Follow-Up On ADF's Pulpit Freedom Sunday

Alliance Defense Fund has published the names of 33 churches and their pastors who participated in Pulpit Freedom Sunday last weekend. The ADF press release said "Pastors participating in Pulpit Freedom Sunday preached from their pulpits Sept. 28 about the moral qualifications of candidates seeking political office. The pastors exercised their First Amendment right to preach on the subject, despite federal tax regulations that prohibit intervening or participating in a political campaign." (See prior related posting.) On Monday Americans United asked the Internal Revenue Service to investigate six of the churches. (Press release).

Rosh Hashanah Begins Tonight; Bush Sends Greetings; Financial Bailout Vote Impacted

President Bush today issued a message (full text) sending "best wishes for a meaningful Rosh Hashanah" to people of the Jewish faith in the U.S. and around the world. The holiday begins at sundown this evening. He described the holiday as "an opportunity to celebrate the history of the Jewish people and the values that bind us all together."

Meanwhile, the U.S. Senate was scheduled to adjourn beginning at sundown Monday in honor of Rosh Hashanah. That however creates problems with obtaining approval of critical financial bailout legislation that was drafted over the weekend. Politco reported yesterday that Sen. Judd Gregg, who led negotiations on the bill for the Senate Republicans, pleaded for Senators to bring the bill to a vote today because of the need for swift action. CQ Politics today reports that it is likely that a cloture vote on the bill will be set for Wednesday in the Senate. Reform Jews generally celebrate Rosh Hashanah for one day, while Orthodox and Conservative Jews celebrate it for two days. The financial bailout vote schedule could pose a moral dilemma for some of the 13 Jewish members of the Senate who would need to decide whether to attend the Wednesday Senate session on a holiday during which observant Jews generally abstain from work and travel.

Virginia Buddhists File RLUIPA Suit Over Zoning Denial

Last month, the Virginia Beach (VA) city council refused to renew a temporary use permit that would have allowed the Buddhist Education Center of America Inc. to continue to hold Sunday services in a monk's home. The Virginian Pilot reports that last Thursday, Buddhist monks and their followers filed a lawsuit in federal court alleging that the permit denial violates RLUIPA and their First Amendment free exercise rights. (See prior related posting.)

Spa Owner Says 1st Amendment Protects "Laying On of Hands"

In July, a civil jury in Tuscon, Arizona found against John LaVoie in a civil forfeiture proceeding charging him with prostitution related offenses. Today's Arizona Star reports that LaVoie, who operates the Angel's Heaven Relaxation Spa, says he is pastor of the Church of Liberty. He is objecting to the proposed order that he forfeit nearly $2 million in assets, asserting a free exercise defense. He argues that Spa employees were merely comforting the afflicted through the religious act of "laying on of hands." Meanwhile it turns out that in February 2006, while LaVoie was being investigated, Pima County, using its random selection procedure to invite ministers to deliver an invocation at the Board of Supervisors meeting, heard an invocation from LaVoie.

British Muslim Driver Sues Over Handling Alcohol

Today's London Daily Express reports on a suit filed in an industrial tribunal in the British city of Birmingham by a Muslim fork lift truck driver. Mohammed Ahmed brought suit against the Tesco supermarkets after it turned out that his job required him to handle alcohol-- an action that violates his religious beliefs. Ahmed says that after he filed a grievance, he was harassed. Tesco's lawyer says that Ahmed was advised at the outset about the duties required by the job.

New Articles of Interest This Week Abound

From SSRN (U.S. law):

• Lloyd H. Mayer, The Pulpit, Politics, RFRA, and Institutional Free Exercise, (Notre Dame Legal Studies Paper No. 08-30, Sept. 2008).
• Ira C. Lupu & Robert W. Tuttle, Courts, Clergy, and Congregations: Disputes between Religious Institutions and Their Leaders, (Georgetown Journal of Law & Public Policy, 2009).
• Lynn S. Branham, 'The Devil is in the Details': A Continued Dissection of the Constitutionality of Faith-Based Prison Units, (U Iowa Legal Studies Research Paper No. 08-35 (Sept. 2008).
• Aaron K. Block, When Money Is Tight, Is Strict Scrutiny Loose?: Cost Sensitivity as a Compelling Governmental Interest Under the Religious Land Use & Institutionalized Persons Act of 2000, (September, 23 2008).
• Scott C. Idleman, Private Conscience, Public Duties: The Unavoidable Conflicts Facing a Catholic Justice, (University of St. Thomas Law Journal, Vol. 4, pp. 312-324, 2007).
• Martha M. Ertman, 'They Ain't Whites; They're Mormons': An Illustrated History of Polygamy as Race Treason, (U. of Maryland Legal Studies Research Paper No. 2008-37, September 2008).
• Ira C. Lupu & Robert W. Tuttle, Constitutional Change and Responsibilities of Governance Pertaining to the Faith-Based and Community Initiative, in Research on Innovations in Effective Compassion (HHS, June 2008).

From SSRN (non-US law):

• Kathryn Chan, Taxing Charities/Imposer Les Organismes DeBienfaisance: Harmonization and Dissonance in Canadian Charity Law, (Canadian Tax Journal/ Reue Fiscale Canadienne, Vol. 55, No. 3, 2007).
• Marc Hertogh, What's in a Handshake? Legal Equality and Legal Consciousness in the Netherlands, (Social & Legal Studies, Vol. 18, No. 2, 2009).
• Smita Narula, Equal by Law, Unequal by Caste: The 'Untouchable' Condition in Critical Race Perspective, (Wisconsin International Law Journal, Vol. 26, p. 255, 2008).

From SmartCILP:

• Symposium, The Constitutionality of Faith-Based Prison Units [full text of all articles], 6 Ave Maria Law Review 341-511 (2008).
• David C. Flatto, The King and I: The Separation of Powers in Early Hebraic Political Theory, 20 Yale Journal of Law & Humanities 61-110 (2008).

Four Texas School Board Members Urge Controversial Bible Curriculum

Last summer, the Texas State Board of Education approved only general guidelines for elective courses on the impact of the Hebrew Bible (Old Testament) and New Testament on the History and Literature of Western Civilization. (See prior posting.) So now, according to an AP report yesterday, four individual members of the 15-person Board have sent an e-mail to all school districts encouraging them to adopt one specific approach-- the National Council On Bible Curriculum In Public Schools. That curriculum has been criticized by some as promoting Protestant perspectives, and last March, Ector County, Texas, schools settled a lawsuit with an agreement not to use that curriculum in the future. (See prior posting.)

Texas A&M Sued For Discrimination By Two Iraqi Researchers

The Houston Chronicle reported last week that two Iraqi doctors who formerly worked as researchers on in vitro fertilization at Texas A&M University have sued the University, several of its units and former co-workers for religious, racial and national origin discrimination. The researchers, who fled Iraq because of opposition to their research, say that they were regularly mocked, and that animal feces and urine were thrown on their prayer rug. After an investigation, the school refused to take action on the complaints.

U.S. House Calls On Lithuania To Preserve Jewish Cemetery

On Thursday, the U.S. House of Representatives passed by a vote of 414-1 and sent to the Senate H. Con. Res. 255. The Resolution expresses strong support for the work of the United States Commission for the Preservation of America's Heritage Abroad which works to preserve sacred historical sites in Eastern and Central Europe. The Resolution goes on to protest a decision by the government of Lithuania to permit commercial construction "within the perceived boundaries" of a 500-year old Jewish cemetery in Vilnius.

Maldives Supreme Court Hears Challenge To President's Religious Beliefs

In the Maldives, the country's Supreme Court is hearing a fascinating challenge to the right of President Maumoon Abdul Gayoom to stand for re-election. Under the Maldives constitution, only Muslims are entitled to citizenship. (See prior posting.) The conservative Adhaalath Party claims that Gayoom is an "infidel" because he has denied Jesus' second coming, the teaching that the Quran will ascend to heaven on judgment day and the doctrine of blood money. He also disagrees with scholars on which offenses can be pardoned and he says that veiling for women is not compulsory. His opponents also claim he has attempted to spread Christianity in the Maldives. The Election Commission ruled in Gayoom's favor, saying that he had been issued a Maldivian identity card which is only issued to Muslims, and that the challengers had not carried their burden of proving otherwise.

Minivan News reports that arguments in an appeal of the Election Commission decision began in the Supreme Court on Thursday and continue today. Gayoom's lawyers argue that the texts relied upon by the Adhaalath Party are open to interpretation. Underlying the dispute are Gayoom's attempts to creack down on Islamic extremism since a bombing in September 2007 aimed at the country's tourism industry.

Orlando's Ordinance Restricting Feeding Homeless In Parks Held Unconstitutional

In First Vagabonds Church of God v. City of Orlando, (MD FL, Sept. 26, 2008), a Florida federal district court found that Orlando's Large Group Feeding Ordinance violates the speech rights of an activist group that feeds the poor and infringes the free exercise rights of a church that holds Sunday services, including the sharing of food, in a downtown city park. The Ordinance requires a permit to feed more than 25 people in any downtown park, and limits a group to two permits per park in a 12 month period. The court held that the activist group, Orlando Food Not Bombs, was engaged in expressive conduct and that the Ordinance prevents OFNB "from communicating its Constitutionally protected speech at a meaningful location which, from time immemorial, has been the traditional public forum for free speech."

Moving to the free exercise claim, while the court had previously held that the Ordinance did not substantially burden First Vagabond Church of God's exercise of religion under Florida's Religious Freedom Restoration Act (see prior posting), it now held that nevertheless it does violate the church's First Amendment free exercise rights. The court concluded that the city has no rational basis for the Ordinance. It found that "none of the legitimate government interests proffered by the City are served by this Ordinance." Friday's Orlando Sentinel reported on the decision, describing the plaintiffs as "a motley group of activists who have been feeding the homeless."

Recent Prisoner Free Exercise Cases

In Reid v. Wiley, 2008 U.S. Dist. LEXIS 73372 (D CO, Sept. 24, 2008), a Colorado federal district court rejected a magistrate judge's recommendation that an inmate's free exercise claim be dismissed because he failed to allege what religion he practices. The court said it is well known that plaintiff is in prison specifically because he committed highly publicized acts of terrorism connected with groups claiming to espouse Islam.

In Falls v. Alton City Jail, 2008 U.S. Dist. LEXIS 72869 (SD IL, Sept. 24, 2008), a federal district judge dismissed an inmate's complaint that Islamic Imams were not allowed to visit the jail for religious services, finding that plaintiff had failed to exhaust his available administrative remedies before filing suit.

In McDowell v. Heffren, 2008 U.S. Dist. LEXIS 71677 (CD IL, Sept. 22, 2008), an Illinois federal district court rejected an inmate's claims that he was disciplined for reciting a prayer, that he was fired from his prison job on the basis of religion and race, and that his religious tape was illegally confiscated.

Malaysia's High Court Upholds State Laws Prohibiting Religious Deviations

Saturday's Borneo Post reports that Malaysia's Federal Court has upheld the constitutionality of the state of Selangor's Syariah law and a similar statute enacted by the state of Terengganu. The laws prohibit a Muslim from disobeying the Sultan as head of the religion of Islam or disobeying fatwas. One of the defendants involved was Abdul Kahar Ahmad who had declared himself a prophet. Other defendants were his followers, or, in one case, a follower of the Ayah Pin sect. Defendants argued that the statutes under which they were prosecuted violate Section 11 of the Constitution that protects of the right to profess one's religion. The court held, however, that state legislatures can prohibit those who profess Islam from going against the faith's precepts.

Court Defines Funding Criteria For University of Wisconsin Student Groups

In a long-running debate over use of student activity fees to fund a Catholic student group’s activities at the University of Wisconsin- Madison, a Wisconsin federal district court has issued a declaratory judgment requiring that funding decisions be made on a viewpoint neutral case-by-case basis, instead of categorically denying funding to worship, proselytizing and activities involving sectarian religious instruction. In Roman Catholic Foundation v. Regents of the University of Wisconsin System, 2008 U.S. Dist. LEXIS 72980 (WD WI, Sept. 24, 2008), the court dissolved an earlier preliminary injunction (see prior posting) and instead merely ruled that "the University may not categorically exclude worship, proselytizing or sectarian instruction from segregated fee funding unless it does so pursuant to a rationale that is reasonable in light of the purposes of the forum and viewpoint neutral."

Under this rationale, according to the court, the University could refuse to fund worship if it determined that

activities involving little more than an assembly of students who offer praise to a person, object or idea are less valuable to the forum than an assembly of students who engage in the back-and-forth discussion of an idea. Thus, the University may decline to fund activities involving nothing more than mechanical praise, provided that it does not simultaneously fund secular activities that lack a discussion component.

Applying this standard, the court concluded that the University had failed to adequately justify specific refusals to fund activities challenged in this case.

Court Rejects Employee's Discrimination and Establishment Clause Claims

In Menes v. City University of New York Hunter College, 2008 U.S. Dist. LEXIS 73304 (SD NY, Sept. 25, 2008), a New York federal district court rejected an Establishment Clause claim and a Title VII religious discrimination in employment claim brought by Herman Menes, an accountant who works at Hunter College. Menes unsuccessfully objected to various "religious displays"—including angel figurines on a ledge in his supervisor’s cubicle, posters that were displayed around St. Patrick’s Day, Thanksgiving and Christmas, a Christmas tree and menorah that were displayed in December in the Bursar’s Office and at an office party, and a Time Magazine cover featuring the Pope that was left in obvious view of the office printer. Menes' religious discrimination claim alleged that another employee "was permitted to leave work to attend religious functions without loss of pay … while Plaintiff was reprimanded for leaving the office during work hours."

More Tax Twists To ADF's "Pulpit Initiative"

Yesterday’s New York Times and a posting by Melissa Rogers point out another legal twist in tomorrow’s Pulpit Initiative sponsored by the Alliance Defense Fund to challenge the IRS rules on political activity by churches.. (See prior posting.) Earlier this month, three former IRS officials who are now lawyers in private practice wrote to the IRS Office of Professional Responsibility (full text of letter) asking it to investigate whether ADF has violated ethical rules binding on lawyers who practice before the IRS. Treasury Department Circular No. 230 provides that lawyers may not suggest to a prospective client that they violate any federal tax law. (Sec. 10.51(7)). ADF has offered to represent churches taking part in the Pulpit Initiative. ADF has also added a disclaimer to its website to prevent its advice being considered a "marketed opinion" as defined in Circular 230. A lawyer can issue a “marketed opinion” only if the lawyer concludes that it is more likely than not that the taxpayer will prevail using the tax advice included in the opinion. (Sec. 10.35).

Army Is Sued for Forcing Christian Religious Beliefs On Personnel

Yesterday the Military Religious Freedom Foundation filed suit in Kansas federal district court, along with Army Specialist Dustin Chalker, alleging that the Army improperly requires military personnel to attend official functions and formations that include sectarian Christian prayer. According to the complaint in Chalker v. Gates, (D KS, filed 9/25/2008) (full text), Chalker is an atheist and is stationed at Fort Riley, Kansas. The complaint alleges a pattern of unconstitutional advancement of religion by the Defense Department and the U.S. Army that violates the Establishment Clause and effectively imposes a religious test as a qualification for Chalker to perform his military duties.

The Hays (KS) Daily News reports on the filing of the lawsuit. A posting at God and Country blog points out that this lawsuit is similar to one filed in 2007 by MMRF on behalf of Specialist Jeremy Hall, except the current lawsuit alleges that Chalker, sought permission not to attend the events through "his chain of command and the equal opportunity process," which did not yield "satisfactory results." In a motion to dismiss filed in the Hall case, the Defense Department argued that Hall failed to use existing internal procedures to complain about his treatment. (See prior posting.) [Thanks to Scott Mange for the lead.]

Sunday's Pulpit Initiative Will Challenge IRS Limits On Non-Profits

This Sunday is Alliance Defense Fund's "Pulpit Initiative". ADF has encouraged pastors to use the day to challenge Internal Revenue Service restrictions on churches (and other non-profits) that preclude them from endorsing or opposing political candidates. Today's Toledo Blade reports on ADF's plans. (I am among those interviewed for the article, and some of my comments on the reasons for the IRS limits are quoted.) An ADF White Paper outlines its arguments against the constitutionality of the IRS provisions, and an FAQ document describes the Initiative as "a strategic litigation plan". ADF says that participating pastors:

will deliver to their congregations sermons of their own that apply Scripture to the subject of candidates for government office. The sermons are intended to restore a pastor’s right to speak freely from his pulpit without fearing censorship or punishment by the government. By standing together and speaking with one voice, it is our hope to recapture the rightful place of pastors and churches in American life.

Some 33 pastors from 22 states will participate according to the Los Angeles Times. Participants will include Rev. Gus Booth of Warroad Community Church in Minnesota and Rev. Wiley S. Drake of First Southern Baptist Church of Buena Park, California. [CORRECTION: ADF has informed me that Drake will not be one of the participants in the Pulpit Initiative.] Americans United issued a release on Wednesday criticizing the Pulpit Initiative, calling it "a Religious Right-led effort to politicize America’s pulpits." The Interfaith Alliance has posted a video titled Pulpit Politics: The Race for Pastor-in-Chief pointing out dangers of endorsements from the pulpit. (See prior related posting.) [Updated]

9th Circuit Says Genocide Requires Specific Intent

In Abagninin v. AMVAC Chemical Corp., (9th Cir., Sept. 24, 2008), the U.S. 9th Circuit Court of Appeals dismissed a suit under the Alien Tort Statute (ATS) that had been brought by workers in the Ivory Coast against manufacturers, distributors, and users of the pesticide DBCP. ATS allows suits in U.S. courts by an alien for a tort committed in violation of the law of nations or of a treaty of the United States. The suit charged that defendants committed genocide and crimes against humanity, claiming that they knew the pesticide would cause male sterility and low sperm counts. The court held that genocide is defined under customary international law as a specific intent crime. Relying on the definition of genocide in the Convention on the Prevention and Punishment of the Crime of Genocide, the court held that genocide requires a specific intent to destroy a national, ethnic, racial or religious group. Mere awareness of the likely consequences of an action is not enough. Yesterday's San Francisco Chronicle reports on the decision.

Jewish Congress Members Criticize Kosher Meat Processor

On Monday, twelve Jewish members of Congress, all Democrats, sent a letter (full text) to the owners of Agriprocessors Inc., criticizing the large kosher meat processing firm. As summarized in a press release from New York Rep. Gary Ackerman: "The letter expresses deep concern over the company’s alleged mistreatment of its workers and animals and the violation of U.S. laws and Jewish standards." The Forward reports on the letter, summarizing the allegations against the company's Postville, Iowa plant which culminated in a federal immigration raid in May. (See prior related posting.)

After Arkansas Raid, 6 Children In State Custody, Sect Leader Arrested

As previously reported, last week federal authorities, as part of a child pornography investigation, raided the southwest Arkansas compound of the Tony Alamo Christian Ministries. Since then there have been two developments. The state took six minor girls into temporary custody. (AP, 9/22).Today and Monday, three Miller County, Arkansas circuit judges will hold probable cause hearings to determine whether the state can continue to hold the girls in temporary custody. (AP, 9/25). Meanwhile yesterday Ministries leader, 74-year old Tony Alamo, was arrested by the FBI on charges of transporting a minor across state lines with the intent to engage in sexual activity. (CNN, 9/25).

En Banc Review Sought From 10th Circuit In Las Cruces Decision

Plaintiffs yesterday filed a petition asking the U.S. 10th Circuit Court of Appeals to grant en banc review of a 3-judge panel decision in Weinbaum v. City of Las Cruces. (See prior posting.) The panel dismissed two cases challenging on Establishment Clause grounds the display of Latin crosses as a symbol of Las Cruces, New Mexico-- one involving the city's symbol and the second involving use of crosses as a logo by the Las Cruces school district. Yesterday's Las Cruces Sun-News reports that the review petition relates only to the suit against the city. Plaintiff Paul Weinbaum said that the arguments in both cases are similar.

Britain's 2012 Olympic Bathrooms Will Accommodate Muslim Religious Rules

Britain's Olympic Delivery Authority, planning for hosting of the 2012 Olympics, wants to be welcoming to people of all cultures, faiths, ages and abilities. It is taking several steps to accommodate Muslim religious practices. According to yesterday's London Telegraph, Islamic law prohibits Muslims from facing Mecca-- the direction of prayer-- when they use the toilet. Therefore, a percentage of the general toilets available to attendees will not face Mecca. In a second move, special washing facilities will be constructed next to Muslim prayer rooms. The Telegraph says that the Olympics are not the only venue in which Britain has taken account of the direction that toilets face. Last year, the government turned the toilets in Brixton prison in London after inmates complained of having to sit sideways on them in order to comply with restrictions of religious law.

Britain Plans To End Exclusion of Catholics From Monarchy

London's Guardian and AFP today report that Britain's Labour government has drawn up proposals to amend the country's 300-year ban on Catholics serving as monarch. The change, planned to be introduced after the next election, would be part of other constitutional amendments, including modifications to provisions that now favor male heirs in succession to the throne. According to the Guardian: "The 1688 Bill of Rights , the Act of Settlement in 1701 and Act of Union in 1707 - reinforced by the provisions of the Coronation Oath Act 1688 - effectively excluded Catholics or their spouses from the succession and provided for the Protestant succession.... The law also requires the monarch on accession to make before parliament a declaration rejecting Catholicism." (See prior related posting.) The changes would require consent of all the Commonwealth nations since Britain's monarch is also formally their head of state. Many experts say the changes would also lead to disestablishment of the Church of England as the country's official religious body.

Delaware Clergy Sex Abuse Case Settled

Yesterday's Chicago Tribune reported that a Navy doctor has settled a Delaware state lawsuit against the Archmere Academy and the Norbertine religious order. He received an undisclosed amount of money plus public apologies by various defendants. The suit grew out of the months of sexual abuse plaintiff as a child had suffered at the hands of Norbertine Catholic priest Edward J.Smith who was a teacher and campus minister at Archmere. The settlement came after plaintiff Cmdr. Kenneth Whitwell convinced Delaware courts of the constitutionality of the state's Child Victim Act that created a two-year window for formerly time-barred child sex abuse suits to be filed. (See prior posting.) In other litigation growing out of the abuse, Whitwell has already obtained over $41 million in damages.

Native American Tribe Wins Injunction Under RFRA Protecting Medicine Bluffs

In Comanche Nation v. United States, (WD OK, Sept. 23, 2008), an Oklahoma federal district court granted a preliminary injunction against construction by the federal government of a Training Support Center at Fort Sill, Oklahoma. The proposed construction was near Medicine Bluffs, a site of religious significance to members of the Comanche tribe. The court held that plaintiffs had demonstrated a substantial likelihood of success on their claim under the Religious Freedom and Restoration Act. It concluded that "the record is utterly devoid ... of facts tending to demonstrate that the construction of the TSC in its current location is the least restrictive means of furthering the compelling governmental interest." The court also concluded that plaintiffs had shown a substantial likelihood of success on their claim under the National Historic Preservation Act. Yesterday's Tulsa World reported on the decision. The preliminary injunction follows on a temporary restraining order issued last month. (See prior posting.)

Report: More Job Discrimination Against Muslims; Fewer Anti-Muslim Hate Crimes

The Council on American Islamic Relations yesterday issued a report titled Without Fear of Discrimination: The Status of Muslim Civil Rights in the United States 2008. CAIR's press release says that the report covers a record 2,652 incidents of anti-Muslim violence, discrimination and harassment in 2007. It shows an 18% increase in workplace discrimination against those already employed, and a 34% increase in discrimination against job applicants. Failure to accommodate Muslim workers' religious exercise rose by 8%.

Beyond the workplace, the report shows a 340% increase in passenger profiling. However anti-Muslim hate crimes decreased by 19%. Large decreases were also reported in incidents at schools or involving police, in due process complaints, physical violence, denial of service and verbal harassment. Nine states and the District of Columbia accounted for nearly 80% of all complaint with CAIR.

Virginia State Police Chaplains Protest Non-Denominational Prayer Mandate

Responding to a recent 4th Circuit decision on non-denominational prayers at government-sponsored events, Col. W. Steven Flaherty, Virginia's State Police superintendent, earlier this month ordered that the state police department's 17 volunteer chaplains deliver only non-denominational prayers at government sponsored events. Today's Hampton Road (VA) Pilot and the Lynchburg News & Advance report that six employees have resigned their chaplaincy positions in protest. Two state legislators, including House majority leader Morgan Griffith, have issued statements in support of the chaplains, said they would introduce legislation to reverse the departmental rulings,. they called the department's decision an attack on Christianity and a violation of troopers' constitutionally protected freedom of expression.

British Muslim Given Suspended Sentence In Teens' Self-Flogging Ceremony

As previously reported, last month a jury in Manchester, England's Crown Court convicted a devout Shia Muslim, Syed Mustafa Zaidi, of child cruelty after he encouraged two teenage boys to flog themselves with a 'zanjeer' (bladed whip) at a Matam ceremony. Now, according to BBC News, a judge has given Zaidi a suspended 26-week jail sentence, conditioned on his not repeating his offense during the next 12 months. At sentencing, Judge Robert Atherton told the defendant that no one should interpret the jury's verdict as a comment on the Ashura ceremony. Instead, he said, the law sometimes protects children from engaging in certain activities, even if they want to. He told Zaidi: "Your wrongful act was providing the means by which they were able to participate." Mosque elders had decided that no one under 16 should participate in the ceremony. A code of conduct for adults to prevent them from involving children in the ceremony has now been drawn up by the local Muslim community.

Alaska Federal Court Grants Soldier Conscientious Objector Status

In Barnes v. Geren, (D AK, Sept. 22, 2008), an Alaska federal district court held that the conscientious objection claim of Army Pfc. Michael Barnes should be granted. His claim was rooted in his nondenominational Christian faith, morals and beliefs developed through six months of daily prayer and scripture reading after he was in the Army. The court rejected the Army Conscientious Objector Review Board's findings that Barnes was not sincere in his claim. Today's International Herald Tribune reports on the decision. (See prior related posting.)

Tancredo Introduces "Jihad Prevention Act"

Last week, Colorado Congressman Tom Tancredo introduced H.R. 6975, the Jihad Prevention Act, which would deny visas to anyone who promotes the introduction of Sharia law into the U.S. The proposed law provides: "Any alien who fails to attest ... that the alien will not advocate installing a Sharia law system in the United States is inadmissible." The bill would also make advocating the installation of Sharia law in the U.S. a ground for revoking a visa or revoking naturalization. In his press release announcing the bill, Tancredo said he is reacting to recent developments in Britain where Sharia arbitration panels are now recognized. (See prior posting.) Today's Front Page Magazine reports on the bill.

Gitmo Defendant Grills Judge On His Religious Affiliation

At Guantanamo Bay in Cuba, Military Commission pre-trial proceedings are under way in murder charges against accused 9-11 plotter Khalid Sheikh Mohammed and four other defendants. According to a report in yesterday's London Mirror and today's Washington Post, defendants may question the impartiality of Military Commission judges. Mohammed asked Marine Col. Ralph Kohlmann, who is the Presiding Officer for this case, whether he was a member of any extremist or fanatic religious groups such as the ministries of Jerry Falwell or Pat Robertson, saying that such membership would show that the judge was not impartial. Kohlmann answered that he has not belonged to a church for a long time, and in the past was a member of various Lutheran and Episcopal churches. The judge refused to answer questions on whether he had ever read books by Billy Graham or Pat Buchanan. Another defendant, Ramzi Binalshibh, asked Kohlmann whether his last name is a Jewish name. Kohlmann said no.

Muslim Group Asks Election Commission to Investigate DVD Distribution

Last Friday, the Council on American Islamic Relations (CAIR) filed a formal complaint (full text) with the Federal Election Commission asking it to investigate whether the widespread distribution as a newspaper insert of the DVD "Obsession: Radical Islam’s War Against the West" violated federal election laws. (See prior posting.) CAIR alleged that the distribution may have violated prohibitions on federal political campaign contributions and expenditures by corporations (2 USC 441b) and on political contributions by foreign nationals. (2 USC 441e). CAIR's complaint claims that the DVD distribution was designed to benefit the presidential candidacy of Sen. John McCain.

The Clarion Fund that financed the DVD distribution is a non-profit corporation. The complaint also says that the founders and incorporators of Clarion are Israeli citizens connected with the Israeli educational group Aish HaTorah International. Yesterday, CAIR issued a press release discussing its complaint. The Guardian reported that a New York spokesman for Aish HaTorah said that Rabbi Raphael Shore, the producer of the video, was not acting for Aish HaTorah in his work on the DVD. Clarion says the DVD is issue-based, and not an attempt to promote any particular candidate.

British Court Sentences Priest Who Refused To Pay Fine On Moral Grounds

A British judge has sentenced a Catholic priest to a short prison term after the priest refused to pay a fine that was imposed on him for damage caused by his anti-war protest. Ekklesia today reports that Fr Martin Newell, a member of the London Catholic Worker, was one of three demonstrators last December who poured red paint on a military base sign after praying with a banner reading "We All Have Blood on Our Hands". The judge in the Highbury and Islington Magistrates Court told Newell that while his refusal reflected a moral position, "the law must be upheld despite belief."

Vietnam Tells Archbishop To End Catholic Land Protests

The AP reported yesterday from Vietnam that government authorities in Hanoi are threatening to take legal action against the city's Catholic Archbishop Ngo Quang Kiet unless he ends the illegal prayer vigils that are protesting government ownership of two pieces of land that previously belonged to the Church. The lands were seized by the government in the 1950's. One parcel was given to a now-privatized garment company (see prior posting), and the other-- the site of the former Vatican embassy-- is being used to construct a park and library. A letter from Hanoi's Mayor accused Kiet of instigating unrest and state television questioned Kiet's patriotism.

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.)