporting that Palin has drawn strong support from Evangelical leaders, said that Palin's home church is an independent congregation, The Church on the Rock in Wasilla (just outside Anchorage). The Big Daddy Weave blog reports that this church was founded in 2000 with just 7 families, but has quickly grown. Palin sometimes also worships at the Juneau Christian Center, which is affiliated with the Pentecostal Assemblies of God. [UPDATE: Apparently Palin's current home church is Wasilla Bible Church, an independent evangelical congregation. AP says she joined this 6 years ago. Before that her home church was Church on the Rock.]

Palin’s Support for Faith Based Initiative: The Roundtable for Religion and Social Welfare Policy reports that Palin was a supporter of Alaska’s Office of Faith Based and Community Initiatives (OFBCI) set up by her predecessor in office. A 2007 Anchorage Daily News article reported that Palin's state budget proposed ending $1.5 million in state block grants to three cities and instead placing most of that amount in the budget of the OFBCI for it to distribute more broadly around the state.

Clarification of Palin’s Views on Teaching Creationism: Yesterday’s posting quoted an excerpt from a 2006 PBS interview in which Palin said she favored teaching both evolution and creationism in public schools. Since then, others have pointed out the Palin quickly qualified her statement through an interview with the Anchorage Daily News which reported:

Palin said she meant only to say that discussion of alternative views should be allowed to arise in Alaska classrooms: "I don't think there should be a prohibition against debate if it comes up in class. It doesn't have to be part of the curriculum." She added that, if elected, she would not push the state Board of Education to add such creation-based alternatives to the state's required curriculum.

Who Supported Palin for VP: Christianity Today says that Palin was the top pick for VP by Richard Land, policy head of the Southern Baptist Convention. In an Aug. 8 interview with CBS News, Land said that Palin would be the candidate who would most excite Southern Baptists. He explained: "she's a person of strong faith. She just had her fifth child, a Downs Syndrome child. And there's a wonderful quote that she gave about her baby, and the fact that she would never, ever consider having an abortion just because her child had Downs Syndrome. She's strongly pro-life."

Texas AG Clarifies Authorization for New Bible Courses In Schools

The Texas Attorney General this week issued a long-awaited Opinion (Opinion No. GA-0657, Aug. 28, 2008) on the state's new legislation authorizing courses on the Old and New Testaments' impact on history and literature. (See prior posting.) The question was whether or not schools are required to offer such courses every year. Focusing on two separate sections of the new law, the Opinion concludes that (1) schools are permitted but not required to offer such courses; (2) if such a course is offered but attracts fewer than 15 students, the course can be cancelled for that semester; but (3) while a full-fledged separate course is not required, schools are required to offer at least a unit of instruction on the impact of the Bible on history and literature somewhere in its required enrichment curriculum. Thursday’s Houston Chronicle reported on the AG’s opinion. [Thanks to Blog from the Capital for the lead.]

Court Says No Tax Exemption For Catholic Hospital That Gives Little Charity Care

In Provena Covenant Medical Center v. Department of Revenue of the State of Illinois, (IL Ct. App., Aug. 26, 2008), an Illinois appellate court agreed with the Illinois Department of Revenue that a Catholic Hospital in Urbana (IL) was not entitled to a property tax exemption. Covenant devoted less than 1% of its revenue to charity care. Applying six factors, the court upheld the Revenue Department's ruling that the property was not used exclusively for charitable purposes and did not belong to an institution of public charity. Alternatively the hospital claimed it was entitled to an exemption as property used primarily for religious purposes. The court also rejected this argument:

If "religious purpose" meant whatever one did in the name of religion, it would be an unlimited and amorphous concept…. "Religious purpose" within the meaning of [the statute] has to be narrower than "Christian service," or else "religious purpose" would mean everything (and, therefore, nothing)…. If the operation of the property is businesslike and more characteristic of a place of commerce than a facility used primarily for religious purposes, the property is not exempt from taxation… Covenant more resembles a business with religious overtones than property used primarily for religious purposes.

Thursday's Chicago Tribune reported on the decision. Today's Urbana News-Gazette reports that the county treasurer moved quickly after the decision to demand that the hospital return $6.1 million in property taxes and interest that the county had refunded when a trial court initially overturned the Department of Revenue's exemption denial.

A First Look At Sarah Palin's Religious and Church-State Views

Now that John McCain has picked a little known governor, Sarah Palin, as his vice-presidential choice, what do we know about her views on religion and church-state issues? The Anchorage Daily News gave this some coverage during her 2006 run for governor. Here is an excerpt from an Oct. 23, 2006 article:

Palin's parents say they are not political and don't know how she decided to turn her ambition and work ethic toward politics. Her Christian faith, they say, came from her mother, who took her children to area Bible churches as they were growing up (Sarah is the third of four siblings). They say her faith has been steady since high school, when she led the Fellowship of Christian Athletes, and grew stronger as she sought out believers in her college years.

Palin doesn't brandish her religion on the campaign trail, but that doesn't prevent others from doing so. After she was first elected mayor, her predecessor, John Stein, objected that a Valley cable TV program had hailed her as Wasilla's first "Christian mayor." In a column for the local newspaper, he named eight previous mayors and added that he, too, was a Christian...

And here is an excerpt from a Nov. 5, 2006 Anchorage Daily News article (via LEXIS):

A significant part of Palin's base of support lies among social and Christian conservatives. Her positions on social issues emerged slowly during the campaign: on abortion (should be banned for anything other than saving the life of the mother), stem cell research (opposed), physician-assisted suicide (opposed), creationism (should be discussed in schools), state health benefits for same-sex partners (opposed, and supports a constitutional amendment to bar them).

Palin and her staff complained that efforts to raise these issues in public were divisive and hypothetical. The normally unflappable candidate seemed put-upon when she faced a string of such questions in the last debate, on public television and radio Thursday night....

Palin said her reading of the Bible would not "bleed over into policy." But she has based much of her campaign around a close fundamentalist reading of another text - the state constitution - which she cited in nearly every debate as the source of her guiding principles.

Her respect for the state constitution was illustrated by her first veto as governor. Alaska's Supreme Court had ordered the state to provide health benefits to same-sex partners of public employees, finding that this was mandated by the state constitution's equal protection clause. Palin vetoed a subsequent attempt by the legislature to enact legislation to take away the same-sex benefits. After being advised by the state attorney general that the legislation was unconstitutional, she said that signing the bill would be in direct violation of her oath of office. (Anchorage Daily News, Dec. 29, 2006 article.)

UPDATE: Here is an Anchorage Daily News article from Oct. 25, 2006 quoting some of Palin's answers to church-state questions in a PBS debate during the gubernatorial race. On the teaching of creationism or intelligent design in public schools, she said:

Teach both. You know, don’t be afraid of information. Healthy debate is so important and it’s so valuable in our schools. I am a proponent of teaching both. And, you know, I say this, too, as the daughter of a science teacher. Growing up with being so privileged and blessed to be given a lot of information on, on both sides of the subject -- creationism and evolution. It’s been a healthy foundation for me. But don’t be afraid of information and let kids debate both sides.

[Thanks to the Dallas Morning News for the lead on the Update.]

UPDATE: See my Aug. 30 posting for more on this topic.

Court Rules On Motions In Church Concert Zoning Case

Church of Universal Love and Music v. Fayette County, 2008 U.S. Dist. LEXIS 65564 (WD PA, Aug. 26, 2008), involves a zoning dispute in which William Pritts and the church he founded are attempting to obtain rezoning or a special exception so his congregation can continue to use property in an agricultural area for religious concerts. Plaintiffs allege that a central tenet of the Church of Universal Love and Music is the belief that "religious inspiration and community are advanced by celebration of live music."

In the case, a Pennsylvania federal district court refused to grant plaintiffs' motion for summary judgment under RLUIPA, finding that there is a substantial dispute about the sincerity of Pritts' religious beliefs. It also denied both sides motions for summary judgment on the claim that the zoning denial imposed a substantial burden on plaintiffs' religious exercise, and defendants' motion to dismiss a claim under the "unreasonable limitations" provision of RLUIPA. The court also rejected defendants' motion for summary judgment on plaintiff's 1st Amendment free exercise and free association claims. Finally the court rejected plaintiffs' claim under the "equal terms" provision of RLUIPA and their takings clause claim, and dismissed certain individual defendants from the case.

10th Circuit Rejects Claim That Confidentiality Rule Violates Free Exercise

In Kosan v. Utah Department of Corrections, (10th Cir., Aug. 21, 208), the U.S. 10th Circuit Court of Appeals rejected a free exercise claim brought by Vivian Kosan, a counselor formerly employed by the Utah prison system. That portion of the lawsuit stemmed from a letter of warning issued to Kosan by one of her superiors because Kosan had reported unsubstantiated charges of sexual harassment by her supervisor Brandon Burr a religious authority, Burr's LDS Stake President. Kosan was instructed not to repeat that type of conduct which was defamatory and revealed confidential information. Kosan claimed that this order interfered with her right to consult with her clergy. The court concluded, however, that since the warning letter applied a policy against discussing Departmental business with outsiders that is applicable to non-religious as well as religious conduct, it is a permissible neutral rule of general applicability. (See prior related posting.)

California Prisons and Chaplains Deal With Same-Sex Marriage Ruling

AP reported yesterday that California prison officials are trying to determine the impact on prisons and prison chaplains of the California Supreme Court's ruling earlier this year legalizing same-sex marriage. The California Department of Corrections and Rehabilitation, in the midst of drafting new regulations on the subject, has decided that the same rules will apply that govern opposite-sex marriage. Inmates will be able to marry, but, for safety and security concerns, marriages between fellow inmates will not be allowed. Last year, California became the first state to allow conjugal visits and overnight stays for inmates with outside same-sex partners. Department lawyers also recommend that prison chaplains stop performing weddings for all inmates and leave that task to outsiders so chaplains who oppose same-sex marriage on religious grounds are not in the position of performing ceremonies only for some.

President Proclaims "National Days of Prayer and Remembrance"

Yesterday, President George W. Bush issued a Proclamation (full text) declaring Sept. 5 through 7 as National Days of Prayer and Remembrance in tribute to those who died in the 9-11 attacks. He also asked for prayer the safety and success of members of our Armed Forces. He concluded: "I ask that the people of the United States and their places of worship mark these National Days of Prayer and Remembrance with memorial services, the ringing of bells, and evening candlelight remembrance vigils. I also invite all people across the world to share in these Days of Prayer and Remembrance."

Religious Events On Thursday At Democratic National Convention

Here is a roundup of the religious events on Thursday's final session of the Democratic National Convention. (Full schedule of religious events.) The convention's second Faith Caucus was held in early afternoon. Scheduled panels, both moderated by Joshua Dubois, the campaign's director of religious affairs, were:(1) "Moral Values Issues Abroad". Panelists were Dr. Preeta Bansal, Dr. David Gushee, Sr. Simone Campbell, Dr. Claude d’Estree. (2) "Getting Out the Faith Vote". Panelists were Rev. Romal Tune, Mark Linton, Rev. C Welton Gaddy, Rev. Dr. Barbara Williams-Skinner, Rabbi Steve Gutow. The Lawrence (KA) Journal-World briefly reports on the Caucus, including remarks by Democratic Party Chairman Howard Dean.

The invocation (full text) opening the convention's final session was offered by Rabbi David Saperstein of the Union for Reform Judaism Religious Action Center. (Press release.) He prayed that the United States "may ever be an or l'goyim, a light unto the nations." He also made special reference to Edward Kennedy.

The closing benediction was offered by Pastor Joel Hunter, leader of Northland Community Church, a mega-church in Orlando, FL. CF News13 interviewed Hunter about his planned benediction.

Italian Museum Rejects Call For Removal of Crucifixion Sculpture

Despite protests from the Pope and from a regional government official, an Italian museum has refused to remove a modern art sculpture of a green frog, crucified while holding a beer mug in one hand and an egg in the other. Reuters reported yesterday that the board of Bolzano's Museion by majority vote decided that the sculpture called Zuerst die Fuesse (Feet First) would stay during the remainder of the exhibit of which it is a part-- a retrospective of the art of German artist Martin Kippenberger. Franz Pahl, president of the regional government, called the sculpture "blasphemy and a disgusting piece of trash." Pahl released excerpts from a letter from the Vatican saying that the sculpture wounds the religious sentiments of many people. While Claudio Strinati, a superintendent of Rome's state museums, supported the museum board, Italy's culture minister, Sandro Bondi, said museums that receive state funds should not "exalt artworks of desecration, of useless provocation and of nonsense".

Anti-Christian Violence Continues In Eastern India

Reuters reported yesterday that anti-Christian violence by Hindu mobs in India's eastern state of Orissa continues as Pope Benedict XVI condemned the violence and Italy's foreign ministry said it would summon India's ambassador to demand "incisive action" to end the violence. As further detailed in a Christian World News report on Wednesday, the violence against Christians began after the murder of Hindu leader Swami Laxmanananda Saraswati and four of his disciples last Saturday. More than a dozen churches have been attacked and eleven people have been killed. The Orissa High Court ordered the state government to deploy army personnel to stop the violence, but 3000 police deployed on Thursday have so far been unable to do so.

In Zoning Case, MI Appellate Court Holds Firm On Equal Protection Determination

On Tuesday, the Michigan Court of Appeals issued its third opinion in the long-running zoning dispute in Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., Aug. 26, 2008). In the case, a Catholic school challenged a township's denial of its request for a zoning variance. In 2007 (see prior posting), The Court of Appeals held that the denial violated both RLUIPA and the equal protection clause. When the township petitioned the Michigan Supreme Court to review the case, the state's high court instead vacated the Court of Appeals decision and remanded the case for reconsideration in light of another RLUIPA case the state Supreme Court had just decided-- Greater Bible Way Temple of Jackson v City of Jackson. Now, reconsidering in light of Greater Bible Way, the Court of Appeals reluctantly concluded that RLUIPA was not violated, but reaffirmed its earlier holding that the rezoning denial did violate the Equal Protection Clause. [Thanks to Brian D. Wassom for the lead.]

Fiji Human Rights Commission Says Methodist Conversion Plans Are Unconstitutional

In the South Pacific island nation of Fiji, the Human Rights Commission (press release) has warned that plans by the country's Methodist Church Conference to focus evangelizing efforts on the country's Indian population would violate Fiji's constitution as well as principles of international law. According to today's Fiji Times, Commission chairperson Dr. Shaista Shameem said that targeting of a minority group for particular attention for conversionary efforts would violate the fundamental principle of freedom of religion found in the 1997 Constitution of Fiji.

South African Court Says Church Acted Illegally In Firing Gay Teacher

In South Africa, a Pretoria High Court judge has ruled that a church acted illegally when it fired a music teacher at the church's Art Academy after it found that he was in a homosexual relationship. SABC News today reports that the Court ordered the Nederduitse Gereformeerde Kerk to apologize to Johan Strydom and to pay him damages of 86,000 Rand ($11,000 US). Reporting on arguments in the case last week, the Sunday Independent said that Strydom claims his firing violates South Africa's Promotion of Equality and Prevention of Unfair Discrimination Act and his constitutional right to equality and dignity (Constitution Secs. 9 and 10). In its presentation to the court, the church said that gays are welcome in the congregation if they repent and "either change their ways or live a celibate life."

Men Keeping Animals For Santeria Sacrifice Charged With Animal Cruelty

In Greenburgh, New York, a father and son have been charged with animal cruelty under New York's Agriculture and Markets Law after police discovered over 100 animals intended for sacrifice in Santeria religious rituals on their property. Yesterday's Lower Hudson Journal-News reports that the animals included goats, rams, chickens, pigeons, doves, ducks, quail and turtles. The charges do not stem from the planned sacrifices, but rather from the fact that a goat and a pigeon died from apparent malnutrition. The father was also charged with violating a town ordinance against keeping farm animals in residential neighborhoods. Charges of transporting the animals from a farm in New Jersey without proper documents could also be filed.

Suit Challenges Promotion of Religion In Florida County Schools

In Pensacola, Florida, the ACLU (press release) has filed a federal lawsuit on behalf of two Santa Rosa County Pace High School students alleging that school officials have used their positions "to persistently and pervasively promote their personal religious beliefs in the public schools and at school events." The complaint (full text) in Doe v. School Board for Santa Rosa County, Florida, (ND FL, filed 8/27/2008) alleges that school officials have sponsored prayer at school events, including graduation; arranged religious baccalaureate services; held school-sponsored activities at churches; and have proselytized students or permitted outsiders to do so during classes and school events. Seeking an injunction and nominal damages, plaintiffs allege that these practices violate the Establishment Clause of the U.S. Constitution and the "No Aid" clause of Florida's Constitution.

Wednesday's Religious Activity At Democratic Convention

Religion Clause each day has been reporting on religious events that have been part of the Democratic National Convention. At the Convention on Wednesday (full schedule), the invocation was given by Archbishop Demetrios, Primate of the Greek Orthodox Church in America. His invocation (full text) was less sectarian than those offered on prior days. The closing benediction was given by Sister Catherine Pinkerton, Congregation of St. Joseph’s in Cleveland, Ohio.

Presidential Proclamation Includes Praise For Faith-Based Addiction Treatment

Yesterday , President Bush issued a Proclamation (full text) declaring September 2008 as National Alcohol and Drug Addiction Recovery Month. A portion of the Proclamation emphasized the role of faith-based organizations in addiction treatment:

Too many of our citizens have been swept up in a cycle of addiction. Through faith-based and community groups, we have revolutionized the way we help people break the chains of addiction. The Access to Recovery program provides addicts with vouchers so that they can attend the treatment center of their choice. Our Nation's armies of compassion have helped nearly 200,000 clients rediscover their dignity and purpose through this program.

Christian Anti-Muslim Group Issues Voter Leadership Guide

A press release yesterday by a group called Truth for Muslims announced that the organization has begun to distribute its 2008 Voter Leadership Guide. John Marion, Project Director said:

The Guide informs citizens of what our leaders are saying about Islam. Islam is one of the greatest challenges we are facing as Christians in America. It’s an ideology that is incompatible both with the United States Constitution and with the Gospel of Jesus Christ. And our leaders—both in Washington and in the pulpits—are virtually silent.

The introduction to the Guide explains its purpose and format:

Unlike voter guides you may have seen in the past, this one does not focus on a specific race, nor does it promote one candidate over another. Its purpose is to educate YOU about one of the most crucial issues facing America: the rising influence of Islam.

It’s called a "voter leadership guide" because it will help you to discern which leaders, now or in the future, are speaking wisely about how Americans should respond to Islam. Several of the examples we’ve chosen are high-profile political leaders, but the "Ten Questions" you’ll find on the back of the guide can be used to analyze any leader—whether on a county council, school committee, talk show...even a church missions board.

Recent Prisoner and Institutionalized Persons Free Exercise Cases

In Lewis v. Ryan, 2008 U.S. Dist. LEXIS 64335 (SD CA, May 1, 2008), a California federal district judge accepted the recommendations of a federal magistrate judge set out in a lengthy opinion at Lewis v. Mitchell, 2008 U.S. Dist. LEXIS 64333 (SD CA, March 6, 2008). The court permitted a Muslim inmate to move ahead with various claims for injunctive relief alleging violations of the 1st and 8th Amendments and RLUIPA. Plaintiff alleged that he was served food containing pork without the pork content being noted on the prison menu, and that he was subsequently denied medical treatment. Plaintiff also claimed the right to a Halal diet. (See prior related posting.)

DeSimone v. Bartow, 2008 U.S. Dist. LEXIS 64419 (ED WI, Aug. 12, 2008) is a lawsuit by plaintiff who has been civilly committed to a mental health facility operated in part by the Department of Corrections. A Wisconsin federal district court permitted him to proceed with a claim that his 1st amendment and RLUIPA free exercise rights were violated when he was prohibited from writing in his Atlantean language, a practice plaintiff said was central to his religious belief. Officials said it took too long to translate the writings, and untranslated writings posed security risks, even though they did not impose the same restrictions on others who wrote in different foreign languages.

In Wofford v. Williams, 2008 U.S. Dist. LEXIS 63946 (D OR, Aug. 20, 2008), and Oregon federal district court granted a preliminary injunction ordering prison officials to provide a Seventh Day Adventist inmate with a kosher diet. The court found that plaintiff would probably succeed on the merits of his 1st Amendment, RLUIPA and equal protection claims. Prison officials had asserted that kosher meals were available only to Jewish inmates and that plaintiff's faith does not require him to limit himself to a kosher diet.

In Linehan v. Crosby, 2008 U.S. Dist. LEXIS 63738 (D FL, Aug. 20, 2008), a Florida federal district judge accepted the recommendations of a federal magistrate and denied the claims of a Seventh Day Adventist prisoner to a kosher diet. The court held: "Since the Jewish Dietary Accommodation Program was discontinued several years ago, the only person Plaintiff can show is being treated differently is one Jewish inmate who receives kosher food pursuant to a settlement agreement.... Both the excessive cost, as well as administrative and logistic difficulties, of implementing a kosher meal plan in the Florida prison system are compelling state interests, and the current vegan and vegetarian diets are the least restrictive means of addressing this compelling interest ."

In Woods v. Chiarelli, 2008 U.S. Dist. LEXIS 64455 (MD PA, Aug. 21, 2008), a Pennsylvania federal district court held that a prison policy preventing a Muslim inmate from attending communal religious services did not violate his 1st Amendment rights. Plaintiff, held as a federal prisoner in a state prison, was subject to a separation order from the United States Marshal's Service requiring him to be separated from three other federal inmates being held at the same facility.

Court Rejects Challenge To Massachusetts Abortion Facility Buffer Zone Law

In McCullen v. Coakley, (D MA, Aug. 22, 2008), a Massachusetts federal district court rejected a facial constitutional challenge brought by pro-life "sidewalk counselors" to Massachusetts' recently revised law that creates a 35-foot fixed buffer zone around driveways and entrances of reproductive health care facilities. In a 75-page opinion, the court rejected First Amendment, Equal Protection and Due Process challenges. The court found that the law is a content-neutral, narrowly-tailored time, place and manner regulation. In response to plaintiffs' Free Exercise challenge,the court held:

The Act does not regulate speech, expression, prayer, singing, worship or display of religious articles. It merely regulates where such expression may take place, i.e., outside of a clearly marked buffer zone during the normal business hours of an RHCF. The Act also applies to all non-exempt persons equally. As a result, this court is “bound to conclude that the regulation does not discriminate against a particular religion or religious practice.”

Catholic Hierarchy Takes Issue With Peolosi, Biden On Their Pro-Life Views

Fox News reported yesterday that the Catholic Archbishop of Washington, DC, Donald Wuerl has publicly taken issue with remarks about the Church's view on abortion made by House Speaker Nancy Pelosi. On Meet the Press last Sunday, pro-choice Pelosi said the Church's current view that life begins at conception has been Church doctrine for only 50 years or so. In a news release on Monday, Archbishop Wuerl said: "We respect the right of elected officials such as Speaker Pelosi to address matters of public policy that are before them, but the interpretation of Catholic faith has rightfully been entrusted to the Catholic bishops.... The Catechism of the Catholic Church is clear: the current teaching of the Catholic Church on human life and abortion is the same teaching as it was 2,000 years ago."

Meanwhile in the same article Fox News reports that pro-choice Joseph Biden in 2006 made the point that the Church's current view that life begins at conception was adopted unequivocally only in the 19th century during the reign of Pope Pius IX. (Interestingly, in Roe v. Wade (at fn. 61), Justice Blackmun similarly argued that the Catholic Church's current view became its official position only in the 19th century.) Reacting to Biden's views, Denver's Archbishop Denver Archbishop Charles Chaput recently told the AP: "I presume that his integrity will lead him to refrain from presenting himself for communion, if he supports a false 'right' to abortion."

Mega-Church Leader Says IRS Investigation Is Politically Motivated

Rev. Mac Hammond, founder of the mega-church Living Word Christian Center in Minneapolis (MN), has accused the IRS of political motivations in their investigation of him. Tuesday's Minneapolis Star-Tribune reports that Hammond, in a letter to congregants, says that the IRS summons demanding financial information from him is part of "a very clear effort, on a national scale, to discredit, defame and intimidate ministries and preachers of what has been called the 'prosperity gospel.'" The IRS has filed a petition in federal district court to enforce its summons. Melissa Rogers last week posted more background information on the Hammond investigation.

Tuesday's Religious Events At The Democratic National Convention

Here are the religious events (full schedule) that took place on Tuesday in Denver at the Democratic National Convention. At noon, the first Faith Caucus, moderated by Rev. Jim Wallis, was held. The theme of the first panel was "Common Ground on Common Good." The official schedule listed panel members as Dr. Douglas W. Kmiec, Rabbi Jack Moline, Rev. Jennifer Kottler, Bishop Wilfredo DeJesus and Rev. John Hunter. However reports of those attending say panelists also included former U.S. Rep. Tim Roemer and Rev. Dr. Susan Thistlewaite. Christianity Today reported on the caucus. The caucus was interrupted by an anti-abortion protester who was ushered out. (Christianity Today). The second panel's topic was "How an Obama Administration will Engage People of Faith." Panel members were: Rabbi David Saperstein, Prof. John Dilulio and Rev. Otis Moss, Jr. UPDATE: The Aug. 28 Wall Street Journal has further coverage of the panel discussions.

The opening invocation (full text) was given by Dr. Cynthia Hale, Disciples of Christ, Decatur, GA. The closing benediction (full text) was given by Revs. Jin Ho Kang and Young Sook Kang, Methodist, Aurora, CO.

Meanwhile, a press release by Operation Rescue founder Randall Terry advertised that tomorrow in downtown Denver, "Catholic and Evangelical Christians will peacefully 'break the law' to protest the slaughter of the innocent by abortion, and to call on fellow Christians to reject the Obama/Biden 'Ticket of Death.'"