IRS Asked To Investigate Anti-Obama Letter From Bishop

Earlier this week, Americans United announced that it has written the Internal Revenue Services (full text of letter) asking it to investigate a letter published by Catholic Bishop Arthur J. Serratelli of Patterson, New Jersey. The letter, which AU says violates IRS rules on endorsement of candidates by non-profit organizations, is titled "A Politician’s Promise: No Right to Life! No Freedom!." It criticizes Barack Obama for his stand on abortion legislation and says: "Every vote counts. Today, either we choose to respect and protect life, especially the life of the child in the womb of the mother or we sanction the loss of our most basic freedoms." The letter was posted on the diocese website and published in its newspaper.

Venezuelan President Meets With Russian Orthodox Official

Itar-Tass reports that Venezuelan President Hugo Chavez met in Caracas yesterday with a leader of the Russian Orthodox Church, Metropolitan of Smolensk and Kaliningrad Kirill. Kirill, who was leading a delegation to Venezuela, discussed church-state relations with Chavez. Chavez stressed his adherence to Christian values and asked Kirill for a blessing. At the end of the meeting, Chavez proposed building of a Russian Orthodox temple in Caracas as a spiritual symbol of the developing relations between Russia and Venezuela.

Suit Against Oral Roberts University Settled

Today's Tulsa (OK) World reports that a lawsuit against Oral Roberts University by two former faculty members was settled this week. The lawsuit against the Christian university had alleged that the plaintiffs were wrongfully dismissed as faculty after they reported the University's use of resources in a candidate's political race for mayor in Tulsa and improper use of university funds by then-president Richard Roberts for home remodeling and for travel and other lifestyle extravagances for his wife and daughter. (See prior posting.) The terms of the settlement, reached in court-ordered mediation, are confidential.

En Banc Review Denied In Las Cruces Case

The U.S. 10th Circuit Court of Appeals yesterday rejected a petition seeking an en banc rehearing in Weinbaum v. City of Las Cruces. The Las Cruces (NM) Sun-News reports on the court's action. (See prior related posting.) In the case, a 3-judge panel dismissed an Establishment Clause challenge to the use of three Latin crosses as the symbol of the city of Las Cruces. (See prior posting.)

Bangladesh Islamist Party Changes Charter To Qualify For Registration

In Bangladesh, the Election Commission has ordered political parties to register, or else they will be disqualified from running candidates in the December 18 election that will bring Parliamentary democracy back to the country. (Registration laws.) For two years the country has been ruled by caretaker regimes. (Background). Today's Daily Star reports that the Bangladesh Jamaat-e-Islami party has made changes to its charter to qualify it to register. Its earlier charter had provided that only Allah could be accepted as the law-making authority, that party members must not swear loyalty to anyone except Allah and must refuse to obey anything that is not ordained by Allah and based on Allah's laws. The Election Commission held that these provisions unconstitutionally undermined the legislative authority given to Parliament by Bangladesh's Constitution. It is expected that between 30 and 35 parties will eventually qualify for registration, though many more have applied.

NY Diocese Gets Property of Break-Away Episcopal Parish

In Episcopal Diocese of Rochester v Harnish, (NY Ct. App., Oct. 23, 2008), New York's high court held that when All Saints parish broke away from the Episcopal Diocese of Rochester, New York, its property remained with the Diocese and the Protestant Episcopal Church of the United States of America. The Dennis Canon adopted in 1979 by the General Convention of the National Church provides that "All real and personal property held by or for the benefit of any Parish, Mission or Congregation is held in trust for this Church and the Diocese thereof in which Parish, Mission or Congregation is located." The "neutral principles" test requires the court to respect these provisions. Virtue Online reports on the decision.

Dominican Republic High Court Upholds Country's Concordat With Vatican

On Wednesday, the Supreme Court of the Dominican Republic rejected a constitutional challenge to the 1954 Concordat and Final Protocol entered between the Vatican and the Dominican State. (Constitution in Spanish.) According to Dominican Today, the court held that although under the Concordat (Art. XXII), the government agrees to teach the Catholic religion and moral education in elementary and secondary public schools, the Concordat does not ban teaching of other religions as well. The challenge was brought by Jesus is Sanctity and Eternal Life Ministry on behalf of evangelical churches. (Background). The full text of the Court's 15-2 decision is available online in Spanish.

Florida Supreme Court Rejects "False Light" Claims In Jews For Jesus Case

In Jews for Jesus, Inc. v. Rapp, (FL Sup. Ct., Oct. 23, 2008) the Florida Supreme Court closed one avenue of relief, but opened another, in the long-running lawsuit by Edith Rapp who claimed that Jews for Jesus published a false report from her missionary stepson that she had joined the organization. Answering a question certified to it by the state court of appeals, the Supreme Court held that Florida does not recognize the tort of false light invasion of privacy. However, the court went on to hold that Florida does recognize a cause of action for defamation by implication, which covers literally true statements conveyed in a way that creates a false impression. The Supreme Court also held that a communication can be considered defamatory if it "prejudices" the plaintiff in the eyes of a "substantial and respectable minority of the community." Liberty Counsel issued a release on the decision. (See prior related posting.)

Religious Education Program In Israel's Military Questioned

In Israel, questions are being raised about the expanding role of the Chief Military Rabbinate in offering educational programs for members of the Israeli Defense Forces. Haaretz reported yesterday that the IDF's Education Corps is concerned that the Rabbinate's program harms "the delicate fabric of relations between the nonreligious and religious in the IDF." An officer expressed concern about "religious brainwashing and, indirectly, also political [brainwashing]." The spread of the Rabbinate's "Jewish Awareness" offerings has been made possible by significant private contributions to the Fund for Strengthening Israel's Defense, earmarked for the rabbinate's educational activities.

Cert. Filed In City Council Sectarian Prayer Case

Last Monday, a Petition for Certiorari (full text) was filed with the U.S. Supreme Court in Turner v. City Council of the City of Fredericksburg Virginia, (Docket No. 08-518). In the case, the U.S. 4th Circuit Court of Appeals (in a decision written by Sandra Day O'Connor sitting as a Circuit judge) upheld the city council's policy that requires prayers which open its sessions to be nondenominational. (See prior posting.) The cert. petition raises free exercise, Establishment Clause, free speech and overbreadth issues, including the question of whether prayer offered by an individual city council member is "government speech". [Thanks to Rob Luther for the lead.]

Green Bay Opts For Secular Holiday Displays This Year

Last year, Green Bay Wisconsin found itself in the middle of litigation after the then-City Council president put up a nativity scene at City Hall. (See prior posting.) Yesterday, the City Council's Advisory Committee, by a 5-1 vote, passed and sent on to City Council a resolution that would require holiday displays on city-owned property this year to be non-religious in nature. Reporting on the action, yesterday's Green Bay Press Gazette said that during the Committee's discussion, members pointed out that, while not opting for that result, the city would be within its rights to put up a nativity scene so long as it is accompanied by secular symbols.

India Law Commission Urges Changes In Marriage Laws

The Law Commission of India has recently issued a report on Laws of Civil Marriages in India –A Proposal to Resolve Certain Conflicts. In India, citizens currently have a choice of marriage under their religion-specific marriage laws, or a civil marriage under the Special Marriage Act of 1954. The report suggests that the law be changed to turn the 1954 Act into a general Marriage Act that would also apply to all inter-religious marriages except those within the Hindu, Buddhist, Sikh and Jain communities. The report also suggests changes in the law so that individuals marrying under the Marriage Act can still take advantage of inheritance rules related to their religion. IndLaw News summarizes the report.

This month the Law Commission also issued another report, Laws on Registration of Marriage and Divorce – A Proposal for Consolidation and Reform, that would require registration of all marriages and divorces regardless of the religion of the parties. IndLaw News summarizes the report.

Turkey High Court's Headscarf Opinions Published

Yesterday, Turkey's Constitutional Court published in the Official Gazette the majority and dissenting opinions in its June ruling striking down constitutional amendments that would have allowed wearing Islamic headscarves on university campuses. (See prior posting.) The provision in Turkey's constitution that the country is secular and democratic is unamendable, and the court said in its earlier order that the amendments violated that principle. According to Today's Zaman,the newly-published majority opinion said in part: "Persons might feel obliged to wear a headscarf, which goes against freedom of conscience. In a state regime where the nation has sovereignty, there can be no room for divine will based on Godly orders." The dissenters wrote: "The interpretation that the amendment runs contrary to the Constitution's principle of secularism is a forced interpretation."

Jordanian Poet Charged With Insulting Islam and Quran

Today's Jordan Times and Abu Dhabi's The National earlier this week report on the controversial charges filed by Jordan's state-run Press and Publication Department (PPD) against poet Islam Samhan. The poet has been charged with insulting Islam and the Quran. Apparently the problem is that Samhan incorporated verses from the Quran into his love poetry. He is also charged with violating Jordan's Press and Publications Law because his book of poetry, whose title is variously translated as "Grace Like a Shadow" or "In A Slim Shadow", was published by an unlicensed press and a copy was not submitted to PPD in advance. The Jordanian Writers Association is particularly concerned that Samhan was charged after consultation only with religious authorities, and there was no consultation with specialists in poetry or literature. Copies of Samhan's book have already been removed from bookstores in Jordan. He faces a potential fine of up to the equivalent of $28,000 (US) and up to three years imprisonment.

Pennsylvania School District Sued Over Restrictive Flyer Policy

Yesterday Alliance Defense Fund announced the filing of a lawsuit against the Haverford Township, Pennsylvania school district challenging school policies that preclude the Good News Club from sending flyers home with students promoting their after-school religious meetings. The complaint (full text) alleges that the schools permit a wide variety of community groups to distribute informational literature to students, but exclude Good News Club flyers because of their religious nature. The suit claims that this policy violates state and federal expression and free exercise protections, as well as the federal equal protection and due process clauses.

Complaint To IRS Focuses On Unusual Political Endorsement By Church

Americans United has sent a letter (full text) to the Internal Revenue Service complaining about an unusual type of political endorsement by an Espanola, New Mexico church. As described by its press release:

Rock Christian Fellowship ... has posted two large photos on its building. One depicts an aborted fetus and has underneath it three last names of Democratic candidates: Obama, Udall and Lujan.... The other photo is of a healthy baby and has below it three last names of Republican candidates: McCain, Pearce and East..... The photo of the healthy baby is headlined "Life." Below the display are the words "YOU WILL DECIDE."

AU calls the photos a "stunt" and says that they violate tax code limitations on political involvement by 501(c)(3) non-profit organizations. The New Mexican last week carried a story on the church's challenge to the ban on political activities, accompanied by photos of the display.

Westhampton Eruv Supporters File Arguments In Response To Opposition

On Oct. 19, attorneys for the Hampton Synagogue in Westhampton Beach, New York, filed a letter with the Village Board (full text) defending the constitutionality of their proposed eruv (symbolic enclosure of space). The letter comes in response to a memo filed with the Village Board earlier this month by opponents of the eruv. (See prior posting.) The synagogue's letter says that the important constitutional issue at stake is whether the issuance by a governmental body of a ceremonial proclamation, necessary in order that the eruv be valid, is a violation of the Establishment Clause. Citing prior case law, the letter argues that the proclamation poses no Establishment Clause problem:

Whether judged under the Lemon test or the endorsement test ... there is a secular purpose-allowing observant Jews to carry and push babycarriages and wheelchairs to the park or to the homes of friends . It does not advance any particular religion since it would not impose the Jewish religion on any other residents and ... the Village has taken action to accommodate the religious beliefs of other Village residents . Finally, there will be no entanglement since no further government approvals are necessary and the eruv will be constructed and maintained with no expenditure of public funds . Similarly, under the endorsement test ..., no reasonable observer would conclude that by issuing the proclamation, the Trustees are endorsing the practices of Orthodox Jews.

The letter further argues that refusing a petition to issue a proclamation validating the eruv would be a violation of the free exercise rights of members of the Hampton Synagogue. Hamptons.com yesterday reported on the synagogue's letter to Village trustees.

Cert. Filed In Mojave Desert War Memorial Cross Case

On Oct. 10, the U.S. Solicitor General filed a petition for certiorari with the Supreme Court in Kempthorne v. Buono, (Docket No. No. 08-472). In the case, the 9th Circuit found Establishment Clause problems with Congress' transfer of the Sunrise Rock Cross in the Mojave Preserve war memorial to the Veterans of Foreign Wars. The full 9th Circuit, with 5 judges dissenting in a long opinion, denied en banc review. (See prior posting.) Today's Los Angeles Times reports on the filing of the cert. petition, indicating that the petition argues that the retired park service employee who brought the action lacked standing and, in any event, Congress cured any problem by conveying the land to the VFW, a private organization. (See prior posting.)

UPDATE: Here is the full text of the petition for certiorari, thanks to Inverse Condemnation blog.

Death Sentence For Journalism Student Reduced to 20 Years By Afghan Court

As previously reported, in January journalism student Sayad Parwez Kambaksh was sentenced to death after a 5-minute trial by an Afghanistan court. He was charged with distributing an online article to which he had added comments, critical of the Quran's view of women. Yesterday's New York Times reported than an appeals court has now reduced the student's sentence to 20 years in prison. However international journalism organizations are severely criticizing the fairness of both the trial and the appellate proceedings. Kambaksh's lawyer plans an appeal to the Supreme Court and asked Afghan President Hamid Karzai "to intervene and to not let the corruption in the judicial system violate the rights of Afghan citizens."

CNN Interviews Muslim-Americans On Upcoming Election

In a report published yesterday, CNN interviewed a number of Muslim-Americans about their views on the upcoming election. CNN says that Muslim-Americans "are more interested than ever before in the political process, in part because their religion has been reduced to a talking point in the presidential campaign." This report followed on Sunday's remarks by former Secretary of State Colin Powell criticizing Republican attempts to paint Barack Obama as a Muslim, but adding:"What if he is? Is there something wrong with being a Muslim in this country? No, that's not America. Is there something wrong with some 7-year-old Muslim kid believing that he or she can be president?"

Court Says Loyalist Members of Episcopal Parish Are Proper Board of Governors

New v. Kroeger, (CA Ct. App., Oct. 21, 2008) is an action brought by the members of San Diego, California's St. John’s Parish who remained loyal to the Episcopal Church after a majority of parish members broke away and affiliated with the more conservative Anglican Church in Africa. Plaintiffs sought a declaration that the governing board they elected is the proper board of directors of the Parish. After the break-off, they, as remaining remaining members, elected a new governing board, but the break-away board refused to relinquish their seats or control of parish assets. The Court of Appeals, reversing the trial court, held that the break-away members lacked authority to amend the Parish corporation's governing documents to make it part of the Anglican church. By taking the action they did, defendants were no longer part of the Episcopal Church and could not be the lawful directors. The court then concluded that, applying neutral rules, it must give deference to the San Diego Diocese's determination as to who constituted the true members of St. John's Parish. Today's Los Angeles Metropolitan News-Enterprise reported on the decision. [Thanks to Robert H. Thomas for the lead.]

Iowa Christian Group Wants Information On Judges' Worldview

The Cedar Rapids (IA) Gazette reports today that the Iowa Christian Coalition is urging the public to vote "No" on retention of all judges who are up for a retention vote in November under Iowa's merit-based selection system. An article by ICC lobbyist Norm Pawlewski objects that none of the voters guides on judges reveal a judge's political views or worldview-- especially on issues such as abortion or gay rights. He concludes: "Considering that the Iowa Bar and the Iowa Trial Lawyers Association are the source of most of the judges now on the bench, and that both of those organizations are considered by most Christians to be less than supportive of a biblical worldview and would hardly put forward for appointment an openly Christian conservative lawyer, guess what worldview dominates Iowa’s Judiciary?"

Taliban In Afghanistan Kill Aid Worker, Charging Christian Proselytizing

The AP reports that the murder of a Christian aid worker in Afghanistan today was carried out on orders of the Taliban who objected to her engaging in proselytizing activity. Gayle Williams, 34 years old and a dual citizen of Britain and South Africa was gunned down by assailants on a motorbike as she walked to work. Taliban spokesman Zabiullah Mujahid told the AP: "This woman came to Afghanistan to teach Christianity to the people of Afghanistan. Our (leaders) issued a decree to kill this woman." A spokeswoman for the aid group SERVE denied that Williams, who worked with handicapped Afghans, was engaged in proselytizing.

Rector's Suit Against Bishop Opens In Pennsylvania Today

Today's Philadelphia Inquirer reports on an unusual trial that begins today in a Pennsylvania state trial court. Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA), is suing Episcopal Bishop Charles E. Bennison Jr. for fraud and deception allegedly used to remove Moyer as a priest six years ago. Moyer is a conservative, opposed to same-sex marriage and ordination of gays and women. Moyer and several other conservative rectors barred the liberal Bishop Bennison from preaching or administering sacraments in their parishes, arguing that Bennison's views on homosexuality were unbiblical and close to heresy. In response, Bennison "inhibited" Moyer, and in 2002 removed him, and denied him a church trial on the removal saying that Moyer had "broken communion" with the Episcopal Church by accepting (and then refusing) appointment as a bishop in the conservative Anglican Church in America. While civil courts usually refuse to adjudicate these kinds of internal church determinations, Common Pleas Court Judge Thomas Branca held otherwise last year after Moyer argued that he lacked other remedies since he had been improperly denied a church trial.

Meanwhile Bennison himself is facing possible removal on charges that 30 years ago he failed to take action and concealed information when his older brother John--then a youth minister-- sexually abused a teenage girl in his parish. [Thanks to James Maule via Religionlaw for the lead.]

UPDATE: As the trial reached its third day on Wednesday, Bennison's lawyers asked the court to dismiss the case on First Amendment grounds. Judge Joseph Smyth who is presiding at trial said that perhaps the case does not belong in civil court, but decided that he should honor the rulings to the contrary by Judge Thomas Branca and complete the trial. According to the Philadelphia Inquirer, Smyth said he anticipated important appellate issues would be raised.

Muslim Lawsuits Speed Up Processing of Citizenship Applications

In response to class action lawsuits filed by Muslims in several states, federal authorities began in May to reduce a nationwide backlog of citizenship applications that have been delayed because of required name checks and background checks. Today's Arlington Heights (IL) Daily Herald reports that the U.S. Citizenship and Immigration Services and the FBI have reduced the backlog from 82,000 to 10,000 cases, and hopes by November to process any name checks that have been pending for more than one year. Groups such as CAIR say that that regulations on name and background checks have unfairly targeted Muslim immigrants, and that officials spend too much time investigating applicants' connections with Muslim organizations. Federal officials deny this, saying that the problem is multiple spellings of foreign names and a large increase in citizenship applications in 2007 ahead of new fee increases. The FBI is building a new high-tech records facility that it hopes will prevent future processing delays. (See prior related posting.)

British and Moroccan Agencies Impose Religious Tests On Adoptive Parents

Last Saturday's Times of London reports on the religious demands made upon Robert and Jo Garofalo, a British couple who adopted a Moroccan child in 2006 and later attempted to adopt a second child from the same orphanage. At the time of the first adoption, apparently as required by Moroccan authorities, the couple converted to Islam. When the couple approached their local social services agency in Surrey to obtain permission to adopt a second child, British social workers-- in conducting an initial assessment-- raised questions as to whether the parents doing enough to nurture their first child's Muslim heritage. The social service report stated that in the Garofalo's home, "there is no outward sign that this is a Muslim family." The Garofalo's think that social workers should not be judging their commitment to Islam. Because of objections to various aspects of the required re-assessment by British social services, the Garofalo's have given up on adopting a second child.

Recent Articles and Books of Interest

From SSRN:

• Saadiah Mohamad, Islamic Hedging: Gambling or Risk Management?, (August 27, 2008).
• Penelope Andrews, Who's Afraid of Polygamy? Exploring the Boundaries of Family, Equality and Custom in South Africa, (Utah Law Review, 2009).
• Joseph Vining, Is There an Implicit Theology in the Practice of Ordinary Law?, (Mercer Law Review Vol. 53, No. 3, Oct. 2008).
• Kenneth L. Marcus, Privileging and Protecting Schoolhouse Religion, (Journal of Law and Education, 2008).
• Rod Dixon, Pledging to God While Getting a Public Education: Why a Wall of Separation Divides Ceremonial Celebration from Religious Indoctrination: Elk Grove Unified School District V. Newdow and the Right of Parental Privacy, (October 13, 2008).
• Ann Piccard, Faith-Based and Community Initiatives: Unconstitutional Delegations of Executive Power, (Oct. 13, 2008).

From SmartCILP:

• Steven Wilf, The Ten Commandments Cases: A View from Within, (40 Connecticut Law Review 1329-1345, 2008).
• 25th Anniversary Issue. Islamic Law in a Globalized World: Implications for Contemporary Finance Law. Introduction by Faiza Soniya Yunus; articles by Mahmoud A. El-Gamal, Scheherazade S. Rehman, Mohammad H. Fadel, Michael J. T. McMillen, Hikmahanto Juwana, Yeni Salma Barlinti, Yetty Komalasari Dewi and Walid Hegazy. (25 Wisconsin International Law Journal 605-835 (2008)).
  

Recent Books:

• Mark A. Noll, God and Race in American Politics: A Short History, (Princeton Univ. Press, 2008), reviewed in the Chronicle of Higher Education.
• Michael Bachelard, Behind the Exclusive Brethren, (Scribe Publications, Oct. 2008), reviewed by GayNZ.com.

Times Reports On China's Increasing Restrictions On Muslim Uighurs

A front page story in today's New York Times reports on the "intricate series of laws and regulations intended to control the spread and practice of Islam" imposed by China on Uighurs in the autonomous region of Xinjiang:

Official versions of the Koran are the only legal ones. Imams may not teach the Koran in private, and studying Arabic is allowed only at special government schools.... Students and government workers are compelled to eat during Ramadan, and the passports of Uighurs have been confiscated across Xinjiang to force them to join government-run hajj tours rather than travel illegally to Mecca on their own. Government workers are not permitted to practice Islam, which means the slightest sign of devotion, a head scarf on a woman, for example, could lead to a firing.

The government justifies the particularly strict regulation as an attempt to prevent destabilization of the region by forces of separatism, terrorism and religious extremism. Other media have previously published similar reports. (See prior posting.)

Michigan Court Upholds Social Security Number Requirement For Drivers License

In Champion v. Secretary of State, (MI Ct. App., Oct. 16, 2008), the Michigan Court of Appeals rejected claims under the free exercise and equal protection clauses of the Michigan constitution and required that a religious objector furnish his social security number in order to obtain a drivers license. Plaintiff, while he has a social security number, believes that they are a precursor to the mark of the beast described in the Book of Revelation. The social security number requirement was enacted by Michigan under provisions of the federal Child Support and Establishment of Paternity Act (CSEPA). While Michigan applies the "compelling interest" test to state free exercise claims, the court concluded that the state has a compelling interest in enforcing child support payments. Also, in the court's view, No less restrictive means are available to achieve that compelling interest.

In an interesting footnote, however ,the court rejected the state's alternative argument that it has a compelling interest in obtaining the federal funding that is available only if it complies with CSEPA. The court said: "It would indeed be troubling to conclude that Michigan can, without state constitutional ramifications, effectively burden a citizen's free exercise of religion, or any constitutional right, if sufficient monies are thrown in its direction by the federal government."

Recent Prisoner Free Exercise Cases

In Smith v. Kyler, (3d Cir., Oct. 9, 2008), the U.S. 3rd Circuit Court of Appeals upheld the policy of the Pennsylvania Department of Corrections to provide chaplains only for the largest major faith groups and to prohibit group worship by others unless a volunteer faith group leader could be found. The court rejected free exercise, equal protection and RLUIPA challenges brought by a Rastafarian prisoner who wished to attend weekly services.

In Vann v. Hernandez, 2008 U.S. Dist. LEXIS 80272 (ED CA, Oct. 6, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed with his claims that correctional officers used excessive force against him and trashed his cell at least in part because he is Jewish, and that they retaliated against him based on his religion. However the court found no allegations supporting a free exercise claim.

In Torres v. Snyder, 2008 U.S. Dist. LEXIS 80749 (ED CA, Sept. 23, 2008), a California federal magistrate judge dismissed for lack of supporting factual allegations a free exercise claim brought by a prisoner who complained that correctional staff refused to believe that he is white.

In Moro v. Winsor, 2008 U.S. Dist. LEXIS 71705 (SD IL, Sept. 22, 2008), an Illinois federal district court accepted in part and rejected in part a magistrate's recommendations (2008 U.S. Dist. LEXIS 82525, Aug. 5, 2008) in a case brought by a Gnostic Catholic prisoner. Plaintiff alleged delays in receiving religious materials, denial of the opportunity to gather in the chapel or on religious feast days, and prohibition of certain religious items, as well as other violations. The court found that issues of fact remain for determination in plaintiff's free exercise and RLUIPA claims against certain of the defendants, and that some claims for injunctive relief are not moot even though he has been moved to a different facility.

Complaints Aired Over Ban on Teachers At "See You At the Pole"

The Carlisle (PA) Sentinel reported that at last Thursday's meeting of the Carlisle Area School Board, a group of parents and teachers attended to complain about the Board's decision to bar teachers from attending September's student-initiated "See You At the Pole" prayer event. District Solicitor Jim Flower has said the decision was based on a recent Third Circuit ruling involving New Jersey football coach Marcus Borden praying with his student team members.

Alabama School Board Seeks To Fend Off Litigious Preacher

In Bay Minette, Alabama, the Baldwin County (AL) School Board has filed a lawsuit in state court asking the court "for guidance in hopes of preventing prolonged legal expense to the taxpayers." The problem is repeated litigation by Christian preacher Orlando Bethel and his wife Glynis-- including a new suit seeking $5 million in damages for refusing to permit a Christian after-school program on teenage pregnancy, juvenile delinquency and sexual abstinence. Since 2005, the Bethels have filed more than a dozen lawsuits against various governmental units in Alabama. According to today's Birmingham Press-Register, the Baldwin school board has already incurred over $30,000 in legal fees in two of those suits. The Bethels are currently under a restraining order prohibiting them from coming within 200 feet of Loxley Elementary School, Baldwin students and board employees during school hours and functions. Apparently they have disrupted school activities and frightened students.

California's Proposition 8 Pushed By Religious Groups, Especially Mormons

California's Proposition 8 on the ballot in November aims to overturn the California Supreme Court's recognition of same-sex marriage. (See prior posting.) Yesterday's News Blaze carries a long article about the involvement of religious organizations-- and particularly the Mormon Church-- in support of Proposition 8. Calls are being made into California by out-of-state Mormons, such as a group in Rexburg, Idaho. LDS volunteers are also going door-to-door in support in California. The article goes on to report on funding for the Proposition 8 campaign:

Proposition 8 has exploded into the most expensive, extensive gay-marriage battle ever. The forces pushing it include all the Mormons who've made individual campaign donations totaling more than $9 million (more than 40 percent of the war chest...). Conservative Catholics, including the Knights of Columbus, have kicked in more than $1 million. Other notable backers include Dobson's Focus on the Family (about $500,000), a wealthy board member of that group ($450,000), an Orthodox Jewish group based in New York City, evangelical groups from all over, miscellaneous Baptists and Muslims and Sikhs, the National Organization for Marriage (about $950,000), the American Family Association ($500,000), a couple of right-wing foundations ($1.5 million), and countless Republicans who don't necessarily belong to any of the other groups.

Louisiana Governor Criticized For State Travel To Worship In Various Churches

Yesterday, Americans United issued a release strongly criticizing Louisiana Governor Bobby Jindal for traveling in State Police helicopters a dozen times to worship in churches in northern Louisiana. A long article last week in the Advocate discloses that Jindal ran up extensive costs for the state by using the helicopters for various kinds of trips, including those that involved worshiping in churches around the state. Those church visits, largely unadvertised, are coupled with visits to local officials. At one church, Jindal spoke, sharing a message of Christian faith with the congregation.

Justice Department 2007 Memo Says RFRA Trumps Non-Discrimination Law

Yesterday’s New York Times reported on a 25-page memorandum (full text) written in 2007, but released only last week, by the Justice Department’s Office of Legal Counsel (OLC). The memo concludes that the Religious Freedom Restoration Act (RFRA) trumps the religious anti-discrimination provisions of the Juvenile Justice and Delinquency Prevention Act (JJDPA). The memo concludes that a Christian organization, World Vision, could receive a federal grant to support its Vision Youth Program (which is directed toward "at-risk youth") even though the organization hires only Christian staff. The program serves youth regardless of religious affiliation.

In the memo, OLC concluded that requiring World Vision to comply with the JJDPA nondiscrimination provision would substantially burden its religious exercise, and enforcing the religious nondiscrimination provision would not further a compelling governmental interest. Some civil rights groups took strong exception to the newly released memo. ACLU senior legislative counsel Christopher E. Anders called it "the church-state equivalent of the torture memos."

Vietnam Official Wants Hanoi Archbishop Ousted

Viet Catholic News Agency reports today that local government officials in Vietnam are attempting to force the Catholic Church to oust Archbishop Joseph Ngo Quang Kiet, Archbishop of Hanoi. Nguyen The Thao, Chairman of the People’s Committee of Hanoi (a position similar to mayor) told a group of diplomats earlier this week that the present Archbishop "has neither reputation nor creditability with the city's citizens, including Catholic faithful." State-controlled media echoed the call for the Archbishop’s removal. According to Catholic media, Catholics in Hanoi and elsewhere, however, have held large prayer vigils in support of the Archbishop.

Vatican Issues Commentary on Religion and Government

The news agency Zenit today published "Profile of a Catholic Politician", a Gospel commentary for tomorrow by Father Raniero Cantalamessa, the Pontifical Household preacher. It focuses on a famous line from tomorrow's prescribed readings: "Give to Caesar what is Caesar's, and to God what is God's." The commentary reads in part:

[This] means: "Give to Caesar what God himself wants to be given to Caesar." ... We are not divided between two loyalties; we are not forced to serve "two masters." The Christian is free to obey the state, but he is also free to resist the state when it goes against God and his law.... [Y]ou must first obey God and your own conscience....

Paying appropriately levied taxes is for the Christian ... a duty of justice and therefore an obligation of conscience.... The "Catechism of the Catholic Church" reminds us that tax evasion, when it reaches certain proportions, is a mortal sin.... It is stealing ... from the community, that is, from everyone. Naturally, this supposes that the state is just and equitable in imposing taxes.

Christian cooperation in building a just and peaceful society does not stop at paying taxes; it must also extend itself to the promotion of common values such as the family, the defense of life, solidarity with the poor, peace. There is also another sphere in which Christians must make a contribution to politics.... Christians must help to remove the poison from the climate of contentiousness in politics, bring back greater respect, composure and dignity to relationships between parties....

7th Circuit Limits Taxpayer Standing In Suit Seeking Restitution From Notre Dame

The U.S. 7th Circuit Court of Appeals in Laskowski v. Spellings, (7th Cir., Oct. 14, 2008) held that federal taxpayers lack standing to sue a private recipient of a federal grant for restitution to the Treasury as a remedy in an otherwise moot Establishment Clause case. The case involved a $500,000 Congressional earmark for Notre Dame University to use to operate a teacher training program. While the suit was pending, the grant expired. This mooted the claim for an injunction against the Secretary of Education. Originally in a 2-1 decision, the 7th Circuit permitted the claim for restitution against Notre Dame to proceed. However, the U.S. Supreme Court granted certiorari and remanded the case for reconsideration in light of its Hein decision. The 7th Circuit now concludes that after Hein, "taxpayers continue to have standing to sue for injunctive relief against specific congressional appropriations alleged to violate the Establishment Clause, but that is all." [Thanks to Derek L. Gaubatz for the lead.]

Philippines House Passes Bill To Ban Religious Labels In Reporting On Criminal Suspects

A press release from the Philippines' House of Representatives reports that it has approved a proposed bill to ban newspapers, broadcast and electronic media from labelling criminal suspects (or persons convicted of crimes) as "Muslim" or "Christian", or to use any other word denoting religious, regional or ethnic affiliation in reporting on them. Violations will lead to a fine imposed on the editor-in-chief in print media, or on the news editor in broadcast or electronic mass media. Sponsors of the bill say that religious or ethnic labels create sweeping generalizations about other innocent members of the group. The bill was sponsored by the House Committee on Muslim Affairs. House Bill 100 now goes to the Philippines Senate for action.

Groups Criticize Kyrgyzstan's Proposed Religion Law

Forum 18 reported yesterday that Kyrgyzstan's Parliament last week passed without discussion the first reading of a new Religion Law. The second and final reading may be later this month. News Agency 24.kg reported yesterday that Alexander Shumilin chairman of Kyrgyzstan's Council of Churches of Evangelical Baptist Christians, has strongly criticized the proposed new law. He says that because only 5% of current religious organizations will meet the requirement that they have at least 200 adult members with permanent residence in order to register, many groups will go into hiding and this will make it more difficult for the government to control them.

The proposed law will also ban the free distribution of religious literature. Parliamentary Deputy Zainidin Kurmanov, one of the law's authors, said: "It is very unpleasant when you are on the street when someone comes up to you and forces on you their ideas on their religion." He also said that extremist literature is being distributed as religious tracts.

Policy Change On Gay Pride Parade Results In Injunction Denial For Firefighters

Last week, a San Diego (CA) Superior Court judge refused to grant an injunction sought by four Catholic firefighters who objected to being required to participate in the local Gay Pride Parade. The complaint alleged that forced participation violated the firefighters' free speech rights. Developments in the case were reported in yesterday's Gay & Lesbian Times. The court said that an injunction goes to future action, and is not a punishment for past conduct. Future problems are unlikely because the city has changed its policy so that now no firefighter who is unwilling to do so will be required to participate in the Pride parade. Earlier this month, the jury deadlocked in a civil damage action by the firefighters claiming sexual harassment when they were required to operate a fire truck in the 2007 parade. A retrial on that claim is set for January.

Virginia Break-Away Anglican Congregations Score Another Victory

The Washington Times reports that on Tuesday, a Fairfax County, Virginia, trial court judge issued yet another ruling in favor of one of the local congregations that has broken away from the Episcopal Church in order to affiliate with the newly-created more conservative Anglican District of Virginia. Judge Randy I. Bellows decided that a contested parcel of land belongs to the Truro Church in Fairfax. He ruled that a 2007 conveyance of the property to Truro Church by Christ the Redeemer Church in Centreville was valid. This means that under Virginia's "Division Statute", this property, like other property of the congregation, will belong to it, and not to the church's former parent body, the Episcopal Church.

This ruling follows another important one made on September 26 in which Judge Bellows rejected challenges by the Episcopal Church to the validity of the votes authorizing eleven conservative congregations to break away from the Episcopal Church. The court now must still decide on the ownership of a handful of additional properties, including whether a 276-year-old church once attended by George Washington belongs to the Christ Episcopal Church in Alexandria. (See prior related posting.)

Texas Atheist Group Releases Voters Guide

In a press release issued on Wednesday, the Atheist Community of Austin announced release of the ACA 2008 Voters' Guide featuring responses from 50 candidates in various elections in the state of Texas. The survey was sent to 482 candidates for federal and state offices that are on the ballot in Texas this November. According to the release: "The survey focuses on the Constitutional separation of church and state, freedom of conscience, rational decision making, science advocacy, equality, and other important issues that conventional sources often do not satisfactorily address." ACA's website has links to additional information about the survey. ACA says the survey is needed because: "Non-religious/secular individuals are estimated to represent more than 14% of the population of the United States; yet candidates often ignore or openly dismiss the interests and concerns of this group in order to court religious voters--a political move that fails to address the diversity of opinion held by religious individuals who aren't a part of the more vocal religious demographics."

Court Dismisses Church's Challenge To Closure Ordered By Synod

In Evangelical Lutheran Church of the Redeemer v. Southeastern Pennsylvania Synod of the Evangelical Lutheran Church In America, (Phil. Ct. Com Pl., Sept. 22, 2008), a Philadelphia County, Pennsylvania trial court dismissed for lack of subject matter jurisdiction a church's challenge to action taken by its parent body to close down the congregation. Because of diminished attendance and financial problems in the congregation, the Synod invoked provisions of its constitution to take control of the church's property, allegedly worth $1.5 million, prevented the congregation from hiring a new pastor, and closed the congregation. The court held that it could not adjudicate the church's breach of contract claim against the Synod. This was not a dispute that can be decided using neutral principles of civil law. Instead it is "intimately linked to defendant's internal criteria." The court concluded that the free exercise clause requires it to defer to decisions made by the church hierarchy in this type of challenge to matters of internal governance.

Texas Appoints 3 Anti-Evolutionists To Curriculum Review Panel

Yesterday's Dallas News reports that conservatives on the Texas State Board of Education have appointed three supporters of teaching intelligent design or creationism to a six-member review committee for science curriculum standards in Texas schools. Two of the appointees, Stephen Meyer and Ralph Seelke, have authored the textbook Explore Evolution, distributed by the Discovery Institute. The third evolution critic is Baylor University Professor Charles Garner. The three other appointees to the review committee are professors at Texas universities. Texas Freedom Network yesterday issued a release quoting TFN president Kathy Miller who said in part:

It's simply stunning that any state board members would even consider appointing authors of an anti-evolution textbook to a panel of scientists.... Texas universities boast some of the leading scientists in the world.... It’s appalling that some state board members turned to out-of-state ideologues to decide whether Texas kids get a 21st-century science education.

[Thanks to Scott Mange for the lead.]

Consent Decrees In Two Christian Free Speech Cases

The Alliance Defense Fund this week announced settlements in two pending cases. In Swagler v. Harford County, Maryland, (D MD, Oct. 10, 2008), the court issued a consent order in lieu of a preliminary injunction. In it the county agrees not to enforce Harford County Code § 219 in a manner that prohibits the display of hand-held signs in a traditional public forum without a permit. In its release on the case, ADF said that the case stems from the arrest, and later dropping of charges, against 18 participants in Defend Life's "Face the Truth Pro-life Tour." Apparently the decree applies while the case is being further litigated on the merits.

ADF has also announced a consent decree in a second case, Foht v. Village of Kewaskum, (ED WI, Oct. 14, 2008). Plaintiff, who was placing Christian literature on the door handles of residences was threatened with fines under a village ordinance banning various kinds of literature distribution. Subsequently the Village repealed the ordinance. In the consent order, the court found that the prior ordinance was facially unconstitutional, but dismissed the lawsuit without prejudice. The Village agreed to pay nominal damages and plaintiff''s attorneys fees.

Saudi Resigns From Municipal Council In Protst Over Eid Festivities

In Saudi Arabia, Abdullah Al-Suwailim, a member of the Riyadh Municipal Council, has resigned in protest over violations of Islamic law that occurred during the city's Eid Al-Fitr celebration this year. Today's Arab News reports that instead of concrete barriers separating families from single men, the two sections were merely separated by 30 meters of open space. Also non-Muslims entertained at the event and live music was played in one of the theatrical productions. Ibrahim Al-Khudairi, a judge in the Court of Appeals, said that "nothing in the content of (Riyadh's) Eid program is against Islamic teachings." The Eid festival is seen by the government as a way of promoting tourism.

Fair Use Claim Filed In Dispute Over Anti-Muslim Remarks on YouTube

According to the Los Angeles Metropolitan News-Enterprise, last Friday documentary film maker Robert Greenwald's company, Brave New Films (BNF), filed a federal lawsuit against talk radio host Michael Savage and Talk Radio Network (TRN) that syndicates Savage's show. Last January, BNF uploaded to its channel on YouTube a video titled "Michael Savage Hates Muslims." The video criticized Savage, and included one minute of audio excerpts from a Savage broadcast in which Savage denigrates Muslims. TRN sent a "takedown notice" to YouTube, demanding removal of the video, claiming it infringed its copyright. This lawsuit, filed in response in the Northern District of California, seeks a declaration that the video made fair use of the copyrighted material. It also seeks damages for misrepresentations TRN made in the takedown notice. It cites as a basis for its claim an earlier fair use ruling in a lawsuit by Savage against CAIR for using audio clips from the same broadcast.

Army Base Jewish Lay Leader Criticized For Reaction To Anti-Semitic Incident

As previously reported, at Ft. Benning, Georgia, Army Private Michael Handman was subjected to anti-Semitic taunts and forced by his drill sergeants to remove his kippah (head covering). Subsequently Handman was assaulted by a fellow-soldier, though investigators concluded that this attack was not motivated by anti-Semitism. (See prior postings 1, 2.) On Monday, The Public Record reported that now some members of the Jewish community are calling for removal of retired Navy Captain Neil Block, the Jewish Lay Leader and advocate for Jewish soldiers at Fort Benning because of his remarks about the incidents. Block said of Handman: "When he told me that he was going to wear a keepah ... I said God bless you, but be prepared, there’s a consequence to it and you’re going to be challenged." Block went on:

He has a drill sergeant who has never seen a keepah in his life and treated him less than mommy and daddy would and made some derogatory comments about his faith. This whole thing is an issue of overreaction. Should his drill sergeants have known better? Yeah. But they didn’t. I was at a party where people talking about Jewing somebody down. It goes on. Does it make it right? No. But it’s basic training. You can’t control 100 or so soldiers. I mean everybody uses the “n” word now and then” to refer to African Americans....

Any young Jew who uses his minority status to play the system is villainous. There’s that element that I am being discriminated against.

Block also interviewed the drill sergeants who were reprimanded for referring to Handman as "Juden," "kike" and "fucking Jew." Block said: "these are two absolutely contrite individuals who did not understand what they were saying. One of the drill sergeants spent time in Germany. Juden is the German word for Jew. To some Jews it may have a pejorative impact. But it’s a legitimate word in German."

Indian Government Claims Ram's Bridge Not Essential To Hindu Beliefs

For some time there has been a case pending in India's Supreme Court challenging the government’s plans to dredge a shipping canal between India and Sri Lanka in order to reduce sailing time between India’s coasts by 30 hours. However, the channel goes through limestone shoals known as Adam’s Bridge or Ram's Bridge that Hindus believe were built by the God King Rama. (See prior posting.) On Monday, according to IANS, the government filed its written arguments with the court, and those arguments are controversial. The government contends that it has not been proven that the Ram Setu bridge in the Palk Strait between India and Sri Lanka is an "essential and integral part of Hindu religion." It went on to argue: "A religious belief or practice which is not an essential and integral part of the religion is not protected by Article 25 or 26 of the constitution."

Meanwhile, however, complying with an earlier suggestion by the court, the government has appointed a special committee to examine whether it would be possible to create an alternative and shorter sea route around India’s southern tip, and in that way avoid damage to the Rama Setu.

Suit Seeks To Have Ex-Gays Protected By DC Human Rights Act

The group Parents and Friends of Ex-Gays & Gays (PFOX) announced yesterday that it had filed a lawsuit in the D.C. Superior Court seeking to require the Washington D.C. Office of Human Rights to include former homosexuals as a group that is protected by the D.C. Human Rights Act. The law prohibits discrimination based on sexual orientation, sexual preference, gender identity and gender expression. PFOX claims that former homosexuals and their friends have been fired from their jobs, ridiculed, assaulted, and intimidated, and thus should be entitled to the same legal protections as gays.

Edmond Oklahoma Raises Concerns With Proposed Expenditure For Statue of Jesus

According to the AP, the Edmond Oklahoma Visual Arts Commission has approved spending $3900 in public funds to help pay for a bronze statue of Jesus to be placed downtown for Christmas. The statue, titled "Come Unto Me" (photo), will be put up in front of the Sacred Heart Catholic Gifts shop. Last year, the Arts Commission initially approved, and after public objections withdrew, a proposed expenditure of $17,500 on statue of Moses to be placed at Edmond's First Christian Church. Americans United today issued a release objecting to the proposed expenditure, and disputing the artist's argument that the sculpture "doesn't state that it is specifically Jesus. It is whatever you perceive it to be." Blog from the Capitol also covers the story.

State Senator's Suit Against God Dismissed For Lack of Service

Last year, Nebraska state senator Ernie Chambers filed a lawsuit in a Douglas County, Nebraska state court naming God as defendant and seeking an injunction against God to end His causing, death destruction and terror through various natural disasters. (See prior posting.) Chambers has variously explained the action as a protest against frivolous lawsuits or an attempt to show that everyone should have access to the courts. Yesterday, according to the Associated Press, Douglas County District Court Judge Marlon Polk dismissed the case, ruling that "there can never be service effectuated on the named defendant this action." Chambers says he disagrees with the decision. He argues: "The court itself acknowledges the existence of God. A consequence of that acknowledgment is a recognition of God's omniscience. Since God knows everything, God has notice of this lawsuit." Chambers has not decided yet whether to appeal.

Cert. Filed In Coach's Attempt to Pray With His Team

According to My Central Jersey.com, on Monday, a petition for certiorari was filed with the U.S. Supreme Court in Borden v. School District of the Township of East Brusnwick. In the case, the 3rd Circuit last April upheld a school district rule that prevented high school football coach Marcus Borden from joining with his team in its pre-meal grace and taking a knee during a prayer in the locker-room by team members. The court found that given the specific history of Borden's activities, his joining with the team could reasonably be interpreted as an endorsement of religion by him. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

UPDATE: Here is the Petition for Cert and the amicus brief in support of the petition filed by the American Football Coaches Association.

Tax Lien Sale For Synagogue's Back Taxes Will Be Tomorrow On Sukkot

In Ocean Township, New Jersey tomorrow-- which is the Jewish holiday of Sukkot-- a tax sale will be held at town hall to auction off liens on properties that are delinquent in their taxes. Included will be a tax lien on the the Synagogue of Oakhurst Community Center. APP.com reported the complicated story last week. The Orthodox synagogue owes the township over $36,000 in taxes. They were assessed because, for years, the synagogue, operating in an area not zoned for houses of worship, pretended to be a child care center. Since 2003 when the improper use was discovered by authorities, numerous zoning complaints have been issued against the synagogue. Currently the synagogue is in litigation over whether it will be granted a property tax exemption.

British Ministry Report Promotes Faith-Based Partnerships In Corrections

Today Britain's Ministry of Justice released a report titled Working With the Third Sector to Reduce Reoffending: Securing Effective Partnerships 2008-2011. Here is an excerpt:

3.3 Faith-based organisations make up a substantial part of the third sector, with a long history of working with offenders in prisons, through the gate, and in the community. This includes work that is non-faith-based; access to spiritual care and support for offenders who are of faith; and support for offenders returning to communities where faith is a strong part of the fabric of that community and where faith organisations can help build trust and acceptance and support effective reintegration.

Faith-based organisations can offer an invaluable link into communities, including to those who are not part of other networks or accessing mainstream services and support. Because religion occupies a central place in the culture and identity of many minority ethnic and refugee communities, faith-based organisations can be the principal gateway and source of support to these communities....

In response to the report, the British Humanist Association issued a statement expressing "extreme disappointment at the Government’s plans to further increase and promote 'faith' in the management of offenders, both in prisons and in the community."

Forced Conversions To Hinduism Reported In India's Orissa State

Today's New York Times carries a front-page story on the continuing religious tension and violence in the Kandhamal district of India's Orissa state. Old tribal rivalries underlie the violence. The Kandhas, who are largely Hindu, accuse the Panas, who have embraced Christianity, of cheating to obtain quotas for government jobs, while the Panas say the Kandhas are just resentful of the Panas' success at educating themselves. Violence was triggered by the August killing of charismatic Hindu preacher, Swami Laxmanananda Saraswati. The killers were probably Maoist guerrillas, but radical Hindus blame Christians. Since then, a number of Christians have been forced to embrace Hinduism, under threat of expulsion or death. Subash Chauhan, a leader of the radical Hindu group, Bajrang Dal, accused Christian missionaries of using promises of education and social services to get villagers to convert. He said it was unrealistic to expect the Kandhas to tolerate the Panas living among them as followers of Jesus. (See prior related posting.)

Suit Claims College Students Disciplined for Praying

The Pacific Justice Institute announced last week that it had filed a federal lawsuit against the College of Alameda, part of the California state system. The lawsuit claims that two students, Kandy Kyriacou and Ojoma Omaga, received disciplinary letters threatening to suspend them for "disruptive or insulting behavior, willful disobedience . . . persistent abuse of college employees." The suit claims that the disciplinary action stems from an incident last December in which Kyriacou visited an instructor in her office to give her a Christmas present, and found that the instructor was feeling ill. Kyriacou offered to pray for her. The instructor bowed her head, and the student began to pray when another faculty member, Derek Piazza, came in and told her she could not pray there. Kyriacou left and joined her friend, now co-plaintiff, Omaga, followed by Piazza who repeated his warnings to Kyriacou. The lawsuit asks that the disciplinary letters be rescinded.

Opposition To Westhampton Beach NY Eruv Continues From Community

The battle over whether the Westhampton Beach (NY) Village Board should approve a synagogue's construction of an eruv (symbolic religious enclosure) around part of the village continues. (See prior posting.) The Southampton Press reports that yesterday more than 100 people attended a meeting sponsored by a group known as Jewish People Opposed to the Eruv (JPOE). Attendees were asked to sign petitions which will be submitted along with a legal brief (full text) authored by church-state expert Marci Hamilton. Prof. Hamilton was hired by another anti-eruv group, the Alliance for the Separation of Church and State in the Greater Westhampton Area. Jack Kringstein, the vice president of JPOE said that the eruv would change the community for the worse by bringing in unwelcome people. An AP story from earlier this month on the Westhampton dispute explains opponents are concerned that "Westhampton Beach — a wealthy community but one less glitzy than its better known neighbors Southampton and East Hampton — may evolve into an Orthodox enclave."

The 18-page legal brief opposing the eruv puts forth a number of arguments as to why it would violate separation of church and state limitations, despite court cases elsewhere that have approved such arrangements. In part arguments focus on the fact that under Jewish religious law, the symbolic enclosure of space needs to be accompanied by a civil government proclamation, although that could come from the governor or state attorney general instead of the village board. The brief argues that village approval of the eruv along with a proclamation would be a government act carrying out religious law. It also contends that permitting the eruv would violate the principle of neutrality, and would be endorsement of an identified religious enclave with specific geographical boundaries. [Thanks to Steven H. Sholk for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Paul Horwitz, Religion and American Politics: Three Views of the Cathedral ,(October 2, 2008).
• George P. Smith, Biotechnology, Religion, Modern Science and Law: Shaping or Testing the New Modernity? The Curse of Itching Ears, (CUA Columbus School of Law Legal Studies Research Paper No. 2008-30 (2006).)

From SmartCILP:

• Peace With Creation: Catholic Perspectives on Environmental Law. Keynote address by Archbishop Harry J. Flynn; welcome address by Sen. Amy Klobuchar; articles by William C. French, Keith Douglass Warner, John Copeland Nagle, Lucia A. Silecchia, John Hart, Andrew P. Morriss, Gregory R. Beabout, Jamison E. Colburn and Jerome M. Organ. 5 University of St. Thomas Law Journal 1-287 (2008).

Recent Books:

• John Garrard & Carol Garrard, Russian Orthodoxy Resurgent: Faith and Power in the New Russia, (Princeton University Press, 2008).
• Macel Falwell with Melanie Hemry, Jerry Falwell : His Life and Legacy, (Howard Books, 2008).

Texas Coroner Wants Exemption From State Religious Freedom Restoration Act

Yesterday's Houston Chronicle reported that the Harris County, Texas Medical Examiner's Office is considering asking the state legislature to enact legislation to exempt the coroner's office from Texas Religious Freedom Restoration Act. Last year, a Texas court invoked the law to bar an autopsy of an Orthodox Jewish man who committed suicide after battling depression. The medical examiner's office however, says that a judge or member of the clergy should not be able to overrule a coroner's decision that an autopsy is needed. State law calls for an autopsy in cases of murder, suicide and or where the cause of death is not known. In cases of Jewish or Muslim families, the coroner's office preserves all body parts and fluids for burial, and expedites autopsies so burial can take place quickly as required by religious law. [Thanks to Steven H. Sholk for the lead.]

Virginia School District Moves To Less Controversial Bible Curriculum

According to yesterday's Roanoke Times, the Craig County, Virginia, School Board last week voted 5-0 to drop a course called "The Bible in History and Literature" that uses the controversial curriculum developed by the National Council on Bible Curriculum in Public Schools. That curriculum has been criticized as promoting particular religious beliefs. The course will be replaced by one using a curriculum titled "The Bible and Its Influence," created by the Bible Literacy Project and which has been endorsed by experts in literature, religion and church-state law. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Court Rejects Use Permit For Hindu Temple Because of Deed Restrictions

Yesterday's Arizona Republic reports that a recent Maricopa County Superior Court decision invalidated a use permit that the Chandler City (AZ) Planning and Zoning Commission, as well as City Council, had approved for construction of a Hindu Temple. Neighbors challenging the proposed construction relied on "residential only" deed restrictions on the land owned by the non-profit Hindu group that wished to build a brightly colored worship center.

Minnesota Supreme Court Challenger Focuses On Religion As Basis of Government

The Minnesota Independent last week reported on the campaign of Tim Tingelstad for a seat on the Minnesota Supreme Court. Challenging incumbent Justice Paul Anderson, Tingelstad's website is filled with appeals to restore religion as the foundation of government. For example, the section of his website captioned Church & State says in part: "Through misinterpretation, the Constitution has been used as an instrument to remove God and his Word from our public lives.... Today's concept of 'separation of church and state' does not come from the Constitution, nor does it come from a historically accurate review of American history." [Thanks to Scott Mange for the lead.]

Christians In Iraq Flee Violence In Mosul

CNN reported yesterday that in the Iraqi city of Mosul, 900 Christian families have fled after a series of threats and 13 killings by Muslim extremists who have warned Christians to convert to Islam or face possible death. The violence follows demonstrations two weeks ago by Christians seeking greater representation on provincial councils in elections scheduled for January. In response to the violence, the Iraqi defense minister visited Mosul, police have set up security checkpoints, more troops have been deployed to the city and security patrols have been increased.

Recent Prisoner Free Exercise Cases

In Mells v. Civigenics, Inc., (5th Cir., Oct. 3, 2008), the U.S. 5th Circuit Court of Appeals dismissed as frivolous an inmate's free exercise claim, agreeing with the district court that plaintiff had failed to exhaust his administrative remedies.

In Mitchell v. Department of Corrections, 2008 U.S. Dist. LEXIS 77624 (ED WA, Oct. 3, 2008), a Washington federal district court rejected claims by plaintiff, a Nation of Islam member, that his free exercise, RLUIPA, Establishment Clause and equal protection rights were violated by prison policies. His challenges related to the unavailability of specific NOI religious services and instruction, the ban on his wearing a colored kufi, a limitation on prayer oils, and rules relating to attendance at cultural events.

In Sullivan v. Ozmint, 2008 U.S. Dist. LEXIS 77587 (D SC, Oct. 2, 2008), a South Carolina federal district court, adopting a magistrate's recommendations, rejected complaints that Muslim inmates were allowed to pray only in common areas, and not in closed areas of the prison such as the barber shop.

In Shaw v. Norman, 2008 U.S. Dist. LEXIS 77696 (ED TX, Oct. 1, 2008), a Texas federal magistrate judge rejected dismissal of an inmate's 1st Amendment and RLUIPA claims, growing out of confiscation of his Koran, prayer rug and beads. Defendants claimed plaintiff did not have property papers for the prayer rug, the Koran had been altered with tape, and that plaintiff was improperly using the beads by wearing them around his neck.

In Johnson v. Ohio Department of Rehabilitation & Corrections, 2008 U.S. Dist. LEXIS 79483 (SD OH, Oct. 9, 2008), an Ohio federal district court permitted a Rastafarian prisoner to move ahead with his claim that subjecting him to prison grooming policies violated his 1st Amendment rights. However the court refused plaintiff's request for a temporary restraining order. (See prior related posting.)

In Muhammad v. Brumfield, 2008 U.S. Dist. LEXIS 79559 (ED CA, Oct. 6, 2008), a California federal magistrate judge ordered dismissal of a suit brought by an inmate who wished to participate in services with the Lost Found Nation of Islam. The court said plaintiff had not demonstrated any substantial burden on his religious practice.

In Wakefield v. Tilton, 2008 U.S. Dist. LEXIS 78881 (ED CA, Oct. 2, 2008), a California federal magistrate judge recommended that an inmate be permitted to proceed against one defendant with his claim that denial of a daily shower infringed his free exercise rights. The magistrate judge recommended dismissal of various other claims.

In Palermo v. White, 2008 U.S. Dist. LEXIS 80047 (D NH, Sept. 5, 2008), a New Hampshire federal magistrate judge allowed plaintiff a Wiccan, to proceed with his free exercise, RLUIPA and equal protection claims. Plaintiff alleged that as a pre-trial detainee he was denied a vegetarian diet, religious texts and religious items.

Appeal Filed In School Graduation Speech Case

An appeal to the 10th Circuit Court of Appeals has been filed in Corder v. Lewis Palmer School District No. 38. Yesterday's Colorado Springs (CO) Gazette reports on the filing in the case in which a high school valedictorian was required to apologize for including unauthorized religious material in her 30-second portion of a joint graduation speech. In July, a Colorado federal district court upheld officials' actions, finding that schools can reasonably regulate the content of school-sponsored speech. (See prior posting.) A release by Liberty Counsel, which is representing former student Erica Corder in the appeal, says that the school had no authority over Corder once she was no longer a student.

EEOC Sues Company On Behalf of Driver Fired For Not Working Sundays

Yesterday's Charlottesville (VA) Daily Progress reported that the the U.S. Equal Employment Opportunity Commission late last month filed a Title VII religious discrimination lawsuit against Cardinal Health Inc. The suit charges that the company failed to accommodate the religious needs of a driver who for religious reasons refused to work on Sundays. Employee Howard Thompson was fired from his Charlottesville-based job after three years of working for Cardinal, when he refused to work on rotating Sundays. A spokesman for Cardinal Health says the company is confident that it has complied with the law.

Developments In Two Army Religious Discrimination Matters

There have been developments in two arenas involving alleged religious discrimination in the U.S. Army. According to the AP, Attorneys for Pfc. Jeremy Hall filed a motion Friday in federal court in Kansas to dismiss Hall's suit against the military. The suit charged Hall was prevented from holding a meeting of atheist soldiers when he was deployed in Iraq. Hall plans to leave the Army next year, and this avoids litigation over Hall's standing to continue the suit. However a lawsuit filed in October by the Military Religious Freedom Foundation on behalf of Spc. Dustin Chalker raises related claims that soldiers were forced to attend events that featured Christian prayers. [Thanks to Scott Mange for the lead.]

Meanwhile, in an unrelated case, the AP reports that an Army trainee who physically attacked a Jewish soldier who was also in basic training at Ft. Benning will not face criminal charges. Instead he will face non-judicial punishment. The victim, Pvt. Michael Handman, and his family think the beating was motivated by anti-Semitism, since it came only a few days after Handman complained about anti-Semitic harassment by two drill sergeants. However Army investigators say the beating was not motivated by religious bigotry. (See prior related posting.)

Federal Court Rejects 1st Amendment Challenge To CA Gay Marriage Holding

In Wooten v. California, 2008 U.S. Dist. LEXIS 79078 (ED CA, Oct. 3, 2008), a California federal district court rejected claims by a pro se plaintiff that the California Supreme Court violated the federal Constitution's Free Exercise and Establishment clauses when it legalized same-sex marriage in the state. (See prior posting.) The court concluded that the state court’s ruling did not interfere with plaintiff's right to preach whatever he wishes about same –sex marriage. Nor did the decision elevate one religious view over another.

Attorney Cited For Skipping Court On Yom Kippur; Contempt Charges Then Dropped

CBS2Chicago reports that yesterday Jewish attorney Moria Bernstein faced a contempt citation issued by County Judge Veronica Mathein. Bernsten told the judge she could not appear at an emergency hearing on a divorce property settlement scheduled Thursday because Bernstein was observing Yom Kippur. After a contentious arguments on whether the Thursday hearing was in fact an emergency, Judge Mathein decided to vacate the contempt citation and arrest order that she had previously issued.

Class Has Preliminary Success In Suit On Religious Worker Visa Procedures

Ruiz-Diaz v. United States, 2008 U.S. Dist. LEXIS 79217 (WD WA, Aug. 21, 2008), is a class action brought on behalf of certain foreigners in the United States who are seeking Religious Worker visas. It challenges a government regulation (8 CFR 245.2) that precludes those individuals from filing for Adjustment of Status before their Religious Worker application is adjudicated. The complaint alleges that this discriminates against certain classes of immigrants based on their religion, violates their free exercise, equal protection and due process rights and their rights under the Religious Freedom Restoration Act. Concluding that plaintiffs have "a fair chance of success on the merits", the court ordered that they not be treated as unlawfully present in the country, or unlawfully employed, while the litigation is pending, thereby preventing their detention or deportation for being out of status.

6th Circuit Holds Administrative Finality Needed Before Suing Under RLUIPA

In Grace Community Church v. Lenox Township, (6th Cir., Oct. 10, 2008), the U.S. 6th Circuit Court of Appeals held that before a property owner may file suit under RLUIPA to challenge a zoning decision, the property owner must have obtained a final, definitive position from zoning authorities. Here the court dismissed a challenge to a special use permit revocation by the Lenox Township, Michigan Planning Commission, finding that Grace Community Church filed suit before it attempted to explain or rebut evidence presented against it and without appealing the revocation to the Zoning Board of Appeals. The court also concluded that the same ripeness objections applied to the Church's equal protection claim." (See prior related posting.) [Thanks to Brian D. Wassom for the lead.]

Court Upholds Divorce Decree Limit On Promoting Different Faith To Children

When Joel and Lisa Rownak divorced in 2005, Joel was awarded custody of the couple's minor children. The divorce decree contained a provision, originally proposed by Joel and agreed to by Lisa, that "the minor children be raised in the Protestant faith." The decree went on to enjoin both parents "from promoting another religious belief system/faith to the minor children unless both parties should consent." In Rownak v. Rownak, (AR Ct. App., Oct. 8, 2008), an Arkansas appellate court upheld a contempt finding against Joel for violating this provision by promoting the Latter Day Saints faith to his children.

In upholding the trial court's finding, the court of appeals said that the divorce decree "has for its basis a valid contract between the parties and does not violate appellant’s constitutional rights." Apparently the trial court went on to change custody of the children from Joel to Lisa because of changed circumstances, which included Joel's changing his church membership from southern Baptist to LDS. However, for reasons that are not explained, Joel did not appeal this portion of the trial court's decree. As part of its findings in the contempt proceeding, the trial court concluded that the LDS church is not a Protestant faith. Yesterday's Springdale (AR) Morning News reported on the decision. [Thanks to Spencer Macdonald for the lead.]

Suit Challenges Freezing of Assets of Muslim Charity

Yesterday, the ACLU of Ohio announced it has filed suit in an Ohio federal district court on behalf of a Muslim charity, KindHearts for Charitable Humanitarian Development, Inc. The charity was founded in 2002 (after the government shut down a number of Muslim charities) with the purpose of providing humanitarian aid in the U.S. and abroad in compliance with U.S. law. However, in February 2006 the Treasury Department's Office of Foreign Assets Control summarily froze the charity's assets "pending investigation" of whether it should be classified as a "Specially Designated Global Terrorist" organization. The freeze is still in effect.

The lawsuit (full text of complaint) challenges action taken by OFAC, arguing that the authority given by the USA PATRIOT Act (50 USC 1701(a)(1)(B)) to freeze assets pending investigation violates the First, Fourth and Fifth Amendments. The complaint alleges that the statute is unconstitutionally vague, and that it "sets forth no substantive criteria for when such a freeze pending investigation is permitted, requires no notice or opportunity to respond, and sets no time limit on the freeze." (See prior related posting.)

Two Decsions In France On Rights of Muslim Women To Wear Religious Garb

USA Today reported yesterday on two decisions in France balancing French secularism with the right of Muslim women to wear religious garb. The French anti-discrimination agency, HALDE, ruled on Sept. 15 that women wearing the burqa and niqab-- full body and face covering-- could be excluded from state-sponsored French language classes for immigrants. HALDE called the burqa a symbol of "female submission that goes beyond its religious meaning." The head of HALDE said that language teachers need to see their students' faces when offering phonetic instruction. Meanwhile, on Wednesday, an appellate court in the city of Nancy affirmed a decision fining the owner of a bed and breakfast for refusing a room to two women wearing Muslim headscarves.

Cert Denied In Parents' Complaints About School Books

Last Monday, the U.S. Supreme Court denied certiorari in Parker v. Hurley (No. 07-1368). (Order List.) In the case, the 1st Circuit had rejected free exercise and parental privacy challenges by two sets of parents who complained that they were not given an opportunity to exempt their elementary school children from exposure to books that offended their religious beliefs. The books depicted families headed by same-sex couples or dealt with love between members of the same sex. (See prior posting.) AP reported yesterday on the cert denial. Numerous other denials of cert were also ordered Monday. (See prior posting.)

Major Law Firm Sued for Religious Discrimination In Firing of Associate

American Lawyer reported Monday on a religious discrimination lawsuit filed in New York state court against the 1000-lawyer Dechert law firm. Former associate Marc Lubin says that one of the reasons he was fired was the fact that he was an Orthodox Jew. The partner who fired Lubin complained that he "was different", which Lubin understood to mean that his religious practices required him to eat kosher food and precluded his attendance at some events, such as the firm's Christmas party.

9th Circuit Rejects RFRA Challenge To Hydroelectric Project By Snoqualmie Tribe

In Snoqualmie Indian Tribe v. Federal Energy Regulatory Commission, (9th Cir., Oct. 7, 2008), the U.S. 9th Circuit Court of Appeals upheld FERC's granting of a 40-year license renewal to Puget Sound Energy, Inc. to operate the Snoqualmie Falls Hydroelectric Project. The Falls are a sacred site for religious practices for the Snoqualmie Tribe. Plaintiffs alleged that the project deprived the Tribe of access to the Falls, eliminated the mist necessary for the Tribe’s religious experiences, and changed the sacred water cycle. The court concluded that FERC's action did not violate the Religious Freedom Restoration Act. Applying the test from its recent Navajo Nation decision, the court held that no substantial burden was placed on the Tribe's free exercise of religion. Tribe members will not lose a government benefit or face sanctions for practicing their religion. FERC's application of a different, but more generous, definition was harmless error. The court also rejected the Tribe's challenge under the National Historic Preservation Act, and PSE's cross-petition challenging water flow requirements imposed by FERC. [Thanks to Robert H. Thomas for the lead.]

ACLU Brings Another Suit Against Ohio Judge For Religious Courtroom Poster

The ACLU of Ohio yesterday announced the filing a lawsuit against Richland County Common Pleas Court Judge James DeWeese, challenging a poster hung in his court room that displays "Humanist Principles" next to the Ten Commandments. (Photo of poster.) The complaint (full text), filed in federal district court in the Northern District of Ohio, alleges that the poster violates the Establishment Clause of the U.S. Constitution, as well as Art. I, Sec. 7 of the Ohio Constitution. In 2002, the ACLU obtained an injunction against a different 10 Commandments display in DeWeese's courtroom. In August, an Ohio federal court held that the current display is sufficiently different from the one enjoined in 2002 that DeWeese was not in contempt of the prior injunction. (See prior posting.) That holding apparently led to this new lawsuit.