Remaining Claims In "Bong Hits 4 Jesus" Case Settled

Last year, the Supreme Court last year decided Morse v. Frederick, holding that Juneau, Alaska school officials did not violate a student's free speech rights when they confiscated his banner reading "Bong Hits 4 Jesus" displayed at the at the Olympic Torch Relay.(See prior posting.) However, there were additional claims left to be decided on remand. The AP reported yesterday that now the school district and former student Joseph Frederick have reached a settlement in the case. In exchange for Frederick dropping his remaining claims, the school district will pay him $45,000 and will also hire a neutral constitutional law expert to chair a forum on student speech rights this school year. Under the settlement, the school district will continue to enforce its policies prohibiting students from displaying materials that advocate or celebrate illegal drug use.

Media Reports On Role of Religious Voters In Obama's Victory

The media yesterday were filled with interesting articles on the role of religious voters in Barack Obama's election victory. The Wall Street Journal reported: "Mr. Obama won among Catholics, 54% to 45%, made gains among regular churchgoers and eroded a bit of the evangelical support that has been a fixture of Republican electoral success for years, exit polls showed." Newsweek looks at Obama's performance numbers among Evangelicals, Catholics, Jews and Secularists, finding that despite the "fairly relentless God talk" in Obama's campaign 75% of secularists voted for him. As to Evangelicals, McCain got around 74% of their vote, but that was a 5% decrease from George Bush's performance. And a separate article in today's Wall Street Journal suggests that McCain's still strong showing among Evangelicals belies reports during the campaign that "new Evangelicals" might go with the Democrats. [UPDATE: However today's New York Times places a different spin on the data, pointing out that Obama doubled his support among young evangelicals.] Much of the data was from a study published yesterday by Faith In Public Life.

Yesterday's Forward analyzes the Jewish vote, finding that 78% voted for Obama (a higher number than voted for Kerry in 2004). Earlier in the campaign, the level of Jewish support for Obama was much more questionable. The change was a result of concerted outreach efforts, Jewish unease over Sarah Palin and among some young Jews the possible opportunity to recreate the Black-Jewish alliance of civil rights movement days.

Finally Virtue Online publishes a fascinating account of private meetings during the primary campaign between Episcopal Bishop Gene Robinson and Obama. Robinson, the first gay bishop consecrated by the Episcopal church, discussed the role of religion in public life with Obama. Robinson, a controversial figure, gave this account of his first meeting with Obama: "The first words out of his mouth were, 'Well you're certainly causing a lot of trouble.' My response to him was, 'Well that makes two of us.'" Robinson says they also talked about their shared experience of being a "first", its dangers and the expectations it creates.

UPDATE: Today's New York Times also carries an article on the feelings of Muslim college students about the Obama victory. Most Muslims supported Obama. However they were frustrated by rumors that Obama was a Muslim and finally heartened by Colin Powell's statement rejecting the premise underlying the rumor. Many felt that open Muslim support would hurt Obama's chances.

DC Case Seeks To End Life Support Over Family's Religious Objections

Yesterday's Washington Post reports on a lawsuit filed in D.C. Superior Court by the Children's National Medical Center seeking an order allowing it to end life support for a brain-dead 12-year old boy. Motl Brody's parents however say that their Orthodox Jewish beliefs do not recognize brain death, and that their son's circulatory and respiratory systems are functioning with mechanical assistance. D.C. law allows doctors to declare patients dead if they lack brain activity, and does not contain an exception for families with contrary religious beliefs. The law of New York where the Brodys live does have such an exception. [Thanks to J.J. Landa for the lead.]

Green Bay Now Will Permit Combined Religious-Secular Holiday Displays

Green Bay, Wisconsin City Council seems to be having a change of heart over holiday displays at city hall. Yesterday's Appleton (WI) Post-Crescent reports that the proposed policy that would have allowed only secular displays on government property has now been changed. By a vote of 8-4, Council added language stating that the U.S. Supreme Court has approved combined religious and nonreligious displays, and that city officials, at their discretion, may permit these as well as purely secular ones. Before final passage, Green Bay's city attorney will study the new language. According to WBAY News, Freedom from Religion Foundation, unhappy with the new language, will move ahead with an appeal they filed this week in a case challenging last year's nativity scene display at city hall. (See prior posting.) A federal district court had dismissed their challenge after the city enacted a moratorium on future displays.

South African Court Recognizes Hindu Marriages

In South Africa,the Durban High Court issued a ruling yesterday that for the first time recognizes Hindu marriages for purposes of the country's Intestate Succession Law-- the law that governs inheritance when someone does not leave a will. IOL reports that the decision allows Saloshinie Govender to inherit her husband's property as his "spouse" under that law. On the other side were the parents of Govender's late husband. They would have inherited his property if he did not leave a wife recognized by the law as a survivor.

NY Appellate Court Rejects Claim Against State By Kosher Food Seller

Commack Self-service Kosher Meats, Inc. v Rudgers, (NY App. Div., Nov. 6, 2008), is a lawsuit brought by a kosher food business that was cited for violating the New York's law (later held unconstitutional) which prohibited the sale of food as kosher if it was not prepared in accordance with Orthodox Jewish requirements. Plaintiff Commack argued that its reputation and business were damaged by the state when it discontinued a court case in which plaintiff had been charged with violating the kosher law. Commack says this caused it to lose the opportunity to defend itself and be exonerated. The court held, however, that "Commack's failure to appeal from or otherwise challenge District Court's order permitting the withdrawal of the state's action is fatal to their claim." The court said that even if that were not the case, Commack would not succeed on the merits since there was nothing in the record but speculation to support the charge that authorities acted with intentional malice in enforcing then-valid laws. [Thanks to J.J. Landa for the lead.]

Islamist Cleric In Britan Says No To Poppies For Remembrance Day

In Britain, it is traditional to wear a red poppy on Remembrance Day (Nov. 11) to show respect for the sacrifices of veterans and civilians during wartime, especially remembering World War I. Britain's Daily Star reports today that some "Muslim strongholds [in Britain] have become no-go zones for poppy sellers." Controversial Islamist cleric Anjem Choudary said any Muslim who wears a poppy is betraying his religion and backing “"British nationalism". This came a few days after Choudary said that giving sweets to children on Halloween is "the greatest crime any person can commit." Many British Muslims disagree with Choudary. Shahid Malik, a Muslim member of Parliament from Dewsbury and Undersecretary of State in the Ministry of Justice says he will be selling poppies in his home town of Dewsbury on Saturday.

Kyrgystan's Parliament Passes Restrictive Religion Law

According to Forum 18, Kyrgystan's Parliament yesterday unanimously passed a restrictive religion law. Under the law, in order for a religion to register, it must have 200 members whose identities are confirmed by local administrations. Yesterday's International Herald Tribune reports that the law also bans private religious schools and the dissemination of religious material in public places. It curtails proselytism, all in an attempt to limit the influence of foreign Christian evangelical and radical Islamic groups. Religious organizations will be required to disclose financial information to authorities. The law will be sent to President Kurmanbek Bakiyev around November 15. He will have a month to decide whether to sign it. It is expected that he will approve it. Rights activists, such as the Institute on Religion & Public Policy (letter to Pres. Bakiyev), say the law is a violation of international human rights standards.

Michigan Court Upholds Zoning Denial; Defines "Church"

In Great Lakes Society v. Georgetown Charter Township, (MI Ct. App., Oct. 30, 2008), the Michigan Court of Appeals upheld the Georgetown Zoning Board of Appeals' denial of an application for a special use permit and a variance that had been requested for a religious center. The court first concluded that the proposed building was a "church" for zoning purposes and that the trial court had applied an incorrect standard in holding otherwise. Great Lakes Society ministers to persons who have chemical sensitivities to common environmental pollutants. It also has a phone book listing under "Nutritionists". Its proposed building would contain space for a number of activities related to its ministry. The appellate court held that it is sufficient that the building is primarily used for public worship and reasonably closely related activities. The Court of Appeals went on to find that the Zoning Board of Appeals and the Township "properly decided not to grant a variance with respect to the proposed building location and that they did not violate the RLUIPA or any constitutional guarantees by making that decision."

Suit Challenging Illinois Grant To Rebuild Church Remanded To State Court

In Sherman v. Blagojevich, 2008 U.S. Dist. LEXIS 89237 (CD IL, Nov. 4, 2008), an Illinois taxpayer sued the governor and other Illinois state officials challenging a state program that authorized the grant of $1,000,000 for the reconstruction of the Pilgrim Baptist Church and related buildings that were destroyed in a 2006 fire. The suit alleged violations of the Establishment Clause and of the Illinois constitution. The suit was originally filed in state court, but was removed to federal district court upon motion of the governor. In this decision, the federal court (upon motion of one of the other defendants) remanded the case to state court because plaintiff lacks taxpayer standing to pursue the claim in federal court. (See prior related posting.)

FLDS Asks Federal Court To Stop State Sale Of UEP Land

Yesterday's Deseret News reports that members of the FLDS Church have filed in federal court seeking a temporary restraining order to stop a fiduciary appointed by a Utah state judge from selling land belonging to the FLDS United Effort Plan Trust. At issue is the proposed sale of a large tract of farm land known as Berry Knoll for $3 million. (See prior posting.) FLDS lawyers say that the free exercise rights of FLDS members were infringed when the state court took control of the trust holding FLDS lands and reformed it to eliminate its religious purpose. A supporting affidavit filed by FLDS member Willie Jessop said that the court had taken over a sacred trust and had appointed a "state ordained bishop" to administer it. Jessop argues that the court-appointed special fiduciary is requiring the church to depart from its own doctrines and follow only neutral principles dictated by the state.

In 2006 the Utah court took steps to reform the trust in a way that avoided inquiry into whether anyone living on UEP land was involved in a polygamous relationship. (See prior posting.) Jessop says: "Of course the trust was operated under religious principles, and of course the trust 'discriminated' on the basis of determinations made in accordance with Holy Scripture and divine revelation."

Cert. Filed In Eagle Protection Act Case

Yesterday's Great Falls (MT) Tribune reports on last month's filing of a petition for certiorari to the U.S. Supreme Court in United States v. Friday, a case in which the 10th Circuit rejected a challenge under the Religious Freedom Restoration Act to the government's enforcement of the Bald and Golden Eagle Protection Act. (See prior posting). A petition for en banc rehearing was also rejected. The cert. petition was filed on Oct. 1, and the government was given an extension until Dec. 8 to reply. (Docket Entry.) The Northern Arapaho Tribe plans to file an amicus brief supporting the cert. petition of Winslow Friday who killed a bald eagle for use in a Northern Arapaho Sun Dance. A major issue in the case is the extent to which an appellate court can review de novo "constitutional facts" found by the trial court in a First Amendment case.

Advocacy Groups Have Varied Reactions To Tuesday's Election Results

The reactions to Tuesday's election results from advocacy groups have, not surprisingly, run the gamut. Americans United yesterday issued an election analysis titled "The Religious Right and Election 2008: Down But Not Out." It warned:

After eight years of unprecedented access to the White House and (until 2006) in the halls of Congress, Religious Right organizations are about to lose a lot of clout with much of official Washington and could see their influence at the national level diminished. But it’s unlikely any of these organizations will close down. Rather, they will organize to defeat individual-freedom initiatives put forward by President Barack Obama, and they will place more emphasis on state and local governments as a way to press their agenda forward.

Yesterday's Christian Post reported that Christian groups had varied reactions to Obama's win. The National Council of Churches USA issued a statement congratulating Obama and promising to work with him "to respond to the realities that a loving God places before us each day." Looking in a different direction, Focus on the Family took heart in the fact that Democrats failed to win the veto-proof 60 seats in the Senate. They were also encouraged by the passage of anti-gay marriage amendments in three states. The group said that these results "give values voters reason to stay tuned to development on Capitol Hill."

Yesterday's New York Times reports similarly that the approval of the bans on gay marriage, along with passage in Arkansas of a provision intended to bar gays and lesbians from adopting children, were "a stunning victory for religious conservatives, who had little else to celebrate on an Election Day." It points out that California will still be able to offer civil unions to same-sex couples.

Evangelist Sues Louisiana School Over Its Speech Permit Policy

Alliance Defense Fund announced yesterday that it had filed a federal lawsuit against Southeastern Louisiana University officials challenging permit requirements that were invoked to prevent a traveling evangelist from evangelizing students on campus. The complaint (full text) alleges that the speech policy acts as an unconstitutional prior restraint on speech.

Student Sent Home From School Because Jesus Costume Was Disruptive

At Paramus, New Jersey's West Brook Middle School, eighth grader Alex Woinski dressed up as Jesus for Halloween. According to Monday's Christian Post, school officials said his costume was disruptive and told him he needed to remove his beard and crown of thorns. The student refused and he was sent home. Principal Joan Broe said that he was sent home not because of the religious nature of the costume, but because other students' reactions meant that the education process was being interrupted. Woinski, who has developed an interest in religion, comes from a family where his mother is Catholic and his father is Jewish. The boy recently celebrated his Bar Mitzvah.

Compilation of Obama's Statements on Faith and Church-State Relations

With Barack Obama's victory in yesterday's Presidential elections, I thought it would be useful to compile some of his major statements on the role of religious faith and church-state relationships. Here are five major statements:

• Barack Obama On Faith (from Obama '08 website).
• Saddleback Forum Interview (Aug. 16, 2008).
• Speech on Faith In America (July 1, 2008).
• Obama E-mail interview on CBN's Brody File (July 29, 2007).
• Call to Renewal Conference Keynote (June 28, 2006).

Court Rejects Religious Group's Challenges To Chicago's Zoning Permit Requirement

The decision from several months ago in World Outreach Conference Center v. City of Chicago, 2008 U.S. Dist. LEXIS 88747 (ND IL, May 13, 2008) has recently become available on LEXIS. In the case, an Illinois federal district court rejected a series of challenges to the 2-year delay by the city of Chicago in granting World Outreach Conference Center a single room occupancy (SRO) license for a former YMCA building it purchased. WOCC wanted to create "a Christ-oriented community center ... and ... provid[e] shelter to the needy and homeless by renting out the SRO units." The court dismissed plaintiffs' nine-count complaint which had alleged violations of RLUIPA, the free exerrcise and establishment clauses, the equal protection clause, Chicago's zoning law and the Illinois Religious Freedom Restoration Act.

Ballot Measure Results: Issues on Gay Marriage, Abortion and Stem Cells [UPDATED]

In yesterday's election, six ballot measures were of particular interest to some religious groups. In 3 states, bans on gay marriage were approved. In two states, abortion restrictions were defeated. In Michigan final results show passage of a proposed expansion of permitted stem cell research. The Secretary of State's website this morning is reporting different results than are tne news media:

• California's Proposition 8 banning same sex marriage passed by nearly 52% with most votes counted.
• Florida Marriage Amendment banning same-sex marriage passed by 62%.
• Arizona Proposition 102 banning same-sex marriage passed by 56.5%.
• Michigan proposal 08-102 to permit human and embryonic stem cell research, subject to various restrictions, passed by a 53% vote (99% of precincts reporting) according to reports by CNN and the Detroit Free Press . Earlier returns from the Secretary of State's office showing different results are just now being updated by that office.
• South Dakota's Initiated Measure 11 to prohibit abortions except where there is risk to life or substantial and irreversible health risk, or reported rape or incest, defeated by a 55% vote.
• Colorado Amendment 48 defining "person" to include any human being from the moment of fertilization, defeated by 73% (with 87% of precincts reporting) (CNN report).

See prior posting for links to texts of the ballot measures.

UPDATE: Also of relevance is the passage by an almost 57% vote (89% of counties reporting) of a ballot measure in Arkansas prohibiting adoptions or foster parenting by unmarried couples. Its backers were primarily concerned with barring adoptions by same-sex couples, though the amendment also covers heterosexual couples.

Settlement Reached In EEOC Suit Against University of Phoenix Online

Today's Arizona Republic reports that a proposed settlement has been filed in a religious discrimination lawsuit filed by the EEOC against Apollo Group Inc. The lawsuit alleges that the company's University of Phoenix Online discriminated against non-Mormon employees. The suit was brought on behalf of 52 enrollment counsellors who say Mormons were favored in sales, leads, promotions and tuition waivers. In the proposed settlement, University of Phoenix will pay damages of $1.89 million, the company will notify employees that it will not tolerate religious favoritism and will fire anyone who engages in it, the company will hire a diversity officer and the EEOC will monitor compliance for four years. The court must still approve the settlement which is believed to be the largest ever in an EEOC religious discrimination case.

Protective Appeal Filed In Green Bay Holiday Display Case

The Green Bay (WI) Press-Gazette today reports that an appeal has been filed with the U.S. 7th Circuit Court of Appeals in Freedom from Religion Foundation, Inc. v. City of Green Bay. Last month, without reaching the merits, a federal district court dismissed an Establishment Clause challenge to a nativity scene displayed last year at city hall because the city had enacted a moratorium on future displays. (See prior posting.) FFRF says it is filing the appeal in case City Council rejects a proposed resolution that would limit future displays to secular ones. (See prior posting.)

An Essay For Election Day

Today is, of course, an historically important election day in the United States. As we experience the day, this essay from Haaretz last week by Bradley Burston, titled "Voting As a Religious Experience" is worth a read. It is the reflections of the writer as he mails off his absentee ballot to California from a post office in Jerusalem. He says in part:

When you break it down, there is little in the act of voting that differs from the most pedestrian of bureaucratic errands. Yet there is something hugely humbling in this, something very close to the feeling of the Fear of God. There is majesty to it, and devotion and the palpable sense of affecting, if only in a small way - but directly - the world's course.

Ours is an age of congenital cynicism.... Still, there is something about voting that overpowers alienation and chronic disappointment and cosmopolitanism and cool.

California County Will Accommodate Muslim Women On Headscarves In Arrests

AP reported yesterday that San Bernardino County, California has settled a lawsuit brought by a Muslim woman who claimed her religious freedom was violated after her arrest when deputies required her to remove her hijab (headscarf). Under the settlement announced Monday, Muslim women who are arrested must be provided a private area to remove their headscarves and be provided with county-issued ones for use when they are in the presence of men. The suit was filed last December by the ACLU on behalf of Muslim Ph.D. student Jameelah Medina who was arrested-- but never charged-- when she was discovered to be riding a Los Angeles commuter train without a valid ticket. (See prior posting.) [Thanks to Blog from the Capital for the lead.]

Apartment Manager- Tenant Battle Over Statue of Jesus

In Muncie, Indiana, owners of an apartment complex are in a dispute with one of their tenants, Daniel Long. Long has put up a 4-foot tall statue of Jesus outside his apartment patio door, including a spotlight that casts a shadow of the statue on the building. The statue is in a prominent place on the Colonial Crest apartment complex, and overlooks the location where voters will be voting in today's election. According to yesterday's Muncie Star-Press, apartment manager Mike Desloover has asked Long to remove the statute, and tried to physically remove it when Long failed to do so. Citing the Federal Fair Housing Act, Desloover is concerned that the prominent statute might be seen as indicating the complex is not welcoming to non-Christians. Long says the statue is his personal statement. He thinks of Jesus 24 hours a day and wants to have Jesus with him all the time.

Iraqi Minority Religions Voted Some Representation On Provincial Councils

Yesterday, Iraq's Parliament cleared the way for Provincial Council elections in January by passing a bill guaranteeing a small number of seats to religious minorities. AFP and the Christian Post report that Christians protested when in September Parliament mandated new elections, but eliminated previously guaranteed seats for minorities. Parliament cited lack of census information since many Christians have fled the country. Yesterday's vote partially reverses the September decision. It gives one seat to Christians on the councils in Baghdad, Ninevah and Basra provinces; one seat for Yazidis and one for the Shabak in Ninevah; and one seat for Sabeans in Baghdad province. The United Nations last month proposed 12 seats for religious minorities, instead of the six that Parliament approved. Christians remain dissatisfied with the smaller number of seats.

Army Discharges Trainee Who Assaulted Target of Anti-Semitism

AP reported yesterday that the Army has now disclosed the non-judicial punishment it has imposed on an Army trainee who physically attacked a Jewish soldier who was also in basic training at Ft. Benning, Georgia. The victim, Pvt. Michael Handman, had complained about anti-Semitic harassment by two drill sergeants a few days before the assault on him. (See prior posting.) An Army spokesman said: "The soldier that was punished for the assault on Pvt. Handman has been processed for discharge from the Army."

Religious Issues Will Be Important In Upcoming Israeli Elections

Israel will be holding elections in February, and the Jerusalem Post reported last week that religious issues will be important in the election battle. One key issue is civil marriages. Currently only marriages performed by Jewish, Christian or Muslim religious authorities are permitted in Israel. Some 300,000 Israelis-- many Russian immigrants or their children-- have Jewish ancestry, but are not Jewish according to rabbinic law (because their mother was not Jewish and they did not convert according to Orthodox religious law). They are unable to marry inside the country. Also mixed marriages between Jews and non-Jews are not performed in Israel. In all of these cases, individuals have to travel outside the country to marry. Another item that may find its way into the campaign is a proposed reform of the way that rabbinic courts handle divorces. Some want to separate determination of financial issues from the giving of a get (a Jewish divorce document) by the husband. This may give courts more leverage to force husbands to sign a get. The resolution of these and other religious issues will depend on which religious parties are part of a majority coalition after elections. [Thanks to Religion and State in Israel for the lead.]

Morocco Bars French Magazine Issue On Relationship of Christianity and Islam

Moroccan Information Minister Khalid Naciri says the Moroccan government has banned the current issue of the French magazine L'Express International. According to an AP report yesterday, the step was taken under the press code (Code de la Presse, Art. 29) that allows the government to ban any publication offensive to Islam or the king. The offending issue contained articles exploring the relationship between Islam and Christianity. The cover was titled "The Jesus-Muhammad Shock." Editors of the magazine said they had gone to lengths to try to abide by Islamic norms in the Moroccan edition, cloaking the face of Muhammad with a white veil in a cover picture that also featured Jesus. In the edition on sale in France, Muhammad's face was not covered. A report on the L'Express website shows photos of both versions of the cover.

Ballot Measures In 6 States Watched By Religious Groups

At least six states on Tuesday have ballot measures that are being watched by religious groups. Here they are, along with links to the official ballot language for each proposal:

• Florida- Proposal 2- Marriage Protection Amendment.
• California- Proposition 8- Initiative to Eliminate Right of Same-Sex Couples to Marry.
• Arizona- Proposition 102- Constitutional Amendment Relating to Marriage.
• Michigan- Proposal 08-12- Proposed Constitutional Amendment on Human Embryo and Embryonic Stem Cell Research.
• South Dakota- Initiated Measure 11- To Prohibit Abortions Except in Cases Where the Mother's Life or Health Is At a Substantial and Irreversible Risk, and In Cases of Reported Rape and Incest.
• Colorado- Amendment 48- Definition of Person.

Saturday's American Chronicle has a report on ballot measures around the country.

New Articles and Book of Interest

From SSRN:

• Richard J. Ross, Puritan Godly Discipline in Comparative Perspective: Legal Pluralism and the Sources of 'Intensity', (American Historical Review, Vol. 113, pp. 975-1002, 2008).
• John Witte & Joel A. Nichols, More than a Mere Contract: Marriage as Contract and Covenant in Law and Theology, (University of St. Thomas Law Journal, Vol. 5, p. 595, 2008).
• Barbara P. Billauer, With Liberty and Justice for All: Abortion, Religious Freedom and the Constitution, (October 31, 2008).
• A. Scott Loveless, The Forgotten Founding Document, (October 23, 2008).
• Thomas Charles Berg, Religious Choice and Exclusions of Religion,(PENNumbra, 2008).
• Ben Saul, Wearing Thin: Restrictions on Islamic Headscarves and Other Religious Symbols, (FORCED MIGRATION, HUMAN RIGHTS AND SECURITY, pp. 181-212, J. McAdam, (ed), Hart Publishing, UK, 2008).
• Phiolmila Tsoukala, Marrying Family Law to the Nation, (October 23, 2008).

PLI:

• Steven H. Sholk, A Guide to Election Year Activities of Section 501(c)(3) Organizations, (in PLI Course Handbook, Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings, October 2008).

From SmartCILP and elsewhere:

• Daniel Dalton, The Religious Land Use and Institutionalized Persons Act Update, 40 Urban Lawyer 603-622 (2008).
• David F. Holland, Sovereign Silences and the Voice of War in the American Conflict Over Slavery, 26 Law & History Review 571-594 (2008).
• John S. Kane, Refining Chevron--Restoring Judicial Review to Protect Religious Refugees, 60 Administrative Law Review 513-591 (2008).
• Lena Salaymeh, Early Islamic Legal-Historical Precedents: Prisoners of War, 26 Law & History Review 521-544 (2008).
• Narendra Subramanian, Legal Change and Gender Inequality: Changes in Muslim Family Law in India [abstract], 33 Law & Social Inquiry 631-672 (2008).
• Eli Wald, The Rise of the Jewish Law Firm or Is the Jewish Law Firm Generic?, 76 UMKC Law Review 885-938 (2008).
• John Witte, Jr. Rights, Resistance, and Revolution in the Western Tradition: Early Protestant Foundations, 26 Law & History Review 545-570 (2008).
• The full text of Volume 47, No. 2 (2008) of the Journal of Catholic Legal Studies is available online. It includes a Symposium on Catholic Teaching, Catholic Values, And Catholic Voters: Reflections On Forming Consciences For Faithful Citizenship, as well as articles on migration, just wars, and economic ordering.
• Journal of Church & State, Vol. 50, No. 3 (Summer 2008) has recently been published. The Table of Contents is online.

Recent Book:

• Tarek Fatah, Chasing a Mirage — The Tragic Illusion of the Islamic State, (John Wiley & Sons, May 2008), reviewed in Pakistan's Daily Times and Haaretz.

Muslim Group To Meet In Vatican On Interfaith Relations

Common Word, a group of Muslim leaders and scholars, will meet for three days beginning tomorrow in the Vatican with Catholic officials including the Pope. Reuters today reports that the group wants to develop better interfaith relations, including a joint crisis management plan that could diffuse tensions such as those that arose in 2006 after a Danish newspaper published cartoons of the Prophet Muhammad. The group would also speak out against persecution of Christians in Iraq. The group has previously met with Protestant leaders. It was formed, issuing the Common Word manifesto, last October partly in response to a speech by Pope Benedict XVI in Regensburg that was seen by Muslims as offensive.

Presidential Campaigns Target Church Members Yesterday

Yesterday, according to the AP, volunteers for both the Obama and McCain campaigns attempted to bring their candidates' messages to churches as Tuesday's election approaches. In order to comply with IRS rules, the campaigns did not involve the churches, but instead asked individual supporters who are church members to distribute candidate messages. The McCain campaign distributed literature and recruited volunteers for last-minute phone banks. The Obama campaign asked members of black churches in battleground states to read a "nonpartisan letter" from Obama during church announcements.

India's Tribal Religions Want Separate Census Recognition

Today's Calcutta Telegraph reports that in India, members of nature worshipping tribal religions in the state of Jharkhand are demanding that they be identified separately in census records. Currently they are generally included in census records as Hindus, Muslims or Christians, but they say they have their own set of customs and traditions and should be recognized as a separate minority religion.

Malaysia About To Bar Muslims From Practicing Yoga

According to today's Brunei News, on Friday Malaysia's National Fatwa Council will issue a ruling barring Muslims in the country from practicing or teaching yoga. The country's Department of Islamic Development undertook a 6-month study of the practice after Zakaria Stapa of Universiti Kebangsaan, Malaysia's Islamic Studies Centre, said yoga could lead Muslims to deviate from Islamic teachings. Supporters of yoga, which has Hindu origins, say it can be practiced without religious content. An op-ed in today's Malaysia Star by a Muslim who practices yoga for relaxation and to control back pain takes strong issue with the proposed fatwa. [Thanks to Scott Mange for the lead.]

Canadian Court Concerns Over Kirpan Lead To Testimony Via Teleconference

In Canada, a Calgary, Alberta judge has ruled on a compromise arrangement to obtain trial testimony by a Sikh man who was originally refused entrance into the Court of Queen's Bench because he refused for religious reasons to remove his kirpan (ceremonial sword). Yesterday's Calgary Herald reports that Justice Bryan Mahoney will now permit Tejinder Singh Sidhu to testify by video conference. Sidhu was a witness to a fatal car crash in 2006. Court security procedures bar anyone taking into court an object that could be used as a weapon.

Children Taken In Anti-Polygamy Raid 50 Years Ago Want Apology

Fifty years ago, Utah officials took Vera Black's seven children and threatened to place them in adoptive homes because Black refused to renounce polygamy. The Salt Lake Tribune reported yesterday that Black's children are now asking the state to apologize to their elderly mother while she is still alive. Vera and her husband Leonard were targeted as part of a 1953 raid which unsuccessfully attempted to end polygamy in Short Creek, Utah and Colorado City, Arizona. In their 1954 trial, the Blacks said they had not lived together since the raid, but because they refused to renounce plural marriage the court found that their home was an "immoral environment" and ordered their children into foster care. Prosecutors pointed out that 5 of Leonard Black's older daughters were in plural marriages. After the appeal process had run its course, the state took custody of the seven children in January 1956. Six months later, in order to avoid the children being placed for adoption, Vera announced that while she still believed in polygamy, she would "discourage my children from entering into polygamous marriages as long as the state has laws against it." The state returned the children to Vera. One of the daughters, Lillian, said that the six months away only "made us love our parents and our religion much more."

Recent Prisoner Free Exercise Cases

In Garrison v. Dutcher, 2008 U.S. Dist. LEXIS 85727, (WD MI, Aug. 14, 2008), a Michigan federal magistrate judge recommended dismissal of an inmate's RLUIPA and free exercise challenges to delays in delivering him spiritual herbs mailed to him, and the mail room's rejection of a Bible mailed to him because it was sent by an unauthorized vendor.

In McQuiter v. Burnett, 2008 U.S. Dist. LEXIS 74909 (WD MI, Sept. 29, 2008), a Michigan federal district court adopted in part a magistrate's recommendations, 2008 U.S. Dist. LEXIS 85739, (July 30, 2008). The court agreed that summary judgment should be granted to defendants because valid reasons exist to refuse to provide prisoner plaintiff a Kosher diet. Prison officials found that plaintiff's lack of knowledge about his claimed religious beliefs indicated a lack of sincerity. However the court rejected the magistrate's conclusion that Plaintiff may assert individual capacity claims under RLUIPA.

In Mann v. Wilkinson, 2008 U.S. Dist. LEXIS 86606, (SD OH, Sept. 17, 2008), an Ohio federal district court held that an inmate's claim regarding officials' refusal to return to him a pamphlet setting out the Christian Identity Church's doctrinal statement of beliefs is now moot. The pamphlet has been returned to him and changes in the screening process for religious literature make future withholding of religious publications is certainly unlikely. (See prior related posting).
In Wiley v. Glover, 2008 U.S. Dist. LEXIS 87185, (MD AL, Sept. 3, 2008), an Alabama federal magistrate judge recommended dismissal of a claim by a Hebrew Israelite prisoner that his free exercise rights were violated by the jail's hygiene policy requiring him to have short hair. On Oct. 17, (2008 U.S. Dist. LEXIS 83979), the court vacated its earlier adoption of the magistrate's recommendations and gave plaintiff until Nov. 3 to file objections to the magistrate's report.

In Vazquez v. Brown, 2008 U.S. Dist. LEXIS 87993, (D NJ, Oct. 30, 2008), a New Jersey federal district court denied a preliminary injunction to a prisoner of the Santeria faith who was denied a consecrated beaded necklace, and was required to obtain religious oils through the prison chaplain instead of having them mailed directly.

In Maier v. Mavrinac, 2008 U.S. Dist. LEXIS 87949, (D MT, Oct. 30, 2008), a Montana federal district court dismissed a prisoner's free exercise claim regarding conditions of administrative segregation because plaintiff had been transferred out of the correctional facility about which he complained.

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.