Tomorrow Is "See You At the Pole 2008"

Tomorrow is the annual "See You At the Pole" day at schools around the country. Students gather around the school's flag pole before school to pray together. A press release by the San Diego-based National Network of Youth Ministries says that the event "is a student-initiated and student-led movement that started in the Ft. Worth suburb of Burleson, Texas, in 1990. SYATP brings students to their school flagpoles to intercede for their leaders, schools, and families, asking God to bring moral and spiritual awakening to their campuses and countries." Churches encouraged the event by sponsoring special "Campus Challenge Sunday" commissioning services last Sunday. The SYATP website advertises a variety of resources available for "Pole" events. It also outlines the legal rights of students and others to participate. According to Florida Baptist Witness, any student who believes that his or her right to participate in a SYATP event has been infringed may contact Alliance Defense Fund for assistance.

UPDATE: The AP reports (9/24) Americans United executive director Barry Lynn says that teachers who participate in SYATP may be unconstitutionally endorsing religion. He also objected to pastors participating in the student-led events.

Illinois County Sign Ordinance Challenged

In McHenry County, Illinois, state Rep. Jack Franks has filed a motion in state court to dismiss a citation against his law firm and declare the county's sign ordinance unconstitutional. Suburban Chicago's Daily Herald reported yesterday that Franks' firm has been charged with failing to obtain a special permit for the sign over the firm's office door quoting a Biblical verse: "Justice, Justice, Shalt Thou Pursue". The county says that because of the sign's size, the special permit is needed. Franks argues that the ordinance is vague, places too much discretion in the hands of county inspectors, and infringes his right of religious speech.

A Church-State Aside On the Proposed Financial Bailout

The massive bailout of distressed financial institutions proposed over the weekend by the Treasury Department (New York Times) would give the government sweeping powers to "purchase ... mortgage related assets from any financial institution having its headquarters in the United States." Mortgage-related assets are defined in the draft bill (full text) as including "residential or commercial mortgages". An August 8 article in The Deal points out that a surprising number of churches are delinquent in their mortgage payments and face foreclosure, though lenders attempt to avoid foreclosing. In many cases the mortgage holders are not financial institutions, but instead holders of church bonds. But where the mortgage lender is a bank, is the draft bailout legislation broad enough to permit purchase of shaky church mortgages by the Treasury? If so, are there any church-state problems with the federal government essentially owning an interest in church buildings?

USCIRF Criticizes State Department For Failing To Update CPC List

The U.S. Commission on International Religious Freedom on Friday issued a release criticizing the State Department for failing to update its list of "countries of particular concern" since 2006. Last week the State Department issued its 2008 International Religious Freedom Report (see prior posting), but did not accompany it with updated designations of countries that have engaged in particularly severe violations of religious freedom, as called for in the 1998 International Religious Freedom Act (Sec. 402(b)(1)). No new designations have been made since 2006. (See prior posting.) In May, USCIRF made recommendations to the State Department on the countries that should be designated. However, by relying on 2006 designations, Vietnam, Pakistan and Turkmenistan remain off the State Department's list, against the recommendation of USCIRF. The Commission also differs with the State Department over the extent of reforms that have occurred in Saudi Arabia.

Rome's Ceremony Marking End of Papal States Shows Current Church-State Divide

Today's National Catholic Reporter carries an interesting account of Saturday's commemoration in Rome of the 138th anniversary of Italy's capture of the Papal States from the Pope. The ceremony featured Rome's vice Mayor and a general from the Sardinian Grenadiers. On Sept. 20, 1870, the Republican armies of Italy's King Victor Emmanuel II breached Port Pia, one of the gates of Rome, quickly captured the states and unified them under Italy's civil government. This year's annual ceremony, organized by the city of Rome, and not the Vatican, was controversial because the names of the 10 Papal troops killed in the battle were read, but not the names of the 49 Republican soldiers who were also casualties. This led to protests from leftists Italians who support strong separation of church and state. Later in the day they organized their own commemoration at which the names of the Republican troops killed were read. This controversy is seen as symbolizing current splits in Italy over the role of the Church in political affairs.

Recent Articles, Books & Movie of Interest

From SSRN:

• Tsun Hang Tey, Excluding Religion from Politics and Enforcing Religious Harmony, (Singapore Journal of Legal Studies, pp.118-142, July 2008).
• Haemala Thanasegaran, Growth of Islamic Insurance (Takaful) in Malaysia: A Model for the Region?, (Singapore Journal of Legal Studies, pp.143-164, July 2008).
• Oren Gazal-Ayal & Raanan Sulitzeanu-Kenan, Let My People Go? Ethnic Bias of Jewish and Arab Judges in Pretrial Detention Decisions in Israel, (September 14, 2008).
• Andrew M.M. Koppelman, Corruption of Religion and the Establishment Clause, (William & Mary Law Review, Vol. 50, 2008).
• Cynthia Lee, Hate Crimes and the War on Terror, (in Hate Crimes: Perspectives and Approaches, Barbara Perry, ed., 2008).
• Nicholas M. Gaunce & Robert Luther, Deliver Us from Evil: Why Bankruptcy Judges May Properly Rely on the Free Exercise Clause & RFRA to Protect Church Property from the Grasps of Tort-Creditors, (Valparaiso University Law Review, Vol. 43, 2009).
• Lyman P. Q. Johnson, A Role for Law and Lawyers in Educating (Christian) Business Managers about Corporate Purpose, (U of St. Thomas Legal Studies Research Paper No. 08-22, Aug. 29, 2008).

From SmartCILP:

• Thomas Barfield, Culture and Custom in Nation-Building: Law in Afghanistan, 60 Maine Law Review 347-373 (2008).
• Jill Marshall, Conditions for Freedom? European Human Rights Law and the Islamic Headscarf Debate, 30 Human Rights Quarterly 631-654 (2008).
• Eric J. Segall, The Taxing Law of Taxpayer Standing, 43 Tulsa Law Review 673-696 (2008).
• John Witte, Jr. Prophets, Priests, and Kings: John Milton and the Reformation of Rights and Liberties in England, 57 Emory Law Journal 1527-1604 (2008).

Recent Books:

• Douglas W. Kmiec, Can a Catholic Support Him? Asking the Big Questions about Barack Obama, (The Overlook Press, Sept. 2008). (Excerpt on Beliefnet).
• Rodney Stark, What Americans Really Believe, (Baylor Univ. Press, 2008), reviewed in The Lariat.

New Movie:

• Bill Maher, Religulous (Lionsgate, Oct. 2008).

USCIRF Objects To Religious Groups' Invitation To Iranian President

On Friday, the U.S. Commission on International Religious Freedom sent letters (full text) to a group of religious organizations-- several of which are pacifist groups-- criticizing their invitation to Iranian President Mahmoud Ahmadinejad to participate in an "international dialogue" program titled "Has Not One God Created Us? The Significance of Religious Contributions to Peace." The letter said that USCIRF is "concerned that your 'dialogue' will be merely another platform for President Ahmadinejad to espouse an ideology of intolerance."

Nebraska Meat Packing Plant Faces Contentious Religious Accommodation Issue

Today's Omaha World-Herald sets in context a complicated religious accommodation dispute that erupted last week at the JSB Swift & Co. meat packing plant in Grand Island, Nebraska. It began when Muslim employees, mostly from Somalia, walked off the job last Monday claiming they were not being allowed a break to pray and break their daily Ramadan fast. Here is what happened next according to the paper:

The ... United Food and Commercial Workers Union Local 22 announced a compromise that would allow Muslims to take breaks to pray and eat shortly after sunset. Then an estimated 1,000 non-Muslim workers, including Hispanics, whites and Christian Sudanese refugees — walked off the job on Wednesday. They were protesting what they viewed as unfair treatment favoring the Muslims. The compromise was withdrawn. About 50 to 80 Muslim workers then walked off the job Thursday, despite the threat of termination. When some tried to return to work Friday, they were told they had been fired.... JBS Swift officials said in a statement Friday they were working with employees and the union to resolve the problems.

Minister In Battle With Pennsylvania Town Over Use of Church For Homeless

Today's Pittsburgh Post-Gazette reports on the battle in Brookville, Pennsylvania between the First Apostles Doctrine Church and zoning authorities. The church's minister, Rev. Jack L. Wisor, wants to use the church as a homeless shelter, saying providing shelter to "guests" is part of its ministry. However borough solicitor Stephen French says that homeless shelters are not permitted in areas zoned commercial where the 111 year old church is located. Rev. Wisor has already been fined $500 for allowing three homeless men to live in the church's parsonage. He has appealed to the Jefferson County Common Pleas Court. Wisor also objects to a code enforcement raid earlier this month which he alleges desecrated the church sanctuary. Borough solicitor French denies the allegations and says Wisor has told him that he is "going to hell" for making people homeless.

Feds Raid Arkansas Church Headquarters In Child Pornography Investigation

In southwest Arkansas yesterday, federal authorities raided the 15-acre compound housing the Tony Alamo Christian Ministries. The Associated Press reports that the raid was part of a child pornography investigation. Social workers are talking with children who live at the complex located in the town of Fouke. In a phone call with the AP, Alamo said: "Where do these allegations stem from? The anti-Christ government. The Catholics don't like me because I have cut their congregation in half. They hate true Christianity." He argues that the raid is part of an effort by the federal government to make same-sex marriage legal while outlawing polygamy. He believes polygamy is permitted by the Bible, and that "anything that is in the Bible is law." He also says that in sexual matters, "consent is puberty".

Recently Available Prisoner Free Exercise Cases

In Farnsworth v. Baxter, 2008 U.S. Dist. LEXIS 69236 (WD TN, Sept. 12, 2008), a Tennessee federal district court rejected claims by a Messianic Jewish prisoner that his rights under RLUIPA were violated when neither the prison chaplain nor a volunteer could conduct Messianic Jewish Sabbath services for him to attend.

In Joshlin v. Maricopa County Sheriff's Office, 2008 U.S. Dist. LEXIS 69385 (D AZ, July 22, 2008), an Arizona federal district court rejected a prisoner's complaint that his free exercise rights were violated when he was placed in segregation for having dreadlocks, and when authorities refused to provide him with a copy of the Quran or arrange religious visitations. He was told that if he wished to keep his non-pork religious diet, he must cut his hair because his Muslim faith does not prohibit cutting hair

In Stine v. Wiley, 2008 U.S. Dist. LEXIS 69699 (D CO, Sept. 16, 2008), a Colorado federal district court accepted a magistrate judge's recommendation to dismiss a prisoner's free exercise complaint that he was not permitted to watch religious television programing.

In Percival v. Office of the Governor, 2008 U.S. Dist. LEXIS 70356 (SD TX, Sept. 10, 2008), a Texas federal district court dismissed as frivolous a claim by a Messianic Jewish inmate that requiring him to shave his beard infringed his free exercise rights.

Pakistan Church Wants Government To Intervene In Kidnapping Case

Religious Intelligence reports today that the Lahore Diocese of the Church of Pakistan has asked the government to intervene in the case of two Christian girls, aged 10 and 14, who in June were kidnapped and forced to convert to Islam. The older girl was also forced to marry. The girl's parents filed a habeas corpus petition in Muzaffargarh seeking their release. However, on July 12 a local judge denied the petition ruling that since the girls had become Muslims, they could not be returned to their Christian parents. The decision has been appealed to the Multan bench of the Lahore High Court.

House Bill Would Assure Right To Post Mezuzahs On Condo Unit Doors

Earlier this week, U.S. Representative from New York, Jerrold Nadler, introduced H.R. 6932 which would amend the federal Fair Housing Act to guarantee residents of condominiums and co-ops the right to display religious symbols or objects, such as a mezuzah, outside their doors. The bill, known as the Freedom of Religious Expression in the Home Act of 2008, is a reaction to a 7th Circuit decision earlier this year that held the Fair Housing Act currently does not ban such condo rules. (See prior posting.) The bill would amend 42 USC Sec. 3604 to prohibit establishing

a rule or policy that prevents a person from displaying, on the basis of that person’s religious belief, a religious symbol, object, or sign on the door, doorpost, entrance, or otherwise on the exterior of that person’s dwelling, or that is visible from the exterior of that dwelling, unless the rule or policy is reasonable and is necessary to prevent significant damage to property, physical harm to persons, a public nuisance, or similar undue hardship.

Yesterday's New York Sun reports on the legislation that has three other co-sponsors.

NY Social Service Department Suing To Get Heart Surgery For Amish Child

WWNY TV News reported yesterday on the ongoing trial in St. Lawrence County, New York Family Court of an Amish couple who are refusing on religious and cultural grounds to allow their 17-month old son to have heart surgery. The county Department of Social Services has filed neglect charges, asking the court to remove the child from the custody of his parents, Gideon and Barbara Hershberger, so he can have a hole in his heart surgically repaired. Without surgery, the condition could be fatal for young Eli Hershberger.

Indian Police Arrest Hindu Activist After Series of Church Attacks

M&C reports today that in Mangalore in southern India, police have arrested Hindu right-wing activist Mahendra Kumar on charges of conspiracy and of promoting enmity between religious groups. Kumar heads the Karnataka Bajrang Dal which has claimed responsibility for attacks on at least 14 churches and Christian prayer halls since September 14 in Karnataka state. The arrest came after the federal Home Ministry issued two advisories criticizing Karnataka's Bharatiya Janata Party (BJP) government for not acting decisively enough in the situation. The Karnataka government has also appointed a commission to look into the violence between Hindus and Christians.

NY Court Orders Specific Performance of Land Sale By Religious Corporation

In Scher v Yeshivath Makowa Corp., (NY App. Div., Sept. 16, 2008), a New York appellate court rejected an attempt by a religious corporation to back out of a contract for sale of its property. The NY Religious Corporation Law, Sec. 12, provides that a religious corporation must apply for leave of a court to sell property. However, here the court held that the trial court properly ordered specific performance once it determined that the contract price was fair and reasonable at the time it was made. [Thanks to J.J. Landa for the lead.]

State Department Issues 2008 Report On International Religious Freedom

The U.S. State Department this afternoon issued its 2008 Report on International Religious Freedom. The Report discusses separately the status of religious freedom in almost every country around the world, including the 8 that have been designated as "countries of particular concern": Burma, China, North Korea, Iran, Sudan, Eritrea, Saudi Arabia, and Uzbekistan. Sixteen other countries are singled out in the Executive Summary as ones "where religious freedom is of significant interest." These are Afghanistan, Algeria, Cuba, Egypt, India, Indonesia, Iraq, Israel and Occupied Territories, Laos, Malaysia, Pakistan, Russia, Sri Lanka, Turkmenistan, Venezuela, and Vietnam.

The report identifies five categories of infringements upon religious freedom prevalent in various parts of the world:

First, the most severe abuses take place in certain totalitarian and authoritarian regimes that seek to control religious thought and expression.... Second, serious abuses occur in contexts of state hostility toward minority or nonapproved religious groups.... A third category of abuse stems from a state's failure to address forces of intolerance against certain religious groups.... Fourth, abuses occur when governments have enacted discriminatory legislation or taken concrete action to favor majority religions.... A fifth category involves the practice of discriminating against certain religions by identifying them as dangerous "cults" or "sects."

The report was sent to Congress as required by Sec. 102(b) of the International Religious Freedom Act of 1998.

UPDATE: The remarks of Secretary of State Condoleezza Rice and the remarks and lengthy Q&A of Ambassador at Large for International Religious Freedom John V. Hanford III at the press conference releasing the Report are available from the State Department's website. Both included in their remarks criticism of proposals at the UN by the Organization of the Islamic Conference to promote the concept of defamation of religion.

Good News Club Suit In Virginia Settled

Following up on last month's issuance of a preliminary injunction by a Virginia federal district court barring the Williamsburg- James City County School Board from charging user fees to the Good News Club for after-school use of school facilities (see prior posting), the parties have entered into a stipulated Consent Decree settling the case. On Sept 12, the court issued an order approving the settlement (full text), which included a new school board policy for community use of school facilities that waives fees for all community groups using school space for after-school activities. The school, through its insurer, will also refund user fees paid in past years by the Good News Clubs and reimburse plaintiffs $20,000 for litigation costs. Liberty Counsel yesterday issued a press release on the settlement.

Suit Challenges DC Land Swap With Christian Homeless Shelter

A lawsuit was filed in federal district court in Washington, DC yesterday challenging a proposed exchange of land in which the District if Columbia would give Central Union Mission a former school building near the U.S. Capitol worth nearly $9 million, plus $7 million in cash and expenditures for renovation, so the Mission can relocate its homeless shelter there. In exchange, the District is getting a piece of land worth $2.68 million. The building the Mission would receive was formerly operated as a shelter by the city. The Mission's attempt to relocate to another site it already owned was blocked by neighbors.

Today's Washington Post and a release from the ACLU report that plaintiffs include taxpayers plus two homeless men who do not go to the Mission's current shelter because the Mission requires all residents to attend nightly Christian worship services. The Mission also requires all employees and volunteers to be Christians. The complaint in Chane v. District of Columbia asks that either the land swap be blocked, the Mission not engage in religious activities at the new building it is receiving from DC, or that the Mission pay fair market value for the building. Plaintiffs say the shelter is free to engage in religious activity, but not when it is subsidized by government funds. (See prior related posting.)

Italian Party Seeking To Restrict Building of Mosques

PoliGazette yesterday reported on efforts in Italy by the Lega Nord party to refuse Muslims permission to build mosques in Italian cities. A new law being proposed would prohibit building of a mosque within 1 kilometer of a church and would make it illegal for Imams to speak to their congregations in Arabic. It would also ban calls to prayer by muezzins. It would mandate a regional referendum before a mosque could be built and would ban building of minarets. Referenda are already being used in some northern Italian cities, and usually proposals for mosque construction are defeated. Religious Intelligence yesterday also reported on the new proposed legislation.

Chinese House Church Sues County Religious Affairs Bureau

Human Rights in China reported yesterday that for the first time a lawsuit has been filed against a government religious authority in China. Wang Yi filed suit on behalf of a Christian house church in Chengdu city-- the Qiuyu Blessings Church. They are suing the Shuangliu County Bureau of People's Religious Affairs for raiding and later banning a religious gathering held by the church in May at a resort hotel. Wang says the order banning the event failed to specify what regulations were violated. However this week when the complaint was filed, the judge refused to accept it saying that Wang furnished insufficient evidence to support the claim. The government often relies on a ban on religious activities taking place in "non-religious" locations, found in 2005 Regulations, to raid house churches.

"Rabbis for Obama" Group Formed

Yesterday's New Jersey Jewish News reports on the formation last week of a first-of-its-kind organization-- Rabbis for Obama. Some 300 rabbis have signed onto a letter that says Obama "will best support the issues important to us in the Jewish community." This kind of personal endorsement of a candidate by clergy in their personal capacity is permitted by IRS regulations. Rabbis are listed on the letter by their home towns instead of their synagogues to make clear that they are speaking in their personal capacity.

2008 Survey On First Amendment Attitudes Released

On Wednesday, the First Amendment Center released its State of the First Amendment 2008 national survey (detailed results). 62% of respondents thought that Americans have about the right amount of religious freedom. 54% believe that freedom of worship applies to all religious groups regardless of how extreme their beliefs are. 32% strongly agree and 23% mildly agree that people should be allowed to say things in public that might be offensive to religious groups.

46% strongly agree and 17% mildly agree that the nation's founders intended the U.S. to be a Christian nation. 36% strongly agree and 19% mildly agree that the Constitution establishes a Christian nation. 22% strongly agree and 18% mildly agree that religious leaders should be allowed to openly endorse political candidates from the pulpit and keep their tax-exempt status. [Thanks to Michael Lieberman for the lead.]

Illinois Church's RLUIPA Lawsuit Settled

For a second time, a settlement seems imminent in a federal lawsuit between Carlinville, Illinois and the Carlinville Southern Baptist Church that wants to use a former Wal-Mart building, zoned for commercial use, as a church. The church argued that its 1st and 14th Amendment rights and its rights under RLUIPA were violated by the city's denial of permission for the property to be used for worship. A previous settlement was vetoed by the mayor.(See prior posting.) Now, according to yesterday's Springfield (IL) State Register Journal, Carlinville city council has approved the basic outlines of a new settlement reached between the church and the city's insurer. City council will approve a special use permit for the church, and in return the city will be granted an easement on one side of the property and will have the right of first refusal on any future sale of the building by the church. The church will also receive damages of $165,000. The court has already given the church the right to remodel the building and use it for activities other than worship services.

President Speaks At White House Iftaar Dinner

Last night, President Bush continued the annual tradition of speaking at an Iftaar dinner-- a dinner to break the Ramadan fast-- held at the White House. In addition to government officials and members of the diplomatic corps, guests included Muslims who have risen to the top of their profession in the United States. In his remarks (full text), Bush said:

[O]ne of the great strengths of our nation is its religious diversity. Americans practice many different faiths. But we all share a belief in the right to worship freely. We reject bigotry in all its forms. And over the past eight years, my administration has been proud to work closely with Muslim Americans to promote justice and tolerance of all faiths.

The White House website also has a video of the President's remarks and the opening blessing before dinner.

Court Upholds Ban on Defendant Displaying Bible To Jury

In People v. Williams, (App. Div., Sept. 16, 2008), in a brief opinion, a New York appellate court concluded that a murder defendant's free exercise rights were not violated when the trial judge prohibited him from displaying his Bible in the presence of the jury. The court held that the state had a compelling interest in assuring a fair trial for both sides in the case in which defendant was convicted second degree murder of his 5-week old son.

North Carolina School District May Add Creationism To Curriculum

Articles in the Wilmington, North Carolina Star News on Tuesday and Wednesday report that the Brunswick County (NC) School Board is looking for a way to teach creationism in the schools. The issue was raised at Tuesday's board meeting by parent Joel Fanti who told the board that it was unfair for evolution to be taught as a fact. Fanti said: "I wasn't here 2 million years ago. If evolution is so slow, why don't we see anything evolving now?" School board member Jimmy Hobbs responded: "It's really a disgrace for the state school board to impose evolution on our students without teaching creationism. The law says we can't have Bibles in schools, but we can have evolution, of the atheists."

School board Chairwoman Shirley Babson said she does not agree with teaching evolution, but the state legislature requires it. Board attorney Joseph Causey said it might be possible under state law to add creationism to the curriculum if it does not replace the teaching of evolution. Superintendent Katie McGee said her staff would research the issue. Meanwhile, according to the Star News, the county school system offers a high school Bible as Literature course. However it is not being taught this year because no students signed up for it.

Texas County Settles Lawsuit With New Screening Policy on Religious Garb

Dallas County, Texas has revised its security screening procedures for individuals wearing religious head coverings in order to settle a lawsuit filed last year by Amardeep Singh, a member of the Sikh faith. (See prior posting.) According to yesterday's Houston Chronicle, in 2006 after refusing to remove his turban, Singh was ordered out or a Justice of the Peace courtroom where he had come to defend a traffic ticket. According to the ACLU which represents Singh, under the new policy security personnel at all county buildings will allow people to walk through metal detectors wearing religious head coverings or other religious garments. If they set off the detector, security personnel will follow up using a hand-held device or with a private search.

California City and Buddhist Temple Settle RLUIPA Challenge

Yesterday in Garden Grove, California, the parties announced a settlement in Vietnamese Buddhism Study Temple in America v. City of Garden Grove, a challenge under the 1st Amendment and RLUIPA to a zoning denial (See prior posting.). The Orange County Register reports that under the settlement, the Quan Am Buddhist temple will submit an application to tear down an office building it purchased and construct a new temple, including living quarters for monks and nuns. The city will consider the application in good faith. Several prior applications have been rejected, as the city tried to preserve the site for office use. The court had previously granted the Temple a preliminary injunction permitting it to hold worship services in several suites in the office building. (See prior posting.)

Minnesota School Faces Issue of Accommodating Students' Prayer Times

In Willmar, Minnesota, school officials are at odds with some Somali Muslim parents over how far the schools should go in accommodating students' need for prayer time. Minnesota Public Radio reported Tuesday that under an agreement reached with parents six years ago, Willmar Junior High School students are permitted to pray between classes and at lunch time. A few parents, however, who are stricter about precise punctuality for prayer times, want their children to be able to step out during class for five minutes to pray. School officials say this would be disruptive, though some teachers may have informally permitted the practice. [Thanks to Blog from the Capital for the lead.]

California Couple Refuses To Sign Gender-Neutral Marriage License

After the California Supreme Court earlier this year ruled that same-sex marriage is valid, the courts required the state to provide gender-neutral marriage license forms. So the words "bride" and "groom" are now replaced by "Party A" and "Party B". However, Roseville (CA) Pastor Doug Bird, of the Abundant Life Fellowship, is urging couples not to sign the new marriage forms. Yesterday's Sacramento Bee reports that one person following his advice is his daughter, who was recently been married at her father's church. The Placer County Clerk-Recorder Registrar of Voters office has refused to accept her marriage license for filing after she and her husband inserted "bride" and "groom" next to the language referring to Party A and B. Rachel Bird, who describes her stand as "personal-- not religious" has been unable to sign up on her husband's medical insurance since their marriage is not registered with the state. [Thanks to Scott Mange for the lead.] [Corrected].

Developments In Two FLDS Legal Proceedings

Today's Deseret News reports on legal developments in two separate proceedings involving the FLDS Church. Texas Child Protective Services has moved to nonsuit four more children in its custody proceedings that originally involved 439 children taken from the group's YFZ Ranch in Eldorado, Texas. With this move, only 239 of the children who were returned to parents remain under court supervision with requirement that their families remain in Texas. (See prior related posting.)

Separately, in a Utah court, the attorney for a group of ex-FLDS church members says his clients do not object to FLDS leader Willie Jessop serving on an advisory board for the court-controlled UEP Trust that holds property of the FLDS Church. In court filings, attorney Greg Hoole suggests that authority over the property be transitioned from a court-appointed fiduciary to a new board of trustees. In the meantime, he suggests posting minutes of advisory board meetings online and appears to support the fiduciary clearing property transfers through the court with an opportunity for FLDS members to comment on them. (See prior related posting.)

Tourists In Dubai Fined For Eating In Public During Ramadan

Gulf News reported yesterday that in the United Arab Emirates, the Dubai Court of Misdemeanours has convicted two non-Muslim foreign tourists of violating the country's ban on eating and drinking in public during daylight hours in the month of Ramadan. The Russian and Lebanese toursts were drinking juice in a service station waiting room. In the first conviction this year under Section 313 of the Emirates Federal Penal Code, the two defendants, who said they did not know that they were acting in violation of law, were each fined Dh 1000.

Google Settles Suit By British Christian Group Over Pro-Life Ads

In Britain, a settlement has been reached in the suit against Google brought by the Christian Institute. Professional Fundraising reports today that under the terms of the confidential settlement Google affiliate AdWords will change its policy that led it to reject pro-life ads that would appear when a user Googled the word "abortion". Non-religious groups could place ads relating to abortion, but the previous policy barred ads that combined abortion and religion-related content. The lawsuit claimed the policy violated the Equality Act 2006. (See prior related posting.)

Opponents of Arizona's Marriage Amendment Focus On Mormon Suport For Measure

In November, Arizona voters will decide whether to approve Proposition 102, a state constitutional amendment providing: "Only a union of one man and one woman shall be valid or recognized as a marriage in this state." Today's Arizona Star reports that Arizona Together, the main group opposing the measure, is creating a strategy to label the proposal an attempt by the Mormon church to improve its image and appear "mainstream" after a series of polygamy scandals involving groups not formally affiliated with the LDS church. Apparently much of the money backing the amendment has come from Mormon donors. Backers of the proposal charge that Arizona Together's strategy reflects religious bigotry and is a scare tactic.

McCain Comments On Religion and Governance

Last Friday, according to a Catholic News Agency report, Republican presidential nominee John McCain spoke about religion and political governance in an appearance on the ABC television show, The View. He said:

Judeo-Christian values were the foundation of our nation. 'In God we trust' - clearly - the belief that God has a plan for the world, and that we should do what we can to live as good a lives as we can and trust that - 'in God we trust' - will guide the nation and this world to a better existence.

Interviewer Whoopi Goldberg asked McCain whether Christianity could take over to the detriment of those with other beliefs, McCain responded:

I think everybody obviously is entitled to their individual faith, including not believing in anything. But I pray every day for guidance, and to do the right thing... and to do what is in the best interest of the country.

UN Draft Document Calls For Tempering Free Speech Over Religious Sensibilities

Today's Canadian Jewish News reports that a draft discussion paper circulating in advance of the April 2009 United Nations Durban II anti-racism conference contains controversial language on avoiding defamation of religion. The Preliminary Document of the African Regional Conference Preparatory to the Durban Review Conference, paragraph 13, "calls upon states to avoid inflexibly clinging to free speech in defiance of the sensitivities existing in a society and with absolute disregard for religious feelings."

Court Orders New Election In California Buddhist Temple

Yesterday's San Jose (CA) Mercury News reports on the impact on the Oakland Buddhist Society Temple of efforts by the Massachusetts-based International Community of Khmer Buddhist Monks Center to form a national organization by taking over local Cambodian Buddhist Temples. In 2005, the Massachusetts group took control of the Oakland temple and its assets in an election that local members of the temple claim was illegal. Now after three years of litigation, an Alameda County Superior Court judge last week ordered that a new vote, under supervision of a special master, be held. Only members of the Oakland temple before its merger with the national organization can vote. The members will elect new directors who, in turn, will decide who will get control of the Temple's assets. The Temple's attorney however fears that some $100,000 in cash transferred from the Temple has already been spent by the national group.

Nigerian Sharia Court Arraigns Man With 86 Wives For Insulting Religion

In Nigeria on Monday, an Upper Sharia Court in Minna arraigned 84-year old Mallam Abubakar Bello Masaba on charges of insulting or inciting to contempt of religious creed, deceitfully inducing belief of lawful marriage, and marriage ceremony without lawful marriage. Masaba has 86 wives and between 170 and 190 children. According to reports this week by Reuters and Lagos' Vanguard, chiefs and Muslim leaders in Masaba's home town of Bida ordered him, on threat of banishment, to divorce 82 of his wives so he would have only four as permitted by Islamic law. Masaba responded by filing suit in the Federal High Court in Abuja and obtaining an order restraining local officials from infringing his rights. The Minna court on Monday rejected Masaba's request for release on bail after his arraignment, despite his attorney's plea that his client "is an old man ... and has a very large family and a lot of responsibilities ... and based on this, the man cannot run away." The denial of bail has been appealed to the Federal High Court.

UPDATE: Friday's issue of This Day reports that some 80 family members of Mallam Mesaba, along with some Islamic clerics, showed up at the state Ministry of Justice in Minna to protest Mesaba's arraignment and continued detention.

Florida Supreme Court Issues Opinion On Exclusion of Ballot Issues

As previously reported, earlier this month the Florida Supreme Court enjoined state officials from including on the November ballot two proposed state constitutional amendments-- one that would have eliminated Florida's Blaine Amendment and assured equal participation in public programs by religious organizations, the other that would have reversed the state's ban on school vouchers. Yesterday the court released its opinion explaining its order. In Ford v. Browning, (FL Sup. Ct., Sept. 15, 2008), the court held that the language of Art. XI, Sec. 6 of the Florida constitution granting the Taxation and Budget Reform Commission the power to propose constitutional amendments "dealing with taxation or the state budgetary process" is not broad enough to authorize the two amendments at issue. The court held:

TBRC’s jurisdiction to propose constitutional amendments does not extend to a subject solely because the State will expend funds on that subject or because it could affect the State’s expenditures. TBRC’s authority to propose constitutional amendments directly to the voters is constitutionally limited to two scenarios: if the proposal addresses taxation or the process by which the State’s budget is procedurally composed and considered by the Legislature.

[Thanks to Melissa Rogers for the lead.]

Church Sues Wisconsin School District Over Facility Rental Policy

In Sun Prairie, Wisconsin, the Open Door Church filed suit in federal court last week against the Sun Prairie Area School District (full text of complaint) challenging its policy on charging fees for use of school facilities for after-school religious activities. The Church was charged rent to use space for its AWANA club for children. District policy allows nonprofit groups to use school facilities for activities benefiting children and the community, but in order to obtain a waiver of rental fees, the group must be non-religious and not discriminate in membership on the basis of religious affiliation. Even with the payment of rent, religious activities can only be for a limited time not exceeding one semester. The suit alleges that the Church is being denied equal access to a designated public forum, and claims violations of speech, free exercise, equal protection, due process and Establishment clause provisions of the 1st and 14th Amendments. A Sept. 11 Alliance Defense Fund release announced filing of the law suit.

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.]