Dutch Cabinet Proposes End of Blasphemy Law, Expansion of Hate Speech Ban

In Netherlands, the cabinet on Friday voted to recommend that Parliament repeal the country's blasphemy law and replace it with an expanded hate speech law. Today's Windsor (Ont.) Star reports that the proposed new law will prohibit giving serious offense to any group of people, not just to specified groups now covered. Radio Netherlands reports that the cabinet's action was taken at the demand of a majority of the parties in Parliament, even though two of the three parties in the ruling coalition are Christian. The blasphemy law has been in the news in recent years as a possible source of redress against those who have produced anti-Islamic material, such as right-wing politician Geert Wilders who posted a controversial film, Fitna, online. (See prior posting.)

Ads On Donations From Atheists Continue In North Carolina Senate Race

As previously reported, North Carolina Senator Elizabeth Dole created substantial controversy by running an ad against Kay Hagan, her opponent in Tuesday's election, alleging that Hagan took a contribution from supporters of the Godless American PAC. Hagan ran a counter-ad and filed a defamation suit. (See prior posting.) McClatchy Newspapers today report that now Dole is running a second ad (video clip) that includes an announcer asking: "If Godless Americans threw a party in your honor, would you go?" Dole says she is not questioning Hagan's faith, just her associations. Dole also filed a motion to dismiss Hagan's lawsuit as frivolous. According to the AP, Hagan says she wants to talk about the issues, and the ads are a distraction from the race. Rev. Sekinah Hamlin, president of the N.C. Council of Churches, strongly criticized Dole's ads attacking Hagan, who is a Sunday school teacher at a Presbyterian church.

VA High Court Approves Tax Exemption For Upscale Retirement Community

In Virginia Baptist Homes, Inc. v. Botetourt County, (VA Sup. Ct., Oct. 31, 2008), the Virginia Supreme Court, in a 5-2 decision, held that the upscale retirement community, The Glebe, owned by Virginia Baptist Homes, is entitled to a property tax exemption under legislation that granted VBH an exemption for any of its property used exclusively for non-profit religious or benevolent purposes. The dissenters argued that the property is not used for benevolent purposes since all residents pay for 100% of their care, and that it is not used for religious purposes because it is open to anyone, regardless of religious beliefs, and staff are not required to be of any particular religious belief. WDBJ7 News reported on the decision yesterday. (See prior related posting.)

Tax Incentives By Tennessee County For Bible Park Questioned

Last May, Tennessee's Attorney General issued an opinion ruling that state law permits the use of public funds to support the development of Bible Park USA, but left open the question of whether public funding for the theme park would violate the Establishment Clause of the federal constitution. (See prior posting.) Now that plans for the theme park are moving ahead, others are raising the Constitutional questions, according to today’s Tennessean. The ACLU of Tennessee has asked Wilson County for copies of the application for assistance and correspondence relating to the Bible Park along with copies of all applications for tax increment financing filed with the county over the last ten years. ACLU is seeking to determine whether similar tax incentives are available to all, or whether county officials acted to promote religion in dealing with the Bible Park.

Vermont Candidate Places Anti-Semitic Statements In State Voters' Guide

Vermont law (17 V.S.A. § 2810) directs Vermont's Secretary of State to publish a Statewide Candidate Information Publication that contains photos, biographical sketches and position statements submitted by candidates for statewide and federal office. Today's Rutland Herald reports that the position statement by independent candidate for governor, Cris Ericson, in this year's publication (full text) has raised controversy because of anti-Semitic statements in her rambling essay. Ericson, citing verses from the Biblical book of Leviticus, says in part:

Are any of the people, in charge of organizations holding candidate forums and debates, Jewish? Some Jews allegedly discriminate against Disabled Vermonters. Some Jewish Doctors, Social Workers, Police, and Housing Authority Administrators allegedly "talk down" to Disabled People.... Jews have no right to impose their religious Law of discrimination against Disabled People when they receive state and/or federal funding for Police, Housing Authority, Medicaid, Medicare, and organizations holding candidate debates and forums.

Before publishing this year's booklet, Secretary of State Deb Markowitz asked Vermont's attorney general whether she could edit out the offending statements. She was told that the law authorizing the publication, as well as First Amendment speech protections, preclude editing of candidates' statements.

For Halloween, British Government Asked To Pardon 16th to 18th Century Witches

Marking Halloween, Britain's Justice Secretary Jack Straw will be presented with a petition today seeking a symbolic royal pardon for individuals who were punished for witchcraft in Britain between the 16th and 18th centuries. The Witchcraft Act of 1541 made witchcraft a felony punishable by death. Today's London Guardian reports that the petition (full text), initiated by the family which operates the costume firm Angels, sets out the facts of eight historical cases as examples of the miscarriages of justice before Britain passed the 1735 Witchraft Act that eliminated capital punishment and instead treated witchcraft as a type of fraud that could lead only to a fine and imprisonment. Earlier this year, the Swiss government pardoned Anna Goeldi, the last person executed in Europe for witchcraft.

AU Asks IRS To Investigate NC Baptist Convention Speech By Michelle Obama

In yet another of its growing list of complaints filed with the Internal Revenue Service, Americans United yesterday sent a letter (full text) to the IRS asking it to investigate a meeting of the General Baptist State Convention of North Carolina this week at which Michelle Obama spoke. According to AU, her appearance "took on the trappings of a campaign rally." In its press release announcing its action, AU said that the event was not the type of non-partisan activity that non-profit organizations such as churches are permitted by the tax code to host. The website for AU's Project Fair Play lists over 95 complaints that it has filed against churches and other non-profit religious groups for impermissible endorsements of political candidates since 1996.

Las Cruces Lawsuit Ends

Last Friday, the U.S. 10th Circuit Court of Appeals denied a request for reconsideration of its decision in Weinbaum v. City of Las Cruces, according to today's Las Cruces Sun-News. The decision handed down last month found no Establishment Clause problem with Las Cruces, New Mexico's using three Latin crosses as a symbol of the city and as part of the logo for the school district. (See prior posting.) Plaintiffs Paul Weinbaum and Martin Boyd say they will not seek further review from the U.S. Supreme Court, citing the costs of an appeal and the current philosophy of the Supreme Court.

Arizona Supreme Court Will Review School Voucher Decision

Phoenix's East Valley Tribune reported yesterday that the Arizona Supreme Court has agreed to grant review in Cain v. Horne, (Case No. CV-08-0189-PR) (text of order). In the case, a state appellate court found that two school voucher programs enacted by the state legislature in 2006 violate the Arizona Constitution by aiding private and sectarian schools. (See prior posting.)

Israel Supreme Court Permits Museum Construction Over Old Muslim Cemetery

Israel's Supreme Court yesterday ruled that it would not block construction of a Museum of Tolerance on land in Jerusalem, despite objections by Muslims that the proposed building will cover part of an ancient Muslim ceremony. The International Herald Tribune reports that the court approved plans of the U.S.-based Simon Wiesenthal Center for the museum in part because Muslim groups raised no objections in 1960 when the city put a parking lot over part of the cemetery. The Court ordered the Museum to create a plan with the state Antiquities Authority to either remove human remains for reburial or to build a barrier between the museum foundation and the ground below to avoid disturbing graves. The cemetery is 300 to 400 years old, but fell out of use after 1948. A portion was sold in the 1930's with approval of a top Muslim cleric for construction of a hotel. The Simon Wiesenthal Center issued a release applauding the decision. (See prior related posting.)

Three Algerian Christians Acquitted

BosNewsLife and Compass Direct both yesterday reported on the acquittal in a court in Algeria of three Christians who had been charged with blaspheming Islam and threatening a member of their congregation who re-converted to Islam. The ruling by a court in Ain El-Turck apparently came because of a lack of evidence against Youssef Ourahmane, Rachid Seghir and Hamid Ramdani. Responding more broadly to international pressure, in the last few months Algeria has eased its campaign against evangelical Christians who have often been charged under a 2006 presidential decree that limits worship services to government-approved buildings and prohibits proselytizing Muslims. (See prior related posting.)

Religion Remains Important In This Year's Political Campaigns

Religion has played an important part in the upcoming elections for many months. As election day draws near, several news stories attest to its continuing role. At a conference titled Religion and Freedom: The United States and Europe, held in Rome on Tuesday, U.S. Ambassador to the Vatican, Mary Ann Glendon. talked about the importance of religion in U.S. politics. As Catholic News Service reports, Glendon told her audience that U.S. public officials speak openly of their faith in a way that English, French or Italian candidates would not.

The electorate has become part of the conversation. Catholic News Service yesterday reported on a 58-page booklet authored by Boston physician, Dr. Patrick Whelan, titled The Catholic Case for Obama.

In North Carolina, a different kind of argument over religion is playing out in the heated U.S. Senatorial campaign. Fox News yesterday reported that incumbent Republican Sen. Elizabeth Dole is accusing her Democratic challenger, Kay Hagan, of of attending a "secret fundraiser" sponsored by the Godless Americans PAC. The ad (YouTube video) says of Hagan: "She hid from cameras. Took godless money. What did Kay Hagan promise in return?" Hagan has demanded that Dole take down the ad, but the Dole campaign says the ad will remain.

UPDATE: Here is Kay Hagan's ad respoonding to Dole's charges. And the AP reported that on Wednesday Hagan filed a lawsuit in Wake County (NC) Superior Court accusing Dole of defamation and libel, charging that Dole's ad is injuring Hagan's good name and reputation.

Three Lawsuits of Interest Are Settled

Settlements were announced this week in three unrelated cases-- all involving church-state or religious freedom issues. In Hempstead, New York, National Wholesale Liquidators Inc. agreed to an injunction and assessment of $225,000 in damages in a lawsuit brought by the EEOC charging it with discrimination by one of its store managers. According to IndiaWest, the manager was charged with sexual harassment and taunting of nine South Asian employees about their national origin and religion. He told one female Sikh employee to remove her turban so she would appear sexier.

In Pennsylvania, Shippensburg University has agreed to change its rules in order to settle a lawsuit by a student group, the Christian Fellowship. In February, student senate invoked university rules to object to the group's requirement that its members be Christians and its president to be a man. Tuesday's Christian Post reports that a similar lawsuit was settled in 2004. (See prior related posting.)

In Wyandot County (Ohio) Common Pleas Court, members of the St. Joseph Catholic Parish in Salem Township, whose rural Ohio church was closed by the diocese, filed suit in 2006 to obtain control of the parish's funds and property. Yesterday's Toledo Blade reports that a settlement agreement has been reached under which the church building, meeting hall, and related property will be transferred to the non-profit St. Joseph-Salem Heritage Society which was formed by ex-parishioners to preserve the parish's history. The agreement places some restrictions on the Society's future use of the buildings.

International Catholic Group Issues Report On Religious Freedom

The Australian-based international Catholic charity, Aid To the Church In Need, last week issued its extensive 2008 Report on Religious Freedom in the World. The 544-page document reports on the state of religious freedom for Christians and for other religious groups in each country in the world. It also contains an Annex titled Worldwide Freedom of Religion--The Catholic Point of View.

ACN's Oct. 29 press release on the report says that religious worship is under attack in more than 60 countries. It concludes: "violations of freedom of worship take place increasingly less for ideological reasons and increasingly more often because of power games. The attempt to stop religious freedom is addressed above all at impoverishing States, maintaining the population in conditions of slavery. In other nations ... such as for example China, fear of opening to freedom of worship coincides with the fear of encouraging other freedoms."

The organization has also issued a shorter report (112 pages) titled Persecuted and Forgotten?, focusing on religious persecution in 30 countries.

11th Circuit Upholds County Legislative Prayers With Sectarian References

In Pelphrey v. Cobb County, Georgia, (11th Cir., Oct. 28, 2008), the U.S. 11th Circuit Court of Appeals, in a 2-1 decision, upheld the practice of the Cobb County Commission and the Cobb County Planning Commission to open their meetings with a prayer offered by local clergy or other members of the community, now invited randomly. The clergy have represented various faiths, and sometimes include in their prayers sectarian references. However the vast majority of clergy offering invocations have been Christian. Relying on the Supreme Court's decision in Marsh v. Chambers, the majority of the court held that county boards are not limited by the Establishment Clause to non-sectarian invocations so long as the prayers are not "exploited to proselytize or advance any one, or to disparage any other, faith or belief."

The appellate court, however, agreed with the district court that the prayer policy of the Planning Commission during 2003-04 was unconstitutional because it excluded certain faiths from the list of potential invitees. It agreed that nominal damages could be awarded for the violation. The majority opinion was written by Judge William Pryor who, before joining the court, was attorney general of Alabama. In that role he was part of a high profile church-state controversy involving the removal of Alabama's Chief Justice Roy Moore.

Judge Middlebrooks dissenting argued that the prayer policies of the county violate the Lemon test because they have both a religious purpose and effect and involve excessive entanglement of the state with religion. He argued further that the Marsh exception for legislative prayer should be limited to "invocations before the United States Congress and the state legislatures." He added:

I concur with the majority that judges, as representatives of the government, have no business editing or evaluating the content of prayer. However, I also believe that sponsorship of prayer by these commissions presents a similar, although less direct, danger. When state sponsored prayer is a perfunctory and sterile exercise marking the beginning of a commission agenda, religion becomes the casualty.

Americans United issued a press release criticizing the decision. Yesterday's Columbus (GA) Ledger-Enquirer reported on the decision. [Thanks to Alliance Alert for the lead.]

RLUIPA Does Not Protect Church Against Watershed Ordinance Restrictions

In Hope in the City, Inc. v. City of Austin, Texas, (WD TX, Oct. 20, 2008), a Texas federal district court held a church that was prevented from paving over additional parts of its property for a parking lot had failed to allege facts showing a substantial burden on its exercise of religion. The church had not explored a number of alternatives to the proposed lot. The court therefore rejected a challenge to application of the Save Our Springs watershed protection ordinance to the church. The church had claimed that RLUIPA and the Texas Religious Freedom Restoration Act invalidated the city's refusal to allow it to construct the parking lot. Austin Legal yesterday reported on the decision. The court also rejected the church's claim that the proposed lot was protected under a "grandfather" clause, and rejected the church's procedural due process claim. (See prior related posting.)

NY High Court Upholds Rules On Free Water For Churches

In Matter of Brooklyn Assembly Halls of Jehovah's Witnesses, Inc. v Department of Envtl. Protection of the City of New York, (NY Ct. App., Oct. 28, 2008), New York's high court in a 4-3 decision upheld the New York City Water Board's interpretation of state and local statutes exempting places of public worship from various water and sewer charges. The Board only exempts that portion of a religious corporation's property in fact used for public worship, plus a single caretaker residence. Here the church, which contained a second caretaker's residence and two guest rooms as well, would need to separately meter those in order to obtains an exemption for the rest of the property. The dissenters argued that "the Department of Environmental Protection's ... unwritten rule - - that in order for the religious property to qualify for exemption pursuant to the Water Exemption Statute or the Sewer Ordinance it may not contain more than one caretaker residence on the property - - is arbitrary, capricious and unreasonable..." [Thanks to J.J. Landa for the lead.]

First Execution by Shariah Court In Somalian Port City Carried Out

In the Somalian port of Kismayo, the first punishment under Shariah law since the Islamist al-Shabaab militia took control of the city in August has been carried out. Bloomberg.com reports that on Monday, 23-year old Aisha Ibrahim Duhulow was executed by stoning after being convicted of committing adultery-- an offense to which she had confessed. A Shariah Court judge said that Duhulow was "happy with the punishment" under Islamic law.

City Sued Over National Day of Prayer Observance

In San Antonio, Texas, on Oct. 24 atheist Patrick Greene filed a federal lawsuit to prevent the city from proclaiming next year's National Day of Prayer from the steps of City Hall. KSAT News reports Greene's argument-- the Day excludes non-Christians, and even some Christian denominations. Greene urges the court to find that this is an Establishment Clause violation, because it suggests government preference for one religion over another. Next year's National Day of Prayer is scheduled for May 7, 2009. (See prior related posting.)

Court Holds Ministerial Exception Inapplicable To Quaker Directorship Positions

In Leaphart v. American Friends Service Committee, (ED PA, Oct. 22, 2008), plaintiff charged racial discrimination and retaliation under Title VII of the 1964 Civil Rights Act in connection with the refusal by the American Friends Service Committee (AFSC) to hire and/or interview him for four positions within the organization. According to a report in Monday's Legal Intelligencer, plaintiff Jerry Leaphart was a corporate lawyer who underwent a spiritual transformation and decided to move to a law practice that focused on social justice. He applied for positions as director of the Quaker United Nations Office; director of Quaker Affairs; associate director of AFSC's community relations unit; and director of affirmative action.

A Pennsylvania federal district court rejected AFSC's assertion of the "ministerial exception" as a defense in the lawsuit. First it found that defendant had waived the defense. However, even if it was not waived, the exception would not apply because the positions at issue were not pastoral or ministerial in nature. The court denied defendant's motion for summary judgment, holding that there was sufficient evidence for a jury to find that the reasons given for not hiring plaintiff were pretextual.

Appeal to 9th Circuit Filed In Arizona Town Sign Ordinance Case

Alliance Defense Fund announced Monday that it is appealing the denial of a preliminary injunction in a sign ordinance case to the 9th Circuit. (Full text of Notice of Appeal.) In Reed v. Town of Gilbert, Arizona, in 2007 an Arizona federal district court entered a stipulated preliminary injunction after the town agreed to change the ordinance that required signs about religious gatherings to be smaller in size, fewer in number, and displayed for less time than similar non-religious signs. (See prior posting.) However, according to ADF, the amended code still treats religious signs less favorably than others. Nevertheless last month an Arizona federal district court refused to issue a second preliminary injunction to bar enforcing the new ordinance against Gilbert's Good News Presbyterian Church. That denial is the subject of the appeal.

Pope Speaks On Separation of Church and State

On Monday, while receiving the letters of credence from Cristina Castañer-Ponce Enrile, the new ambassador of the Philippines to the Holy See, Pope Benedict XVI spoke about church-state relations. Zenit reports his remarks:

The Catholic Church is eager to share the richness of the Gospel's social message.... She carries out this mission fully aware of the respective autonomy and competence of Church and State. Indeed, we may say that the distinction between religion and politics is a specific achievement of Christianity and one of its fundamental historical and cultural contributions.

The Church is equally convinced that State and religion are called to support each other as they together serve the personal and social well-being of all. This harmonious cooperation between Church and State requires ecclesial and civic leaders to carry out their public duties with undaunted concern for the common good.

Legal Charges Against Anti-Scientology Group Members

BigNews.biz reports on two recent legal actions against members of Anonymous, an underground anti-Scientology organization. On Oct. 21, in Boston Municipal Court, defendant Gregg Housh admitted to leading a February 10, 2008 disturbance at the Boston Church of Scientology. The court continued the case charging disturbing the peace and disturbing religious services for one year, on the condition that Housh stay away from two Church of Scientology locations in Boston. Presumably charges will be dropped if the conditions are complied with for a year. Meanwhile on Oct. 17, the U.S. Attorney's Office in Los Angeles filed a criminal information against Anonymous member Dmitriy Guzner who has agreed to plead guilty to charges of computer hacking for his role in a denial of service attack on Church of Scientology websites last January. (US Atty. Office Press Release). (See prior related posting.)

Real Estate Agents Increasingly Use Faith Advertising

An article in last Saturday's Washington Post reported on the growing practice among real estate agents to engage in faith advertising-- attempting to appeal to members of a particular religious group. An increasing number of real estate agents are aiming at Christians, either by incorporating Christian symbols in their advertising or joining groups such as the 1600-member Christian Real Estate Network. Other religious groups are following suit. Kosher Connection will connect users to Jewish real estate agents. In Michigan, a few real estate agents are marketing to Muslims who want Islamic financing for their home purchase. Some of these practices risk legal challenge. The federal Fair Housing Act prohibits real estate agents from using ads that indicate a preference for members of a particular religious group. Department of Housing and Urban Development guidelines however say agents can use religious symbols if they add a non-discrimination disclaimer. In 2004, federal authorities ruled that Section 806 of the Fair Housing Act required the Christian Real Estate Network to admit non-Christians to membership. This ruling is reflected in the organization's current policies.

Court Rejects Challenge To Sikh Temple Election

The Marysville (CA) Appeal Democrat reports that on Monday, a Sutter County (CA) Superior Court judge rejected challenges to an election of 73 directors for a Sikh Temple in Yuba, California. The challenge to the election that was held in September, filed by current temple president Didar Bains, cited irregularities in procedures. Over over 3000 Temple members took part in the election. As to the claim that sometimes two people were allowed to enter a voting booth together, the court speculated that this may have involved help for family members who did not understand English. Judge Perry Parker said: "We're not here to impose our values on a religious organization."

Exclusion of Juror Wearing Dreadlocks Held Impermissible Under Batson

In McCrea v. Gheraibeh, (SC Sup. Ct., Oct. 27, 2008), the South Carolina Supreme Court, in a 3-2 decision, held that counsel in a civil case failed to show that his peremptory striking of an African-American juror because he was wearing dreadlocks was race neutral. The majority held: "Regardless of their gradual infiltration into mainstream American society, dreadlocks retain their roots as a religious and social symbol of historically black cultures. For this reason, we hold that counsel’s explanation that the juror's dreadlocks caused him 'uneasiness' was insufficient to satisfy the race-neutral requirement in the second step of the trial court's Batson analysis."

Fordham's Award To Justice Breyer Protested Because of His Abortion Votes

Fordham University Law School's scheduled award tomorrow of the Fordham-Stein Ethics Prize to U.S. Supreme Court Justice Stephen Breyer is drawing protests from New York's Cardinal Edward Egan, 1100 Fordham alumni and the Cardinal Newman Society. The AP reported yesterday that the protests stem from the fact that Breyer wrote the majority opinion in Stenberg v. Carhart, the 2000 Supreme Court case that invalidated Nebraska's "partial-birth abortion" law. He also dissented in the 2007 case of Gonzales v. Carhart, which upheld the federal partial-birth abortion statute. AP says that six other justices have previously won the award, five of whom have voted for abortion rights. There were no protests in those cases. [Thanks to Scott Mange for the lead.]

McCain Campaign In Nevada Handing Out Christian Voter Guides

According to CBN News yesterday, the McCain campaign in Nevada is handing out flyers-- in English and Spanish-- titled "Voter's Guide for Serious Christians" and "Voter's Guide for Serious Catholics". The flyers say they are intended to help voters cast their votes"in an informed manner consistent with Christian moral teaching." The guides focus on "five non-negotiable issues": abortion, euthanasia, embryonic stem cell research, human cloning, and homosexual marriage. Among the advice given in Guides is: "Do not vote for candidates simply because they declare themselves to be Christian." They say that if no acceptable candidate is running, the voter should either vote for the candidate "who seems least likely to be able to advance immoral legislation," or not vote at all in that contest. The Guides were produced by a group called Catholic Answers Action which has posted the full text of the guides on its website.

FBI Releases 2007 Hate Crime Statistics

The FBI yesterday released hate crime statistics for 2007. (FBI press release). Today's Washington Post reports on the data, indicating that the 7,624 incidents reflected a 1.3% drop from 2006. However the FBI does not include year-to-year comparisons in its release because the number of law enforcement agencies participating varies each year. 18.4% of the single bias incidents in 2007 involved religious bias. That is a decline of 4.2% from the previous year. The FBI's website contains links to the full data. 1400 incidents involving 1628 victims were religiously motivated. 969 or those incidents were anti-Jewish, 115 were anti-Islamic, 61 were anti-Catholic, 57 were anti-Protestant, 6 were anti-Atheist/Agnosticism. According to an ADL press release on the data, despite the overall decrease, anti-Jewish incidents increased slightly from 2006 when 967 were reported.

Conservative Religious Groups Working In Favor of California's Marriage Amendment

Today's New York Times reported on the personnel and funding that conservative religious groups are investing in the campaign to pass Proposition 8, the ballot measure that would ban gay marriage in the state. Religious leaders are framing the battle in apocalyptic terms. Charles W. Colson, the founder of Prison Fellowship Ministries, said: "This vote on whether we stop the gay-marriage juggernaut in California is Armageddon. We lose this, we are going to lose in a lot of other ways, including freedom of religion." And Tony Perkins, president of the Family Research Council, said of the ballot measure: "It’s more important than the presidential election. We've picked bad presidents before, and we’ve survived as a nation. But we will not survive if we lose the institution of marriage." Ads warn that churches that refuse to perform gay marriages could lose tax exemptions and that ministers will be jailed if they preach against homosexuality-- both of which charges are strongly denied by Proposition 8 opponents. Swedish pastor Ake Green, who was sentenced to a month in prison under Sweden's hate speech law for an anti-gay sermon, was featured in a satellite simulcast that was shown in 170 churches. The Times article fails to note that Sweden's Supreme Court reversed Green's conviction. (See prior posting.)

Group Urges Changes On 10th Anniversary of International Religious Freedom Act

Today is the 10th anniversary of the passage of the International Religious Freedom Act. In a press release distributed by e-mail, the Institute on Religion and Public Policy uses the occasion to criticize the weakness of the current structures under IRFA and to suggest a number of steps the U.S. should take to strengthen international religious freedom protections. It urges that the State Department's annual religious freedom report place countries in tiers according to how well they protect religious freedom. More dramatically, it recommends a number of structural changes that should be recommended to the next Congress:

· Create ongoing program funding within the Office of International Religious Freedom to support deserving local organizations that monitor religious freedom abuses in their countries.

· Strengthen the role of the Office of International Religious Freedom in the State Department by having it report directly to the Secretary as was congressional intent, rather than remaining under the rubric of the Bureau of Democracy, Human Rights and Labor.

· Ensure the Ambassador-at-Large for International Religious Freedom enjoys the full diplomatic and negotiating privileges of his rank, and has a more central role in shaping U.S. foreign policy, as called for in the act.

· Follow the recommendations of the act by naming a director-level individual in the National Security Council to oversee strategic religious liberty issues within the White House.

· Allow the federal U.S. Commission on International Religious Freedom to dissolve as scheduled in 2011, and hold in the meantime a Congressional oversight hearing to assess its performance.

UPDATE: To mark the anniversary, Pew Forum carries an interview with Allen Hertzke, author of a 2004 book on the birth and development of the international religious freedom movement, Freeing God's Children: The Unlikely Alliance for Global Human Rights.

Florida Church Ordered To Permit Member Inspection of Records

Florida Statutes, Sec. 617.1602 -.1604 permit members of not-for-profit corporations to inspect records of the corporation. According to Florida Today, a Brevard County (FL) circuit judge on Friday ordered Palm Bay, Florida's Zion Christian Church to permit one of its members to inspect elder board minutes and financial records so that she can determine how her tithes are being used. She also wants records regarding property sale, renovation or expansion. Church member Stephany Eley, who is also a member of West Melbourne (FL) city council, says she wants the information in part to help her decide how to vote in an upcoming election to replace a member of the church's board of elders. Eley dropped her demand for access to e-mails of church officers that discuss finances since the church does not have a central e-mail account. The court will rule on any redaction of privileged information by the church in furnishing Eley the records.

Israel's High Court Says Saturday Fencing Matches Discriminate Against Athlete

Arutz Sheva reported yesterday on a recent religious discrimination decision by Israel's Supreme Court. The Court has ruled that a decision by Israel's Fencing Association to reschedule a competition from Friday to Saturday constitutes religious discrimination against Yuval Freilich, a young Jewish athlete whose religious observance precludes his participation on the Sabbath. The court held that either Freilich must be allowed to compete on Saturday night after the end of the Sabbath, or else he must be awarded a technical victory in any competition held on Friday night or Saturday so that he can advance in the competition without violating his religious beliefs. [Thanks to Joel Katz for the lead.]

Recent Articles Of Interest

From SSRN:

• Paolo Farah, The Influence of Confucianism on the Construction of the Chinese Political and Juridical System, in IDENTITA EUROPEA E POLITICHE MIGRATORIE, Giovanni Bombelli and Bruno Montanari, eds., pp. 193-226, (Vita e Pensiero, pp. 193-226, 2008).


• Christine Chambers Goodman, Beneath the Veil: Corollaries on Diversity and Critical Mass Scholarships from Rawls' Original Position on Justice, (Washington and Lee Journal of Civil Rights and Social Justice, Vol. 13, No. 2, 2007.)


• Paul Horwitz, Churches as First Amendment Institutions: Of Sovereignty and Spheres, (Harvard Civil Rights- Civil Liberties Law Review, Forthcoming.)

From SmartCILP:

• Jose A. Lindgren Alves, Race and Religion in the United Nations Committee on the Elimination of Racial Discrimination, 42 University of South Florida Law Review 941-982 (2008).


• Virginia Hancock, "No-self" at Trial: How to Reconcile Punishing the Khmer Rouge for Crimes Against Humanity With Cambodian Buddhist Principles, 26 Wisconsin International Law Journal 87-129 (2008).

Teacher's ADA Claim Dismissed Under Ministerial Exception

In EEOC v. Hosanna-Tabor Evangelical Lutheran, 2008 U.S. Dist. LEXIS 85719 (ED MI, Oct. 23, 2008), a Michigan federal district court dismissed a retaliation claim under the Americans with Disabilities Act brought by a "called" teacher holding the title of "commissioned minister" in a Lutheran school. It held that the teacher must be considered a ministerial employee. It found that the "ministerial exception" for religious employers applies to ADA claims as well as Title VII claims.

Converts Not Complying With Indian State's Conversion Law

In the Indian state of Orissa, District Collector Krishan Kumar says that individuals converting to Christianity are not complying with the Orissa's 1989 Freedom of Religion Act that calls for converts to submit a form to a district magistrate. Express Buzz yesterday reported that between 1989 and 2008, only two individuals filed, while the Christian population of the Orissa went up by over 42,000. While some of the increase is likely due to migration, much of it is also from conversions.

Recently Available Prisoner Free Exercise Cases

In Lewis v. Ollison, 2008 U.S. Dist. LEXIS 54591 (CD CA, July 14, 2008), a California federal district court accepted the recommendation of a magistrate judge (2008 U.S. Dist. LEXIS 82623, June 10 2008), and dismissed a free exercise and RLUIPA complaint by a Muslim prisoner. Plaintiff challenged prison limits on the amount of prayer oil that he could possess and rules that required that during lockdowns he must go the the showers only partially dressed.

In Terrell v. Montalbano, 2008 U.S. Dist. LEXIS 84260 (WD VA, Oct. 21, 2008), a Muslim prisoner complained that prison officials denied him a religious diet for six months so they could evaluate the sincerity of his religious beliefs. A Virginia federal district court dismissed plaintiff's First Amendment challenge to this, but permitted him to move ahead with his RLUIPA challenge.

In Morris v. Newland, 2008 U.S. Dist. LEXIS 71875 (ED CA, Sept. 22, 2008), a California federal district court adopted recommendations of a federal magistrate (2008 U.S. Dist. LEXIS 84506)and dismissed free exercise and RLUIPA claim by a Muslim prisoner who objected that he was required to expose his naked body to female correctional officers. The court found that plaintiff's history of administrative discipline for inappropriate sexual behavior in the presence of female correctional officers defeated his claim.

In Martin v. Roche, 2008 U.S. Dist. LEXIS 84603 (D CA, Sept. 8, 2008), a California federal magistrate judge rejected a claim by a Muslim inmate that his free exercise rights were violated when prison authorities denied him a copy of the Quran and a religious diet when he was placed in administrative segregation.

In Horacek v. Burnett, 2008 U.S. Dist. LEXIS 84903 (ED MI, Aug. 19, 2008), a Michigan federal magistrate judge recommended that a Jewish prisoner be permitted to move to trial with most of his free Exercise, RLUIPA and infliction of emotional distress claims growing out of authorities' refusal to permit him to enter the Department of Corrections kosher meal program.

In Subil v. Sheriff of Porter County, 2008 U.S. Dist. LEXIS 85499 (ND IN, Oct. 22, 2008), a Jewish prisoner claimed that various restrictions infringed his rights under RLUIPA and the first amendment. An Indiana federal district court rejected his challenge to limitations on possessing certain religious items. While it found some merit in his complaint about access to a kosher diet and sabbath observance, it held that plaintiff could not get injunctive relief since he was no longer held in the jail about which he complained, and that he could recover only nominal damages for the violations if he ultimately succeeds.

Report Appears To Clear Three Baha'is Imprisoned In Iran

On Friday, Baha'i World News Service said that a confidential report issued in June by an Iranian investigator clears a group of Baha'is who were arrested in Shiraz, Iran in 2006. The investigation leading to the report was apparently undertaken at the request of Iranian provincial authorities. The report concludes that that the Baha'is were engaged solely in humanitarian work and were not teaching the Baha'i Faith. Three of the Baha'is are still being held in prison by Iranian authorities.

Preliminary Agreement Reached In Atlanta Church Zoning Case

Alliance Defense Fund on Friday announced an agreement with the city of Atlanta under which the city would allow Kingdom First Ministries to operate out of a building it has leased in Atlanta's Historic West End. The court issued a consent order (full text) in the case, under which the church can begin operating immediately and the parties agree to work toward a full settlement of the case. Earlier this month ADF filed a RLUIPA lawsuit against the city on behalf of the church. (See prior posting.)

Canadian Court Rejects Anti-Abortion Tax Protester's Defense

Friday's Edmonton (AB) Sun-News reports that a Court of Queen’s Bench justice has dismissed the appeal of a Canadian tax protester. Abortion foe David Little was convicted of failing to file tax returns. Little unsuccessfully claimed that his religious freedom under Canada's Charter of Rights and Freedoms is violated if he is forced to pay taxes that are used, in part, to fund abortions.

Tanzanian Christians Say Move To Join OIC Violates Constitution

African Press Agency reported yesterday that in Tanzania, Christian church leaders have called for the resignation of the country's minister for Foreign Affairs and International Cooperation. The Christian leaders say tat his moves to have Tanzania join the Organization of the Islamic Conference violates Tanzania's constitution. Part I, Sec. 19 of the Constitution provides: "the profession of religion, worship and propagation of religion shall be free and a private affair of an individual; and the affairs and management of religious bodies shall not be part of the activities of the state authority."

Georgia Court Says Free Exercise Objection to Evidence Not Preserved For Appeal

In Seibert v. State, 2008 Ga. App. LEXIS 1137 (GA Ct. App., Oct 22, 2008), a Georgia state appellate court rejected a claim by defendant, who had been convicted on stalking charges, that the trial court violated his right to free exercise of religion by admitting into evidence a prayer that he had composed. The document was introduced as impeachment evidence against defendant. The court said that while defendant had objected to introduction of the letter at trial, he never raised the free exercise clause as the basis for his objections and thus did not preserve that issue for appeal.

Jury Finds No Fraud In Assertion Behind Episcopal Priest's Removal

In Philadelphia (PA), a state trial court jury yesterday found for Episcopal Bishop Charles E. Bennison Jr. in the lawsuit against him for fraudulently removing Rev. David Moyer, former rector of Good Shepherd Episcopal parish in Rosemont (PA). The jury found for the diocese on an issue that was critical to all other issues in the case-- whether the diocese engaged in fraud when it asserted that Moyer "abandoned the communion of the Episcopal Church" in 2002. The judge ruled that this finding ended the case, and that the court did not need to get to the question of whether Bennison concealed from Moyer his plan to remove him without a church trial. The Philadelphia Inquirer reported yesterday on the decision, which avoids anticipated appeals on the broader question of whether a civil court could hear the case. Moyer claimed it could because he was improperly denied a church trial on his removal. (See prior posting.)

Utah AG Candidates Say Voters Want To Know Their Stands On Polygamy

Today's Houston Chronicle reports that the opposing candidates for state Attorney General in Utah say the question they are first asked by voters is their views on enforcing anti-polygamy statutes. Incumbent Republican Attorney General Mark Shurtleff, who supported Texas authorities' raids on the FLDS compound earlier this year, says Utah should investigate and prosecute crimes associated with polygamy, such as incest, child sexual abuse and welfare fraud. However, he says, the state lacks the resources to more generally prosecute thousands of consenting adults in the state who are polygamists. His political opponent, Democrat Jean Welch Hill, says that prosecutions should be limited to other crimes associated with polygamy. She argues that Utah's general bigamy statute is unconstitutional under the U.S. Supreme Court's 2003 ruling in Lawrence v. Texas.

Court Dismisses Title VII Claim By Pastor Against Catholic Archdiocese

In Ogugua v. Archdiocese of Omaha, 2008 U.S. Dist. LEXIS 85317 (D NE, Oct. 22, 2008), a Nebraska federal district court dismissed a Title VII discrimination claim by an assistant pastor who was suspended from exercising priestly functions by the Omaha Catholic Archdiocese. Plaintiff alleged national origin and race discrimination, sexual harassment and retaliation. The court concluded that all the claims relate to adverse personnel action against plaintiff. It said: "A court cannot interfere in such decisions without becoming entangled in matters of religion in violation of the First Amendment's Establishment Clause." The court also refused to exercise supplemental jurisdiction over plaintiff's defamation claim. (See prior related posting.)

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....