Experts' Conference Rejects New Speech Limits To Protect Religions

The 10th conference of the International Religious Liberty Group of Experts met in Bucharest, Romania, September 8-10. A report yesterday from Adventist News Network says that the conference focused on efforts around the world to ban hate speech and enact defamation of religion laws. Several speakers warned that proposed defamation of religion laws will increase religious intolerance and are destructive of free speech. The conference concluded that "no specific legislation should be voted but hate speech should be limited according to the already existing human rights law."

Preacher's Campus Activities In Designated Public Forum Upheld

In Davis v. Stratton, (ND NY, Sept. 9, 2008), a New York federal district court held that the Quad area at Schenectady County (NY) Community College is a "designated public forum" that is open to both students and non-students as a place for expressive activities. Baptist preacher Gregory Davis was preaching the Gospel and handing out religious tracts on the Quad when he was arrested for trespass. Davis was also videotaping his activities so he would have evidence to use in case he was accused of wrongdoing. The court held that not only was Davis' preaching and leafleting protected by the First Amendment, but so was his video taping since the photos were used on Davis's website to spread the Gospel. The court held that concern about privacy of students and administrators did not justify a ban on video taping. The court enjoined application of New York's trespass statute to Davis' activity on campus. Alliance Defense Fund issued a release on the decision.

9th Circuit Faults Immigration Judge For Assumptions About Religious Group

In Cosa v. Mukasey, (9th Cir., Sept. 15, 2008), the U.S. 9th Circuit Court of Appeals vacated an adverse credibility finding by an Immigration Judge and remanded for further proceedings an asylum petition by a woman who claimed she suffered religious persecution in Romania. Petitioner Adriana Cosa claimed she suffered persecution because she practiced the Millenist faith. The immigration judge, unfamiliar with Millenism, did her own research on the religion. The Court of Appeals said that the immigration judge then wrongly "discounted Cosa's credibility based on the IJ’s conjectural view of how a Millenist should act and think." KPIX-TV reported on the decision yesterday.

Anglican Break-Away Churches In Canada Sue Over Property Ownership

In Canada earlier this month, three break-away Anglican parishes in the Vancouver (BC) metro area, along with their clergy and lay leaders, filed suit against the Diocese of New Westminster in British Columbia's Supreme Court. Anglican Journal reported yesterday on the dispute. In February, the parishes voted to affiliate with the more conservative Anglican Network in Canada. Four clergy from these parishes placed themselves under the jurisdiction of a bishop reporting to the Anglican Church of the Southern Cone. The diocese took formal action against two of the parishes-- St. Matthew’s, Abbotsford, and of St. Matthias and St. Luke, Vancouver. It dismissed the trustees who support the break-away clergy and asked the clergy to vacate the parishes. In a lawsuit filed Sept. 9, plaintiffs asked the court invalidate the dismissal of the trustees, and to declare that the parish corporations or their trustees, not the diocese, are entitled to hold the parish property in trust.

Evangelist Sues Challenging Florida City's Speech Permit Law

A travelling Christian evangelist, Martin Mikhail, yesterday filed suit in federal district court against the City of Lake Worth, Florida, challenging the city's ordinance that requires application to be made 60 days in advance for a special event permit in order to speak on public streets. The complaint (full text) alleges that in September 2007, a city police officer threatened Mikhail with arrest because he was preaching on a city sidewalk. The officer allegedly told Mikhail that his Bible is "nothing but a bunch of fiction to me". The lawsuit alleges that the permit ordinance violates the First amendment's speech and free exercise protections, and that its vagueness and lack of objective standards violate the due process clause. The complaint also alleges that the city interprets its breach of the peace ordinance as barring speech whose content offends bystanders and police. Alliance Defense Fund issued a release announcing the filing of the lawsuit.

Church Cannot Raise Exempt Status As Defense In Tax Case

In Grace Memorial Baptist Church v. Harris County, (TX Ct. App., Aug. 28, 2008), a Texas Court of Appeals held that a church that had failed to follow the proper procedures to apply for a property tax exemption could not raise its alleged exempt status as a defense in a suit to collect delinquent taxes from it.

Controversial DVD On Radical Islam Distributed As Newspaper Insert

Jews on First reported yesterday that a recently formed group called Clarion Fund is spending millions of dollars distributing the DVD Obsession: Radical Islam's War Against the West as an insert in some 70 national and major city newspapers, particularly in swing states in the Presidential election. Clarion also distributed copies at the recent Republican and Democratic national conventions. The DVD has been criticized as anti-Muslim. An op-ed last February by Jason Leopold reviews the debate over the video. (See prior related posting.)

Yemeni Women React To Vice and Virtue Committee and Parliamentary Quotas

In Yemen in July, religious and tribal leaders announced the formation of a Vice and Virtue Committee to report violations of Islamic law to police, and to oppose the government's plan to encourage political participation by women. (BBC News).One of the Committee's first actions was to issue a fatwa (legal pronouncement) against the government's planned quota system that would allocate 15% of the seats in Parliament to women. Currently only one woman sits in Parliament. (Yemen Observer). This month, the Yemen Observer has published a three part series interviewing Yemeni women with differing views about the Committee and its opposition to the planned women's quota. Part I featured an interview with Hooria Mashoor, Deputy Chairperson of the Women National Committee. Part II featured a conversation with Ramzia al-Eryani, Chairwoman of the Yemen Women Union. Part III, published last Saturday, featured Tawkkol A. Karman, member of the Majlis al-Shura (Consultative Assembly).

Islamic Panels In Britain Operating Under Arbitration Act

Under Britain's Arbitration Act 1996, a High Court may enforce an award made by an arbitration tribunal pursuant to an arbitration agreement. Yesterday's Daily Mail reports that lawyer Sheikh Faiz-ul-Aqtab Siddiqi has set up Muslim Arbitration Panels in five cities-- London, Bradford, Manchester, Birmingham and Nuneaton. Additional Panels are planned for Glasgow and Edinburgh. The Panels decide cases pursuant to Sharia (Islamic law) in cases in which both parties agree to be bound by the decision. So far the panels have handled some 100 cases involving divorce, inheritance, nuisance and domestic violence. In the domestic violence cases, husbands have been ordered to take anger management courses and be mentored by community elders-- and the women involved have then withdrawn their police complaints. Critics fear that Muslim women will be pressured into agreeing to the jurisdiction of these panels in which they often fare worse than they would in a civil court. (See prior related posting.) [Thanks to Scott Smith for the lead.]

Tribe Says Use Permit Requirement For Powwow Violates Religious Freedom

Yesterday's NWF Daily News (Ft. Walton, FL) reports that the ACLU is challenging a decision by Santa Rosa County (FL) requiring the state's Echota Cherokee Indian Tribe to obtain a permit to hold a powwow on private property. In a letter to the county division of zoning and planning, the ACLU said that the powwow is a seasonal outdoor ceremony during which participants sing, dance, worship the creator, and strengthen tribal bonds. The ACLU says requiring a use permit violates the religious freedom of the Indian tribe, and that nothing in the county zoning law calls for their obtaining a permit. However county officials say that the powwow is partly commercial. It draws 2000 people and includes commercial food, art and craft vendors. As a compromise, the county is looking at the possibility of creating a special events permit to deal with gatherings such as this.

Recent Articles of Interest

From SSRN:

• Haider Ala Hamoudi, Book Review: Orientalism and 'The Fall and Rise of the Islamic State', (Middle East Law and Governance: An Interdisciplinary Journal, Vol. 2, No. 1, Sept. 10, 2008).


• Robert A. Kahn, Are Muslims the New Catholics? Europe's Headscarf Laws in Comparative Historical Perspective, (U of St. Thomas Legal Studies Research Paper No. 08-26, Sept. 2, 2008).


• Patrick Macklem, Minority Rights in International Law, (July 1, 2008).


• Christopher C. Lund, Equal Liberty and Religious Exemptions: A Response to Eisgruber and Sager, (September 4, 2008).


• Frederic Megret, Canada Leading the Way? Reasonable Accommodation from the Standpoint of International Human Rights Law ('Le Canada a la pointe de la tolerance? L'accommodement raisonnable a l'aune du droit international des droits de la personne', (in LA RELIGION, LE DROIT ET LE RAISONNABLE, Jean-François Gaudreault-DesBiens, ed., Themis, Montreal, 2008.)


• Deborah Cantrell, Love of Neighbor as a Lawyerly Practice: Insights from Christian, Jewish, and Buddhist Traditions, (U of Colorado Law Legal Studies Research Paper No. 08-21, Aug. 28, 2008).


• Frederic Megret, Frederic, A Cautionary Tale from the Crusades? War and Prisoners in Conditions of Normative Incommensurability , (Prisoners in War, in Sibylle Scheipers, (ed.), Oxford University Press, 2008.)

Journal of Law and Religion, Vol. XXIII, No. 2 (2007-08) has recently been published. (Table of Contents).

From SmartCILP:

• Robert Petit, Stuart Ford & Neha Jain, Exploring Critical Issues In Religious Genocide: Case Studies of Violence In Tibet, Iraq and Gujarat, 40 Case Western Reserve Journal of International Law 163-214 (2008).
• Mark D. Yochum, On Ledewitz (Reviewing Bruce Ledewitz, American Religious Democracy), 46 Duquesne Law Review 311-321 (2008).

Falklands Legislature Debates Religion Provisions In Draft Constitution

The Falkland Islands is in the process of debating and adopting a new Constitution. A special meeting of the Legislative Council was held on Sept. 12 to debate the draft document. A transcript of the debate published by the South Atlantic Remote Territories Media Association reveals extensive discussion on clauses relating to freedom of conscience and religious instruction of children in schools. After a lengthy debate by several other members over a hypothetical relating to child's right to refuse religious education offered in a Christian school, the Honourable John Birmingham interjected:

I can't be the only one that is slightly confused here. I would have brought a packed lunch if I had known we have a long way to go. I'm not even sure if we can define our present schools as being Christian schools. I just thought I'd throw that in.

Camboida Will Permit Muslim Students To Wear Headscarves

The Phnom Penh Post reported yesterday that Cambodia's Ministry of Education, Sport and Youth has decided that Khmer Muslim students will be permitted to deviate from school uniform rules and wear their traditional clothing, including headscarves, to school when classes begin next month. Apparently some Muslim girls had stopped going to school because they could not wear their traditional headscarves.

Recently Available Prisoner Free Exercise Cases

In Thaxton v. Strode, 2008 U.S. Dist. LEXIS 68588 (WD KY, Sept. 9, 2008), a Kentucky federal district court upheld a prison's policy of permitting non-Muslim inmates to attend Muslim religious sevices only after attending an inmate-run Muslim familiarization program. The policy was challenged by an African-American inmate who listed his religion as Jewish.

In Soder v. Williamson, 2008 U.S. Dist. LEXIS 68513 (MD PA, Aug. 7, 2008), a Pennsylvania federal district court held that neither the 1st Amendment nor RLUIPA were violated when an inmate's religious objections to taking a TB test were accommodate by giving him a chest X-ray after holding him in segregated confinement for 24 days.

In Hankins v. NYS Department of Correctional Services, 2008 U.S. Dist. LEXIS 68978 (ND NY, March 10, 2008), a New York federal magistrate judge recommended dismissal of a Muslim prisoner's complaint that on one occasion authorities erroneously refused to allow him to take a "purification" shower and then participate in a weekly Muslim religious service.

Pope Addresses French Intellectuals On Theology and European Culture

On Friday on the first day of his visit to France, Pope Benedict XVI addressed "650 intellectuals, artists and scientists" at the College des Bernardins. (M&C). America Magazine assessed the address:

The Pope in Paris yesterday gave a speech which will be remembered as one of his most significant, not just because of its content – which has recast the current European thinking about freedom and faith – but because of its historic context. It was made just a few hours after a twice-divorced, lapsed Catholic president came together with a pope to tell the French people that the mindset behind the 1905 laws disestablishing religion and banning it from schools is, well, passé; and that secularism should stop shouting at religion and start listening to it.

In his address (full text in English translation), the Pope said that he would focus on the origins of western theology and the roots of European culture. In concluding his lengthy remarks, he said:

A purely positivistic culture which tried to drive the question concerning God into the subjective realm, as being unscientific, would be the capitulation of reason, the renunciation of its highest possibilities, and hence a disaster for humanity, with very grave consequences. What gave Europe’s culture its foundation – the search for God and the readiness to listen to him – remains today the basis of any genuine culture.

According to Whispers in the Loggia, representatives of the French Muslim community attended the Pope's address. Before the session, the Pope met briefly with leaders of the local Jewish community. (Apparently this was in lieu of their attending his address, which took place after the beginning of the Jewish Sabbath). Benedict said that the church "feels obligated to respect the covenant made by the God of Abraham, Isaac and Jacob," and he wished those in attendance "Shabbat Shalom". (See prior related posting.)

Settlement Reached In Suit By Interfaith Group Feeding Homeless In California Park

KNBC News reported today that a settlement has been reached in the lawsuit brought by Interfaith Needs Network challenging the constitutionality of California's limits on public assemblies and demonstrations in state parks. The group was told they needed a permit to hold an event to feed the homeless at Donehy State Park. (See prior posting.) In the settlement, which will apply to all California state parks, the state agreed it will not enforce the rule barring unlawful assemblies in parks against those feeding the homeless, so long as the group complies with other rules such as hours of operation, orderly conduct and clean-up.

Saudi Judicial Head Says Islamic Law OK's Killing of TV Broadcasters

Yahoo News reported yesterday that the head of Saudi Arabia's Supreme Judiciary Council says that it is permissible under Islamic law to kill owners of satellite TV channels that broadcast programs calling for immoral conduct. During Thursday's "Light in the Path" radio program, Sheik Saleh al-Lihedan responded to a listener's question by saying: "What does the owner of these networks think, when he provides seduction, obscenity and vulgarity? Those calling for corrupt beliefs, certainly it's permissible to kill them. Those calling for sedition, those who are able to prevent it but don't, it is permissible to kill them." [Thanks to Scott Mange for the lead.]

UPDATE: The Saudi government is embarrased by Sheik al-Lihendan's remarks, according to Sunday's The National. Sheikh Abdul Mohsen al Obaikan, a popular moderate religious scholar who is an adviser at the Justice Ministry, rejected the remarks, saying that they will encourage those who are misguided and terrorists. Al-Linhendan clarified his remarks, saying that he was referring only to television broadcasts of black magic and sorcery, and that execution could take place only after a judicial process. Al-Linhendan's origional remarks were apparently made some time ago, but were featured last week on Al Arabiya satellite TV channel. UPDATE2: Thursday's International Herald Tribune reported that Arabs across the ideological spectrum are denouncing al-Linhendan's remarks, fearing that they will encourage terrorism and attacks on TV station personnel.

Suit Challenges USDA's Animal Tagging On Religious Freedom Grounds

Earlier this week, a lawsuit was filed in federal district court in the District of Columbia challenging implementation and enforcement by Michigan of the USDA's National Animal Identification System for cattle. The complaint (full text) in Farm-to-Consumer Legal Defense Fund v. U.S. Department of Agriculture, (D DC, filed Sept. 8, 2008) alleges that the system which uses electronic radio frequency identification tags infringes the religious freedom of four individual plaintiffs in the case. Plaintiffs see the numbering system as the prohibited "mark of the beast" and as infringing their "dominion over cattle and all living things". For two of the Old Order Amish plaintiffs, the system would also force them to use technology in violation of their religious beliefs. The complaint alleges violations of the federal Religious Freedom Restoration Act, Michigan's constitutional protection of free exercise of religion, as well as violations of administrative law and environmental requirements. On Tuesday, Wired reported on the lawsuit. (See prior related posting.) [Thanks to Matthew Caplan for the lead.]

UPDATE: On Nov. 13, the USDA filed 56-page memorandum (full text) in support of its motion to dismiss plaintiffs' claims against USDA. It argues lack of standing and compliance with rulemaking requirements. It also alleges that any burden on religious freedom was caused by co-defendant, the Michigan Department of Agriculture, not by USDA. [Thanks to Jean Dudley via Religionlaw listserv for the lead.]

10th Circuit: No Establishment Clause Violation In Las Cruces Logo

Today in Weinbaum v. City of Las Cruces, (10th Cir., Sept. 12, 2008), the U.S. 10th Circuit Court of Appeals affirmed the dismissal of two cases challenging the display of three Latin crosses as a symbol of Las Cruces, New Mexico. In one case, plaintiffs challenged use of the crosses as the city's symbol. In the second case, they challenged use of three crosses by the Las Cruces school district as a logo on its maintenance vehicles and in two pieces of school district-sponsored artwork-- a sculpture and a mural. Emphasizing the fact-specific nature of Establishment Clause determinations, the court said:

Here, the City’s name translates as "The Crosses" and, perhaps unsurprisingly, the City has opted to identify itself using a symbol that includes crosses.... We recognize that a government’s display of the Latin or Christian cross, and especially three such crosses, raises legitimate Establishment Clause concerns. Nevertheless, we affirm the district court’s decisions because Las Cruces’s unique name and history and the record in this case adequately establish according to requisite standards that the City and District's challenged symbols were not intended to endorse Christianity and do not have the effect of doing so.

Today's Las Cruces Sun-News reports on the decision. (See prior related postings 1, 2.)

Pope In France Calls for New Reflection On Laicite

Pope Benedict XVI arrived today for a four-day visit to France. The New York Times and Catholic News Service report on the Pope's message (full text) at the Elysee Palace official welcoming ceremony. Focusing on France's tradition of secularism (laïcité), the Pope said:

Many people, here in France as elsewhere, have reflected on the relations between Church and State. Indeed, Christ had already offered the basic criterion upon which a just solution to the problem of relations between the political sphere and the religious sphere could be found. He does this when, in answer to a question, he said: "Render to Caesar the things that are Caesar’s, and to God the things that are God’s" (Mk 12:17).

The Church in France currently benefits from a "regime of freedom". Past suspicion has been gradually transformed into a serene and positive dialogue that continues to grow stronger.... You yourself, Mr President, have used the expression "laïcité positive" to characterize this more open understanding.

At this moment in history when cultures continue to cross paths more frequently, I am firmly convinced that a new reflection on the true meaning and importance of laïcité is now necessary. In fact, it is fundamental, on the one hand, to insist on the distinction between the political realm and that of religion in order to preserve both the religious freedom of citizens and the responsibility of the State towards them; and, on the other hand, to become more aware of the irreplaceable role of religion for the formation of consciences and the contribution which it can bring to—among other things—the creation of a basic ethical consensus within society.

The Pope's visit is timed to mark the 150th anniversary of the apparitions of Mary to a 14-year old peasant girl, Bernadette Soubirous, in Lourdes. Later today, before traveling to Lourdes, Benedict XVI will speak to some 700 leading intellectuals at the College des Bernardins in Paris. America-- the National Catholic Weekly earlier this week predicted that this would be "one of the great speeches of his pontificate."

UPDATE: Zenit on Friday reported on President Nicolas Sarkozy's remarks at the welcoming program for the Pope. Sarkozy said: "It would be crazy to deprive ourselves of religion; [it would be] a failing against culture and against thought. For this reason, I am calling for a positive secularity..." Saturday's Financial Times reports that Julien Dray, a Socialist party spokesman, criticized Sarkozy for not keeping religion a private matter.

Japan's High Court Says Pet Funeral Fees Are Taxable Income To Buddhist Temples

AFP today reports that Japan's Supreme Court has ruled that fees paid to Buddhist monks for pet funerals are not tax exempt income. Growing in popularity, the Jimyoin temple in Aichi offers last rites for animals similar to traditional Buddhist funerals. Pet owners are charged a set fee. Presiding judge Osamu Tsuno wrote that the set prices for the funerals do not have the characteristics of religious donations. and thus are taxable income under the corporate tax law.

Good News Club Sues Minnesota School District

Yesterday, Child Evangelism Fellowship of Minnesota filed a federal lawsuit against Minnesota's Elk River Area School District alleging that the school district discriminated against its Good News Club--a faith based after-school program for elementary students teaching citizenship and character development from a Biblical viewpoint. A release by Liberty Counsel says that Good News Clubs were not allowed to distribute literature to students or to take part in the district's open house that features various programs, even though the Boy Scouts and other service organizations were permitted to do so.

Faith-Based Treatment Group Wins $968K In Suit Over Zoning Denial

Yesterday in Nashville, Tennessee a federal court jury awarded damages totalling $967,995 to Teen Challenge, a faith-based Christian drug addiction treatment program. According to a release by American Center for Law and Justice, and a report yesterday by the Tennessean, the jury found that Metro Nashville government violated the equal protection clause, the Fair Housing Act and the Americans With Disabilities Act when it changed its zoning laws to prevent the group from building a treatment center on 13 acres of land it had purchased. Originally the city-county government had approved Teen Challenge's request for a use permit, but after public opposition, in 2007 the zoning law was amended to eliminate rehabilitation services as a permitted use in areas zoned agricultural. This forced Teen Challenge to sell off the land.

Italian Prosecutors Charge Satirist With Offending the Pope

The Lateran Pacts of 1929 between Italy and the Vatican provides (Conciliation Treaty, Art. 8) that: "All offences or public insults committed within Italian territory against the person of the Supreme Pontiff, whether by means of speeches, acts, or writings, shall be punished in the same manner as offences and insults against the person of the King." Pink News reported yesterday that Italy's Ministry of Justice has given prosecutors in Rome permission to proceed under the Lateran Treaty against comedienne and satirist Sabina Guzzanti. She is charged with "offending the honour of the sacred and inviolable person" of Pope Benedict XVI. During a comedy routine Guzzanti criticized the Vatican's interference in issues such as gay rights, saying: "Within twenty years the Pope will be where he ought to be, in Hell, tormented by great big poofter devils..."

Conviction of Abortion Protester For Violating Noise Ordinance Upheld

In Commonwealth of Pennsylvania v. Parente, (PA Commwlth. Ct., Sept., 9, 2008), the Pennsylvania Commonwealth Court upheld the conviction of an abortion protester for violating Pittsburgh's noise control ordinance. Joseph Parente had set up loudspeakers to demonstrate in front of an abortion clinic. The court rejected Parente's argument that his conviction and $250 fine violated his free speech and free exercise rights under the 1st Amendment. It found that Parente had other channels of communication open to him and that the Ordinance is a neutral law of general applicability. Finally the court rejected Parente's claim that his conviction violated the Pennsylvania Religious Freedom Protection Act, holding that "Parente never testified that his activities of counseling and preaching to people approaching the clinic constitute 'activities which are fundamental to [his] religion' as provided in Section 3 of the Act. Rather, at best, Parente's testimony merely establishes that he engaged in these activities based upon his religious beliefs or that they flowed from a religious mission."

9th Circuit Amplifes Holding On Membership Requirements Of Christian Student Group

This week the U.S. 9th Circuit Court of Appeals filed an amended decision in Truth v. Kent School District (9th Cir., Sept. 9, 2008). (See prior posting on original April 25 opinion.) The new decision adds a concurring opinion by two of the three judges-- which of course makes it a majority opinion. The concurring opinion amplifies on the court's holding that a state school district did not violate the First Amendment when it applied its non-discrimination policy to the membership policies of "Truth", a Christian Bible study club seeking recognition as a student group. The concurrence said: "We reject Truth's suggestion that state action that burdens a group's ability to engage in expressive association must always be subject to strict scrutiny, even if the group seeks to engage in expressive association through a limited public forum."

Washington Governor Candidates Speak Out On Religious and Social Issues

Yesterday's Seattle Times published an interview on social and religious issues with the two candidates for Governor of Washington state. Incumbent Democratic Governor Christine Gregoire, a Catholic, said she is pro-choice. She added: "I'm not going to have my religion determine what I do as governor. I keep that private. My personal beliefs have to be separate and apart from what I do as governor."

Gregoire also said she supports stem-cell research (including embryonic stem cell research). She supports gay couples having the rights and responsibilities of married couples, but would leave the formal issue of marriage to churches. Gregoire personally opposes assisted suicide, but will respect the outcome of a November initiative on the issue. She favors requiring pharmacies to fill prescriptions for Plan B contraceptives, but would allow one pharmacist to pass off the prescription to another pharmacist at the same location. Finally Gregoire favors retaining the death penalty.

Republican challenger Dino Rossi, also a Catholic, attempted to avoid a direct answer on his abortion views, but ultimately said he would support an abortion ban with exceptions for rape, incest and protecting the life of the mother. He said he supports defining marriage as between one man and one woman, but that gay couples should have various rights. Rossi is supportive of adult stem-cell research, but not research with embryonic stem cells. Rossi says he does not support assisted suicide, and would limit the death penalty to the most vicious of murders. Finally Rossi opposes requiring pharmacists to fill prescriptions for Plan B contraceptives.

UN Rapporteur Focuses On Religious Freedom In Turkmenistan

United Nations Special Rapporteur on Freedom of Religion or Belief, Asma Jahangir, has completed a fact-finding trip to Turkmenistan according to a UN News Centre report yesterday. Jahangir issued a report saying that Turkmenistan has begun to set up mechanisms to deal with human rights issues. However, Jahangir expressed concern over Turkmenistan's law that prohibits activities by unregistered religious groups. She also said that the membership on the country's Presidential Council for Religious Affairs should be broadened to reflect all religious communities in the country, and that the Council should become autonomous.

County Approves Facility For Eid-al-Adha Slaughter

The Raleigh (NC) Herald reports that Johnston (NC) County Commissioners last week quietly approved construction of a slaughter house by Eddie and Kenneth Rowe. The facility will be used by Muslims for slaughtering lambs for Eid-al-Adha (the Festival of Sacrifice). State agriculture officials say that the Rowes had previously been operating a "clandestine" slaughter facility, which was closed down by authorities in 2007. (See prior posting.) The Rowes are now seeking state grants to help defray the cost of building the slaughter house.

Experts Discuss Impact of Religion On Jurisprudence of High Court Justices

The cover story of the September/October issue of Moment Magazine is titled Religion & The Supreme Court. Nine experts discuss whether the religion of Supreme Court justices play a role in their jurisprudence? The article features responses to that question from Jeffrey Rosen, Douglas Kmiec, Abner Joseph Mikva, Marci A. Hamilton, Jamie Raskin, Wendy Webster Williams, Laurence H. Tribe, Eugene Volokh, Jeffrey Toobin.

Minnesota Officials Uncertain About Muslim Charter School

Yesterday's Minneapolis Star-Tribune reports that tension continues to exist between the Minnesota Department of Education and the Tarek ibn Ziyad Academy (TiZA), a K-8 charter school. The state continues to be concerned that TiZA has stepped over the church-state line. The school's executive director is an imam, it shares a building with a mosque and the Minnesota chapter of the Muslim American Society, the school has daily prayer breaks, and its cafeteria serves halal food. School buses do not leave until students have completed elective after-school religion classes. Also at issue is the school's insistence on holding Friday prayer services on premises, though the school now agrees that it will be student-led, with staff there only for student safety. (See prior related posting.)

State Court Says RLUIPA Permits Church To Build

Today's Aspen (CO) Daily News reports that a state trial court judge has dismissed a lawsuit by a group known as the Emma Caucus challenging a decision by Pitkin County, Colorado commissioners to permit construction of a large church complex by Grace Church of the Roaring Fork Valley. The court held that the Religious Land Use and Institutionalized Persons Act supersedes provisions of the county's land-use code. The judge said that the county's out-of-court settlement with Grace Church earlier this summer was an "implicit admission" that the county was in violation of RLUIPA in attempting to prevent construction. In that settlement, the county agreed to pay damages and legal costs in exchange for Grace Church agreeing not to develop their land further over the next ten years. (See prior related posting.)

Property of Break-Away Presbyterian Church Belongs To Parent Body

The Tulsa World reports that an Oklahoma state trial court yesterday ruled that the multi-million dollar building housing Tulsa's Kirk of the Hills Church belongs to the Presbyterian Church USA and its Eastern Oklahoma Presbytery, and not to the local congregation that broke away from the parent body to join the Evangelical Presbyterian Church through the New Wineskins. The court relied on a 1973 Oklahoma Supreme Court decision that held courts will defer to the decisions of hierarchical church bodies in church property disputes. Section G-8.0201 of the Presbyterian Church USA's Book of Order (its constitution) provides that all church property, however titled, is held in trust for the use and benefit of the Presbyterian Church USA. The briefs that were filed in the case are available online.

Court Upholds Teacher's Classroom Banners With Religious-Patriotic Messages

In an interesting decision issued last week, a California federal district court refused to dismiss claims by high school teacher Bradley Johnson against Poway (CA) Unified School District. Johnson, a Christian, was ordered by his principal to remove two banners from the walls of his Westville High School classroom because they conveyed a Judeo-Christian viewpoint. One contained phrases such as "In God We Trust" and "God Bless America". The other included the phrase "All Men Are Created Equal, They Are Endowed By Their Creator." Johnson also hung photos of national parks and of his family in his classroom. In Johnson v. Poway Unified School District, (SD CA, Sept. 4, 2008), the court held that Johnson's free speech rights as a teacher were violated by the order that he remove the banners.

Applying mainly cases involving student speech rights, the court held that, based on allegations in the complaint, the school district had created a limited public forum in which teachers could exercise free speech in their classrooms. The school engaged in viewpoint discrimination since it had permitted other teachers to post Buddhist messages, Islamic messages and a Tibetan prayer flag on their classroom walls. This favoritism of some religious messages over others was also seen by the court as an Establishment Clause violation.

Rejecting the school's argument that it was concerned about future Establishment Clause litigation because of Johnson's banners, the court said: "That God places prominently in our Nation’s history does not create an Establishment Clause problem requiring curettage and disinfectant of Johnson’s classroom walls." The court concluded:

Public schools play an important role educating and guiding our youth through the marketplace of ideas and instilling national values. One method used by the Poway Unified School District to accomplish this task is to permit students to be exposed to the rich diversity of backgrounds and opinions held by high school faculty. In this way, the school district goes beyond the cramped view of selecting curriculum and hiring teacher speech to simply deliver the approved content of scholastic orthodoxy.... By squelching only Johnson’s patriotic expression, the school district does a disservice to the students of Westview High School and the federal and state constitutions do not permit such one-sided censorship.

Today's San Diego Union Tribune reports on the decision, noting that the Poway school district has been involved in other free speech litigation as well. (See prior posting.) Thomas More Law Center which represented Johnson also issued a release on the decision.

MN Appellate Court Refuses Temporary Injunction To Muslim Cabbies

In Dolal v. Metropolitan Airports Commission, (MN Ct. App., Sept. 9, 2008), a Minnesota Court of Appeals upheld a trial court's refusal to issue a temporary injunction sought by Muslim cab drivers against the commission that regulates ground transportation at the Minneapolis- St. Paul International Airport. At issue are regulations that penalize the cab drivers who refuse service to passengers. Muslim drivers argue that requiring them to transport passengers who are carrying alcohol infringes their free exercise of religion protected by the Minnesota constitution. The court of appeals agreed that the cab drivers had not suffered irreparable harm. Any suspension of a cab driver would be stayed while an order is being reviewed administratively, and the stay could be continued if that decision is reviewed in the courts. USA Today reports on the decision. (See prior related posting.)

Netherlands Plans To Ban Burkas in Schools

In the Netherlands, Education Minister Ronald Plasterk says legislation will be introduced in Parliament next year to ban the wearing of the burka at all elementary and secondary schools, including private Muslim schools. The London Telegraph reported yesterday that the proposed ban will apply to all teachers and visitors, as well as to parents picking up their children. Plasterk argued that "It is important for children to learn that proper communication requires being able to look the other person in the eye ." Estimates indicate that only about 100 women in all of the Netherlands wear burkas. Yesterday's Dutch News says that Plasterk's proposal follows a decision by the Cabinet in February not to totally ban the burka in public. However, a burka ban is likely to also be imposed on government employees and hospital workers, and extended by local authorities to council buildings and public transportation. (See prior related posting.)

3rd Circuit Hears Oral Arguments In Title VII Muslim Police Officer Case

The Philadelphia Inquirer reports that yesterday the U.S. 3rd Circuit Court of Appeals heard oral arguments in Webb v. City of Philadelphia, a case in which a Pennsylvania federal district court rejected a Title VII religious discrimination claim brought by a Muslim police officer who wanted to cover her head for religious reasons with a khimar. (See prior posting.) She requested a religious accommodation under the 1964 Civil Rights Act after male Muslim police officers were allowed to wear beards. Officer Kimberlie Webb has a custom-made khimar with a Velcro fastener so that it breaks away if someone grabs at it. Eleanor Ewing, arguing for the city, said Philadelphia's police uniform policy was intended to maintain religious neutrality. However, apparently other officers have been allowed to wear Christian crosses and angel pins.

Pittsburgh Episcopal Diocese Makes Financial Arrangements For Split-Off

For several years, the Episcopal Diocese of Pittsburgh has been moving toward separating from Episcopal Church (ECUSA) and affiliating with the more conservative Anglican Province of the Southern Cone. A final vote is expected on October 4. Yesterday's Pittsburgh Post-Gazette reports that Calvary Episcopal Church has been leading the minority of parishes that object to Bishop Robert Duncan's plans. In 2003, it filed suit against the Diocese and settled the litigation through a 2005 agreement that endowment funds, but not necessarily parish property, would continue to be held by those loyal to ECUSA. Now, the Diocese has agreed to have an inventory of all its property carried out by an individual appointed by the court. It also agreed this week to allow parishes that oppose the secession to place diocese support payments in escrow accounts that will go to ECUSA. The Diocese agrees that a fair distribution of property will be arranged if the secession resolution passes next month. (See prior related posting.)

Recent Prisoner Free Excercise Cases

In Zapata v. Brandenburg, (10th Cir., Aug. 25, 2008), the U.S. 10th Circuit Court of Appeals upheld the dismissal of a prisoner's claim that he was removed from a faith-based program because he refused to convert to a different faith. The lower court found that the removal was related to legitimate penological interests-- he was combative and threatening toward other inmates and staff.

In Hughes v. Banks, (8th Cir., Sept. 3, 2008), the U.S. 8th Circuit Court of Appeals affirmed dismissal of a free exercise claim by a prisoner who alleged that when he refused to comply with staff-precaution procedures, he was not given meals. This caused him to miss meals during Ramadan.

In Baker v. Schriro, 2008 U.S. Dist. LEXIS 66284 (D AZ, Aug. 20, 2008), an Arizona federal district court refused to dismiss a prisoner's claim that prison authorities destroyed his religious materials without any legitimate penological objective.

Palin and Jews For Jesus Speaker Both Clarify Their Views

As Sarah Palin's religious views are closely scrutinized by the media, last week remarks of a guest speaker at her Wasilla church were widely circulated. Jews for Jesus executive director, David Brickner spoke there, and his remarks were characterized as suggesting that conflict in the Middle East was a punishment for Israel's not accepting Jesus. (See prior posting.) Now Brickner says that his statements were misinterpreted. In a posting on Jews for Jesus website, he said that he was referring to "the need for all people, both Jews or Gentiles, to repent and seek forgiveness through Y'shua." Meanwhile, MSNBC reports the McCain campaign made clear that Palin does not share Brickner's views. McCain-Palin spokesman Taylor Griffin said: "This was a guest at the church who Governor Palin did not know would be speaking. Gov. Palin does not share the views he expressed, and she and her family would not have been sitting in the pews of this church for the last seven years if his remarks were even remotely typical." [Thanks to a commenter on my prior posting for the lead.]

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.