Recently Available Prisoner Free Exercise Cases

In Rivers v. McConnell, (3d Cir., Dec. 17, 2008), the U.S. 3rd Circuit Court of Appeals dismissed a frivolous an appeal by a prisoner who claimed, among other things, free exercise violations stemming from action taken against him after he made death threats against county officials in a pleading in a child custody case.

In Roddy v. West Virginia, 2008 U.S. Dist. LEXIS 100595, (ND WV, Dec. 11, 2008), a West Virginia federal district judge adopted a magistrate's recommendation that a prisoner's claim be dismissed for failure to exhaust administrative remedies. Plaintiff claimed that certain Native American religious items were seized from him upon entry to prison. The case was on remand from the 4th Circuit. (See prior posting.)

In Rust v. Nebraska Department of Correctional Services Religion Study Commission, 2008 U.S. Dist. LEXIS 100823 (D NE, Dec. 1, 2008), a Nebraska federal district court allowed two prisoners to proceed pro se (but not as class representatives) in their claims that prison officials refused to provide them separate time and space for Theodish worship and failed to provide certain religious items for them.

In Gillet v. Anderson, 2008 U.S. Dist LEXIS 59557 (WD LA, Aug. 3, 2008), a Louisiana federal district court accepted a magistrate judge's recommendation (2008 U.S. Dist LEXIS 77273, July 11, 2008) to dismiss a prisoner's suit for failure to exhaust administrative remedies. Plaintiff was seeking access to Hermetic Gnostic books, organizations and services. The complaint was dismissed with prejudice to its refiling in forma pauperis.

In India, Tribals Protest Ban On Religious Hunting Ritual

Today's Calcutta Telegraph, following up on an article published last month, reports on the problems that followers of the tribal Sarna religion in India are having in carrying out one of their key rituals-- the Sendra. In the Indian state of Jharkhand, the Jharkhand Raksha Sangh is trying to revive the Sendra-- a ritual that involves fasting and then hunting animals. However the Jharkhand Forest Department is banning followers from hunting in the Dalma region, which includes a large wildife sanctuary. Apparently the ban relies on Section 144 of the Indian Code of Criminal Procedure (orders to prohibit apprehended danger). Friday, supporters held a protest in front of the East Singhbhum deputy commissioner's office. Jharkhand Raksha Sangh leaders have submitted a memorandum to the President of India claiming that the restriction violates their rights to freedom of conscience and religion protected by Art. 25(1) of the Indian Constitution. They say they will file a lawsuit in India's Supreme Court if the district administration does not permit them to practice their traditional rites.

Last Trial Court Decision Issued In Virginia Episcopal Church Litigation

In In Re: Multi-Circuit Episcopal Church Property Litigation, (VA Cir. Ct., Dec. 19, 2008), a Virginia state trial judge issued a letter opinion deciding the remaining eight issues outstanding in the elaborate litigation involving eleven break away Episcopal (now Anglican) congregations which are seeking to retain control of their church buildings and property. The churches filed petitions under Virginia's "Division Statute" seeking adjudication of their ownership of various properties. The decisions handed down in this latest opinion, with one exception, reaffirm prior holdings that the properties belong to the congregations, not to the Episcopal Church USA and the Diocese. However the court did hold that ownership of a Falls Church endowment fund that was in dispute was not covered by the the congregation's petition under the Division Statute, and adjudication of its ownership would be decided in a pending declaratory judgment action.

Episcopal News Service, the Christian Post, and AP report on the decision, and indicate that an appeal is likely. (See prior related posting.) Links to all the extensive pleadings and opinions in the litigation are available from the website of the Diocese of Virginia.

6th Circuit OK's Exclusion of Religious Work From Military Post-Retirement Credit

In Bowman v. United States, (6th Cir., Dec. 18, 2008), the U.S. 6th Circuit Court of Appeals rejected a claim by a retired Air Force sergeant that he was wrongly denied participation in a program that credited extra years toward military retirement benefits for post-separation public and community service. Linden Bowman sought credit in the program for service as a lay intern and a youth minister in a local church. Defense Department regulations allow credit for work with non-profit religious organization only if the work is unrelated to religious instruction, worship services or proselytizing. The court held that this provision is consistent with the Congressional statute authorizing the community service program. The court also held that the limitations did not infringe Bowman's free exercise rights and did not amount to religious discrimination. Applying a rational basis analysis to Bowman's equal protection challenge, the court held that Congress' limiting of the program to public service involving critical community needs passes the rational basis test.

Americans United issued a release applauding the decision which affirmed the trial court. (See prior posting).

Court Adjudicates Competing Claims For Control Of Baptist Church

In Premiere Eglise Baptiste Haitienne de Manhattan (First Haitian Baptist Church of Manhattan) v. Joseph, (NY App. Div., Dec. 18, 2008), a New York state appellate court rejected a claim by George Joseph that he had authority over a congregation's temporal affairs by reason of a power of attorney given to him by his father, a former pastor of the church. Under a stipulation growing out of prior litigation, Joseph's father (now deceased) was made merely a "counseling pastor" with only advisory powers. Thus he lacked the authority to transfer church control to his son. The court also upheld the trial court's injunction prohibiting Joseph, whose membership in the church had been terminated, from disturbing worship services. The court held that as a Baptist church, the congregation has control over spiritual matters, including termination of membership for violation of church discipline. [Thanks to J.J. Landa for the lead.]

Amish Landowner Loses In Prosecution for Refusing To Install Septic System

In State of Ohio v. Bontrager, (OH Munic. Ct., June 24, 2008), decided several months ago by the Trumbull County, Ohio Municipal Court, but just made available online, an Amish man lost his battle with county Board of Health officials. Adam Bontrager refused to install a required septic system on his property because it would require the use of electricity which was prohibited by his religious beliefs. In defending criminal charges brought against him, Bontrager argued that the free exercise provisions of Ohio's Constitution (Art. I, Sec. 7) protected him. The court held that while Ohio applies strict scrutiny even to neutral laws of general application, here the state had a compelling interest in prohibiting the discharge of untreated sewage. Bontrager was convicted and fined $50.

City Settles RLUIPA Suit-- Church and City Both Get Money From Insurer

After months of negotiations (see prior posting), under pressure from the Illinois Counties Risk Management Trust (ICRMT), its insurer, Carlinville, Illinois City Council has finally approved an agreement settling a lawsuit brought against it by the Carlinville Southern Baptist Church. The Southern Baptist group wants to use a former Wal-Mart building, zoned for commercial use, as a church, and sued under RLUIPA as well as the 1st and 14th Amendments when it was refused permission to do so. According to Friday's Alton (IL) Telegraph, last Monday, City Council implemented the settlement by adopting an ordinance granting a special use permit to the church. The church will receive a check from ICRMT for $125,000. Interestingly, the city itself will receive from ICRMT a check for $50,000 to compensate it for its loss of economic development opportunities. The $50,000 might be used to explore forming a tax increment financing district in Carlinville.

Idaho University Sued Over Denial of Funding To Student Religious Groups

In Idaho, six students have filed suit in federal district court against Boise State University challenging University rules that preclude student religious organizations from receiving funding from student activity fees. The University contends that the exclusion is required by the provision in Idaho's Constitution (Art. IX, Sec. 5) barring state monies from going to religious institutions. Plaintiffs, represented by the Center for Law and Religious Freedom, say that the University policy amounts to viewpoint discrimination in violation of the free expression provisions of the U.S. Constitution. The complaint in Cordova v. Laliberte, (D ID, Dec. 17, 2008), and plaintiff's brief in support of motion for preliminary injunction are available online. Yesterday's Deseret News reported on the lawsuit.

HHS Adopts Final "Conscience Rules" To Protect Health Care Providers

The Department of Health and Human Services published in today's Federal Register the final version of its "conscience rules" that protect health care providers who have moral or religious objections to performing or furnishing particular services. (HHS News Release.) The Federal Register release titled Ensuring That Department of Health and Human Services Funds Do Not Support Coercive or Discriminatory Policies or Practices in Violation of Federal Law provides that the new rules take effect January 20, 2009-- just before the change in administrations.

The new rules protect institutional health care providers as well as individual employees of HHS grant recipients. Certain health care providers must certify their compliance with the new regulations. The rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. Slightly different constraints apply to different categories of funding recipients. One provision prohibits entities that receive HHS research grants from discriminating in employment against employees who refuse to take part in the research on the ground that it "would be contrary to his religious beliefs or moral convictions, or because of the religious beliefs or moral convictions concerning such activities themselves." The rules also encourage providers to disclose clearly to their patients what services they do and do not provide.

Reporting on the new rules, today's Washington Post says that "officials at hospitals and clinics predicted the regulation will cause widespread disruptions...." The paper speculates that clashes over the new rules could become more intense if embryonic stem cell therapies expand. the rules were published for comment last August. (See prior posting.)

Texas Town Uses Christianity In School Football Program

The Sherman, Texas Herald Democrat reported Wednesday on the continued use of Christianity in the football program of the Celina, Texas public schools. At the end of a recent game, players from Celina and opponent Liberty Hill joined hands to recite the Lord's Prayer. Celina coach Butch Ford said: "Our goal (against Liberty Hill) was to play with the joy of the Lord in our heart so we'd play excited all of the time, and we wouldn't be down no matter what happened...." In 1999, Celina's prior coach defied a court order to lead a pre-game prayer. One of the Celina team's players said: "In our community we stress God and Jesus very, very much.... I've never lived anywhere else in my life, but people who move in say there's no other place like Celina."

Arizona Bar Considering Expanding Oath To Assure Proper Representation of Gays

Yesterday's Yuma Sun reports that the State Bar of Arizona is considering expanding the non-discrimination oath that lawyers now take to include sexual orientation. Currently each lawyer admitted to the bar is required to sign an oath that he or she "will not permit considerations of gender, race, age, nationality, disability or social standing to influence my duty of care." While bar president Ed Novak says the new oath would merely require an attorney who takes on a case to represent the client without regard to the attorney's personal views on homosexuality, 31 attorneys have written a letter to the Bar objecting. They say the oath is so broad that it might require attorneys to accept cases that violate their moral beliefs. Novak, however, says that lawyers should not take on cases if they feel they cannot properly represent the client's interests.

Illinois Supreme Court Says Challenge To Pharmacy Rules May Move Ahead

In Morr-Fitz, Inc. v. Blagojevich, (IL Sup. Ct., Dec. 18, 2008), the Illinois Supreme Court in a 5-2 decision, overturned lower courts and held that plaintiffs had stated a justiciable challenge to a State Board of Pharmacy rule that requires pharmacies to dispense the "morning after pill" even if pharmacists or pharmacy owners have a conscientious objection to doing so. While the lawsuit was pending, the state amended its rule to permit objecting pharmacists to avoid dispensing the drug if a pharmacist at a remote locations authorizes a non-pharmacy employee to sell the drug to a customer. The Court summarized its holding as follows:

Plaintiffs are two licensed pharmacists and three corporations that own and operate pharmacies.... [T]he pharmacists brought this preenforcement challenge ... [claiming] that this rule is null and void on its face as in violation of the first amendment and statutory law....

In this decision, the ... Court held that the action was ripe for judicial review and should not have been dismissed. It held that legal issues were presented that did not require agency expertise and that the stores had shown disruption of their business despite the absence of actual enforcement. The requirement that administrative remedies must be exhausted before filing suit in circuit court was not applicable here....

The dissenters argued that plaintiffs had failed to exhaust their administrative remedies before filing suit. AP yesterday reported on the decision. (See prior related posting.)

UN General Assembly Passes Defamation of Religion Resolution With Less Support

Yesterday, the United Nations General Assembly-- for the fourth year in a row-- passed a resolution urging member states to take action against defamation of religions and religious hatred. Reuters reports that the resolution, supported by the Organization of the Islamic Conference, passed by a vote of 86 to 53 with 42 abstentions. This was significantly less support that the resolution garnered last year. Many Western countries and Christian advocacy groups have strongly opposed the resolution, arguing that it improperly restricts freedom of expression. Earlier this week, NPR's Morning Edition had a segment on the resolution (audio recording). (See prior related posting.)

Judgments Threaten To Bankrupt Vermont Catholic Diocese

A jury in a Vermont state court on Wednesday decided that the Roman Catholic Diocese of Burlington, Vermont is liable for damages of $3.6 million for negligence in hiring and supervising Edward Paquette, a pedophile priest. The Rutland Herald reports that this, along with other judgments, threaten to bankrupt the Diocese. Earlier this year, in a case involving a different plaintiff who was also abused by Paquette, a jury awarded damages of $8.7 million. Another 25 cases involving Paquette and other sexual abusers are still unsettled. The Diocese is litigating with an insurance company attempting to get some coverage for its losses from a policy that was in effect from 1972 to 1978. A judge has already put a lien on the Diocese headquarters building in Burlington.

Magazine Publishes Long Interview With Archbishop of Canterbury

New Statesman yesterday published a long interview with Rowan Williams, the Archbishop of Canterbury. The interview came from a series of meetings over the last year between Williams and reporter James Macintyre. Williams "spoke about sharia law, capitalism, the disestablishment of the Church, and his love of The West Wing."

Mukasey Recusal From Madoff Case In Part Because of Ties To Defrauded Jewish Organizations

In yet another twist, reported yesterday by the New York Times and Cityfile, Attorney General Michael Mukasey has recused himself from all Justice Department investigations into the massive Bernard Madoff securities fraud. One reason is that Mukasey's son, Marc, is a defense attorney representing Frank DiPascali, a top financial officer at Madoff's investment firm. (AP). However there are other reasons as well. Mukasey had close ties to two non-profit organizations that were victims of the Ponzi scheme. Mukasey's synagogue, Congregation Kehilath Jeshurun on the Upper East Side of New York, had invested $3.5 million with Madoff. Its affiliated Jewish day school, Ramaz, had $6.5 million invested with Madoff. According to Wikipedia, Mukasey was a 1959 graduate of Ramaz. At a later date, Mukasey's wife, Susan, was a teacher and headmistress of the Ramaz lower school. Also both of the Mukasey children attended the school. (See prior related posting.) [Thanks to Above the Law for the lead.]

Court Says Rabbis' Homes Qualify For NJ Parsonage Exemption

In Mesivta Ohr Torah of Lakewood v. Township of Lakewood, (NJ Tax Ct., Dec. 10, 2008), the Tax Court of New Jersey held that two homes owned by a religious organization are entitled to the parsonage exemption from property tax under New Jersey law (NJSA 54:4-3.6). The Tax Court found, that "while the synagogue is situated on school property and in a building that also houses educational pursuits, plaintiff maintains a separate and independent synagogue at the facility." It went on to hold that the parsonage exemption is available even though the congregation collected rent from the clergy occupying the houses, and that the receipt of federal Section 8 housing assistance does not preclude the exemption. The court rejected the argument that granting tax exempt status to the properties while receiving federal subsidies would constitute an endorsement of religion by the federal government.

Court Refuses To Reonsider Opinion In UW Catholic Foundation Case

In Roman Catholic Foundation, UW Madison, Inc. v. Regents of the University of Wisconsin System, 2008 U.S. Dist. LEXIS 101390 (WD WI, Dec. 16, 2008), a Wisconsin federal district court denied plaintiffs' motion for reconsideration in a case plaintiffs had largely won challenging the constitutionality of the University's refusal to fund certain or its activities out of student fees. (See prior posting.) The Roman Catholic Foundation unsuccessfully attempted to convince the court to reverse its holdings that defendants have qualified immunity, that plaintiffs were not entitled to monetary relief, that the University's discrimination was content-based (not viewpoint based), and that plaintiffs are entitled to declaratory relief but not an injunction.

Obama's Selection For Inauguration Invocation Creates Controversy

Barack Obama yesterday created one of the earliest controversies of his upcoming administration by inviting pastor Rick Warren, author of the popular book, The Purpose-Driven Life, to deliver the invocation at his inaugural. Warren is the founder of Lake Forest, California's Saddleback Church at which Obama and McCain held a candidate forum in August. CNN reports that the selection of Warren has particularly incensed gay rights supporters. Warren backed California's Proposition 8 banning same-sex marriage.

An Obama spokesperson defended the choice of Warren as an attempt to make the inauguration inclusive, even though Obama disagrees with Warren's views on gay rights. The Boston Globe says that "Warren has been a forceful advocate for reordering evangelical priorities.... [H]is public priority has been combating AIDS in Africa, and he has criticized the politicization of evangelical Protestantism." Dan Gilgoff of U.S. News says that this "is an early taste of the Democrats' post-election effort to reach evangelical Americans."

The benediction at the inauguration will be delivered by the 87-years old civil rights leader, Rev. Joseph E. Lowery, co-founder of the Southern Christian Leadership Conference. Yesterday's Atlanta Journal Constitution says that Yale poet Elizabeth Alexander will read a poem before Lowery's closing prayer. The Washington Post yesterday published the full schedule of the inauguration ceremony.

UPDATE: Here is an excerpt from a controversial Beliefnet interview with Pastor Rick Warren on the issue of gay marriage. Many opponents of Warren's participating in the inauguration point to language in this interview as being particularly insulting to gays and lesbians.

UPDATE2: AP reported on Sunday that Pastor Rick Warren defended the invitation extended to him to deliver the invocation at the Inaugural. In a speech to the Muslim Public Affairs Council annual convention in Long Beach (CA), Warren said that he loves people of other religions, of both political parties and he also loves "gays and straights."

UK Charity Commission Issues New Guidance For Religious Groups

Under Britain's Charities Act 2006, to qualify as a charity, a group must have charitable purposes that are for the "public benefit". (Background). In February, the Charity Commission (which regulates charities in England and Wales) issued for comment a supplementary guidance document titled Public Benefit and the Advancement of Religion. In a news release yesterday, the Commission announced that, following these public consultations, it is now releasing four supplementary public benefit guidance documents. They cover charities whose aims include preventing or relieving poverty, or advancing education or religion, and those that charge fees.

The guidance titled The Advancement of Religion for the Public Benefit provides that in order to qualify as a religious charity, an organization must advance religion. It will not qualify as charitable if its aims are political. However "charities can campaign for a change in the law, policy or decisions where such change would support the charity’s aims. Charities can also campaign to ensure that existing laws are observed."

The guidance goes on to provide that in assessing public benefit, the Charity Commission must also look at any "detriment or harm" that may flow from the organization carrying out its aims. Annex C to the Guidance sets out four potentially controversial examples of detriment or harm. It suggests that proselytizing in a country where that activity is illegal could be detrimental where it exposes the group's staff or volunteers to harm. In some cases refusal to permit medical treatment, as well as promoting hatred or violence and restricting adherents' personal choice to change their beliefs or leave a religion, could all be detrimental. Religious Intelligence reported on the new guidance document yesterday. (See prior related posting.)

Court In Ghana Restrains Town's Small Mosques From Using Microphones

In Ghana, according to Monday's Ghanain Chronicle , the Presiding Magistrate at Kete-Krachi district court has ordered nine mosques in the Kete-Krachi township to stop using microphones during their worship. An ex parte motion requesting the order was filed by the Paramount Chief of the Krachi traditional area. The court held that the mosques create excessive noise in violation of an anti-noise law. Four major mosques are still permitted to use microphones. The restraining order applies to a group of small mosques, each with six to eight worshippers, created by individual families which are contending among themselves for chieftancy positions.

Israel-Vatican Negotiations On Taxes, Property Resume

In Jerusalem yesterday, two days of negotiation began between Israel and the Holy See in the nearly ten-year effort by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status and agree on protection of Church properties and ownership of several sacred sites. Asia News reported yesterday that the negotiations are being held amidst rumors of a planned trip by Pope Benedict XVI to Israel next May-- a visit that the Israeli government strongly supports. At issue in the long-running negotiations are differences over the implementation of the 1993 Fundamental Agreement between the Holy See and Israel. While mutual recognition treaties were signed by Israel and the Vatican in 1993 and 1997, negotiations on details have never been completed. (See prior posting.)

"Ask the White House" Session Is On Holidays At the White House

On Tuesday, Anita McBride, Laura Bush's chief-of-staff, answered questions online about "Holidays at the White House" (full transcript). The online forum is part of the regular "Ask the White House" series hosted on the White House website. Questions included: "How many ornaments are usually on the White House Christmas Tree and how long did it take to put it up?" and "How did Mrs. Bush decide what kind of decorations she wanted?"

In Spain, Prosecutor's Office Removes Nativity Scene After Objections

Argument over nativity scenes and church-state separation are not limited to the United States. AFP reported yesterday that in Madrid, Spain, a small nativity scene at the state prosecutor's office led to objections from a top judge who objected that it violated the church-state separation guaranteed by Spain's 1978 Constitution. Supporters were unsuccessful in arguing that the nativity scene was a cultural symbol rather than a religious one, and it was taken down on orders of an official in the prosecutor's office. Catholic symbols remain prominent in Spain, 30 years after the end of Francisco Franco's dictatorship which treated Catholicism as a state religion. Currently Spain's Socialist government is drafting a new law on religious freedom that will give greater support to religious diversity and secularism.

Art. 16(3) of Spain's Constitution provides: "No religion shall have a state character. The public powers shall take into account the religious beliefs of Spanish society and maintain the appropriate relations of cooperation, with the Catholic Church and other denominations."

Namibia High Court Holds Newspaper Liable For Defaming Church

The High Court of Namibia last week awarded the equivalent of about $6,000 (US) for injury to reputation to a church that was defamed by an article published in a Namibian weekly newspaper, the Southern Times. In Universal Church of the Kingdom of God v. Namzim Newspaper (Pty) Ltd, (Namib. High Ct., Dec. 9, 2008), the court ruled in the case in which the plaintiff church objected to a front-page headline in the paper reading: "State bans Satanic sect" along with a picture of its church building. The article inside the paper makes it clear that it was Zambia, not Namibia, that banned the church. Holding that strict liability in defamation cases involving the media would be inconsistent with the Namibia constitution's provisions protecting freedom of speech, expression and the press, the court held that the newspaper could defend if it showed the material published was true and in the public interest. Here the defendant failed to show that the material was true. Informante reported on the court's decision last week.

Emory Law and Religion Lectures Available For iPods

In its latest e-mail newsletter, Emory University's Center for the Study of Law and Religion announces that a series of more than 75 lectures on law and religion that were delivered over the last five years are now available free-of-charge as downloadable MP3 files through iTunes U (part of Apple's iTunes Music Store). A release on the Center's website from several weeks ago gives greater details. The lectures can be accessed in the following topical files: religion and family, religion and human rights, separation of church and state, and law and religion issues.

Indian Political Leader Fired From State Cabinet Over Conversion of Convenience

In the Haryana state in northern India, Deputy Chief Minister Chander Mohan has been thrown out of the cabinet after he converted from Hinudism to Islam in order to marry a second woman. As reported by the Malaysian Insider yesterday, Mohan, a Congress Party leader, had been married many years to his first wife and they had two children. However, now he is in love with Anuradha Bali who was the assistant advocate-general of Haryana before she was also recently fired over the matter. Both Mohan and Bali (who has now adopted the name Fiza) used a ploy common in India to avoid messy divorces under the Hindu Marriage Act-- conversions of convenience to Islam where more than one wife is permitted. However, Islamic scholar and Law Commission member Tahir Mahmood said that kind of conversion by a married Hindu is illegal.

Justice Department Asked To Investigate Georgia Courthouse Exclusion of Hijabs

According to a release yesterday by the Council on American-Islamic Relations, the group has asked the U.S. Justice Department to look into a series of incidents in Georgia in which Muslim women were prevented from entering courtrooms wearing Islamic headscarves (hijabs). The latest incident took place yesterday in Douglasville, Georgia. Apparently a woman wearing her hijab wanted to enter the courtroom in connection with a matter related to her nephew's traffic citation. A bailiff in the security area told her she could not do so. She responded by uttering an expletive as she attempted to leave. Reportedly, the bailiff then handcuffed her and took her to the judge's chambers where she was sentenced to jail for 10 days for "contempt." Local Muslims say there have been at least two other incidents of Muslims being excluded from that courthouse because of their clothing.

Wisconsin Suit Will Challenge Nativity Scene At Courthouse

The Freedom from Religion Foundation plans to file a lawsuit today challenging a nativity scene displayed on the courthouse lawn in Manitowoc, Wisconsin. WBAY-TV News reported yesterday that the display has been up every year for the last 62 years. The nativity scene is owned by the Manitowoc County Catholic Women's Club. County Executive Bob Ziegelbauer said that while there are no other displays along with the nativity scene, that is because he has received no other applications. He says other groups are welcome to put up displays as well-- all they have to do is ask.

UPDATE: Here is the full text of the complaint in Freedom from Religion Foundation, Inc. v. Manitowoc County, Wisconsin, (ED WI, Dec. 17, 2008).

Justice Department Gives Records To US Holocaust Museum

On Tuesday, U.S. Attorney General Michael B. Mukasey spoke at the U.S. Holocaust Memorial Museum (full text of remarks) to draw attention to the Justice Department's donation to the Museum of more than 50,000 pages of records from 40 denaturalization, extradition, and removal cases against World War II Nazi war criminals. The cases were all brought by the Justice Department's Office of Special Investigations after it was formed in 1979. Mukasey said:

these documents serve the dual need of this Museum: to assure that the world does not forget the particularity of the Holocaust - the attempt to eradicate Jews because they were Jews - while at the same time enabling the world to draw general lessons from what is displayed and documented here.

A duplicate set of the papers will be donated to Yad Vashem, Israel's Holocaust museum and memorial.

Sikhs Challenge French Ban on Turbans At UN Human Rights Commission

A petition was filed Monday with the United Nations Human Rights Commission against the French government by the advocacy group United Sikhs. The petition, on behalf of three individuals, challenges a French law that bans the wearing of turbans in schools, and in photos for government identification documents. The petition claims that France is denying Sikhs human rights guaranteed by Articles 2, 17, 12, 18, and 26 of the International Covenant on Civil and Political Rights. One of the petitioners was expelled from school for wearing a turban; one cannot get public health services without an ID card; and the third was refused renewal of ID documents. Kuldeep Singh, of the United Sikhs, said: "Under the ICCPR, France may restrict these fundamental rights on only the most compelling grounds, and may do so only so far as absolutely necessary." Last month, the European Court of Human Rights in Singh v. France [decision in French], (Nov 13, 2008), rejected a similar claim. SamayLive and The Times of India yesterday both reported on the petition.

USCIRF Issues New Report on Religious Freedom In Iraq

The U.S. Commission on International Religious Freedom today issued a report on religious freedom concerns in Iraq, and (over the dissent of four commissioners) recommended that Iraq be designated as a "country of particular concern" under the International Religious Freedom Act. USCIRF's press release summarizes the full report which focuses on both intra-Muslim violence and abuses against non-Muslim minority groups (particularly Christians, Mandaeans, and Yazidis). Commission Chair Felice D. Gaer said: "The lack of effective government action to protect these communities from abuses has established Iraq among the most dangerous places on earth for religious minorities." The Commission unanimously recommended a series of steps in eight different areas that need to be taken in order to improve the religious freedom situation in the country. (See prior related posting.)

Correction

Earlier today I had up a posting on a US House resolution honoring Christmas. That was a resolution passed last year, not this year. The post has been removed. Sorry for the confusion.

Establishment Clause Challenge to AIG Bailout Cites Shariah-Compliant Products

A press release from the Thomas More Law Center announced the filing yesterday of an Establishment Clause challenge to the federal bailout of the giant AIG insurance company (American International Group, Inc.). At issue is the $40 billion in federal taxpayer funds given to AIG in exchange for preferred stock. The funds were part of the Troubled Asset Relief Program authorized by Congress. The lawsuit (brought on behalf of a Catholic Marine veteran who served in Iraq and Kuwait) centers on the fact that one of AIG's subsidiaries offers Shariah-compliant financial products and business plans, such as Takaful Insurance. The complaint in Murray v. Paulson, (ED MI, filed 12/15/08) (full text) argues that by reason of the large federal ownership interest in AIG, the federal government is a joint participant in all the business activities of the company. The complaint goes on to allege:

The Takaful Insurance business of AIG is pervasively sectarian. Its secular purposes and its Shariah-based Islamic religious mission are inextricably intertwined. Consequently, federal aid in the form of taxpayer funds is flowing directly to a pervasively sectarian entity.

Business Week, reporting on the case, quotes University of Louisville law professor Sam Marcosson who characterized the Establishment Clause claim as "preposterous."

President Hosts Annual White House Hanukkah Reception

Yesterday evening, President Bush hosted his annual Hanukkah reception in the Grand Foyer of the White House. In his remarks (full text), the President said in part:

This Hanukkah we celebrate another miraculous victory -- the 60th anniversary of the founding of the state of Israel. When President Harry Truman led the world in recognizing Israel in May of 1948, many wondered whether the small nation could possibly survive.... Like the Maccabees, Israel has defended itself bravely against enemies seeking its destruction. And today, Israel is a light unto the nations -- and one of America's closest friends.

This evening, we have the great privilege of celebrating Israel's 60th anniversary and Hanukkah in a very special way. Thanks to the generosity of the Truman Library, we are fortunate to light the menorah presented to President Truman in 1951 as a symbol of friendship by Israel's first prime minister, David Ben-Gurion.

After the President's speech, the Truman menorah was lit by the grandson of Harry Truman and the grandson of David Ben-Gurion. A video of the entire program is available on the White House website.

7th Circuit: Muslim Lawyer's Discrimination Claim Should Go To Trial

In Hasan v. Foley & Lardner LLP, (7th Cir., Dec. 15, 2008), the U.S. 7th Circuit Court of Appeals reversed an Illinois federal district court's grant of summary judgment for defendant in a religious/ national-origin employment discrimination case. Plaintiff, a Muslim of Indian descent, was employed as an associate in a Chicago law firm until he was fired in late 2002. He claims that the firm began to treat him differently after the 9-11 terrorist attacks. The court held that the "mosaic of evidence"presented, along with other unresolved questions of fact, are enough that plaintiff should have survived a summary judgment motion made against him. Wall Street Journal reported on the case yesterday.

Newsweek Cover Story Challenges Biblical Opposition To Gay Marriage

The issue of Newsweek dated Dec. 15 carries a cover story by Lisa Miller on the battle over gay marriage from a different perspective. It challenges the notion that there is strong opposition to gay marriage in the Bible. Arguing that there are few examples of the so-called "traditional family" in the Bible, Miller goes on to contend that the passages which condemn homosexuality are marginal or misunderstood. Pointing out that the Biblical prohibitions first only refer to male homosexuality, she calls the passages in Leviticus "throwaway lines in a peculiar text given over to codes for living in the ancient Jewish world, a text that devotes verse after verse to treatments for leprosy, cleanliness rituals for menstruating women and the correct way to sacrifice a goat...." And she suggests that the New Testament's apparent condemnation of homosexuality in the epistles of Paul is really an attack on the "depravity of the Roman emperors."

Pope Visits Italian Embassy To Mark Upcoming Lateran Treaty Anniversary

Pope Benedict XVI yesterday visited the Italian embassy to the Holy See to mark February's upcoming 80th anniversary of the Lateran Treaty. The Treaty established Vatican City as an independent state, separating it from Italy. Zenit reports that Benedict is the fourth pope to make such a visit. In his remarks, the Pope called separation of church and state "one of the great advances of humanity," and said that the separation implemented by the Treaty is "a fundamental condition for [the Church's] very liberty and the fulfillment of its universal mission of salvation among all peoples." However he asked for cooperation between church and state that share common ideals of justice, solidarity and peace, saying that the Church has a duty "to awaken moral and spiritual forces in society."

Supreme Court To DC Circuit: Reconsider Gitmo Case Involving Religious Harassment

Today the U.S. Supreme Court told the D.C. Circuit Court of Appeals to reconsider its decision in a case brought by Guantanamo detainees alleging arbitrary detention, torture and violations of their religious rights. Among other things, the detainees alleged that they were interrupted as they prayed, that they were denied copies of the Qur'an and prayer mats, that a copy of the Qur'an was thrown in a toilet and that they were forced to shave their beards that they wore for religious reasons. The Court of Appeals had held that all the claims should be dismissed, including the detainees' claims under the Religious Freedom Restoration Act. (See prior posting.) Today in Rasul v. Myers, (Docket No. 08-235, Dec. 15, 2008), the Supreme Court issued an order (Order List full text) granting certiorari, vacating the judgment below and remanding the case to the Circuit Court for consideration in light of the Supreme Court's intervening decision in Boumediene v. Bush. That case held that Guantanamo detainees may seek habeas corpus relief. Today's Baltimore Sun and Reuters both report on the Rasul decision.

Christmas 2008 At the White House-- Theme and Cards

Again this year the White House website has a section devoted to Christmas activities of the first family. This year's theme is "A Red, White and Blue Christmas." According to the website, the theme "celebrates the patriotic spirit that unites us as Americans." This year's White House holiday card (photo of card [from Free Republic]) depicts a view of the Washington Monument from the White House's Truman Balcony. (Hallmark news release about the design.) Inside, the card has a verse from Matthew (5:16) and the wish: "May your heart and home be filled with the joys of the holiday season." For those who watch this sort of thing, again this year the card nowhere contains the word "Christmas". (See prior posting.) Hallmark's news release also depicts this year's vice presidential card.

Newdow Loses Defamation Action Against Minister

A release from the Thomas More Law Center last week reported that a California state trial court has dismissed a defamation lawsuit that activist Michael Newdow had filed against Reverend Austin Miles. Newdow is best known for his lawsuits challenging the constitutionality of the Pledge of Allegiance containing the words "under God." Newdow's defamation suit arose out of two website postings by Miles in 2002 accusing Newdow of lying to the courts about the reaction of Newdow's daughter's to reciting the Pledge of Allegiance in schools. (See prior posting.) According to Thomas More Law Center, on Nov. 20 the trial judge found that Newdow was not defamed and was not entitled to damages.

Australian State's Schools Will Add Humanism As Alternative Class

In the Australian state of Victoria, public grade-schools allot 30 minutes per week to religious instruction taught by accredited volunteers. Students now have a choice of classes taught by Christian, Jewish, Buddhist and Baha'i instructors. The Age reported yesterday that the state's accrediting agency is about to approve a curriculum approved by the Humanist Society of Victoria as yet an additional alternative. Access Ministries, the group that accredits some 3500 Christian volunteer instructors, objects saying that Humanism is not a religion and should not be taught in the time allocated for religious education. [Thanks to Scott Mange for the lead.]

Recent Articles and Book of Interest

From SSRN:

• Stephen A. Newman, From John F. Kennedy's 1960 Campaign Speech to Christian Supremacy: Religion in Modern Presidential Politics, (New York Law School Law Review, Forthcoming).
• Brian D. Galle, The LDS Church, Proposition Eight, and the Federal Law of Charities, (Northwestern University Law Review, Forthcoming).
• Douglas Linder, Falwell v. Flynt Trial, 1984, (December 4, 2008).

From SmartCILP:

• Mark David Welton, Islam, the West, and the Rule of Law, 19 Pace International Law Review 169-194 (2007).

New Book:

• Peter Cane (ed.), Law and Religion in Theoretical and Historical Context, (Cambridge Univ. Press, Nov. 2008).

Indonesian Cult Leader Arrested, Charged With Blasphemy

In Indonesia, cult leader Lia Aminuddin (also known as Lia Eden) was arrested this morning and charged with blasphemy, according to the Jakarta Post. Some 23 of her Kingdom of Eden followers were also taken into custody. Already convicted of blasphemy in 2006 and sentenced to two years in prison, she is now charged with distributing books, pamphlets and CDs with her message that God wants every religion annulled. She also has used a website to make her revelation known. She claims to be the Holy Spirit, God's messenger Gabriel and the reincarnation of the Virgin Mary. When arrested, she said that divine revelation told her to refuse a lawyer and instead defend herself.

New Alabama Christian Youth Facility To Give Judges A Placement Option

The non-profit group, Youth Reach, is opening a 9-bed Christian-based group foster home outside Summerdale, Alabama tomorrow. A second 9-bed facility is under construction. They are designed for long-term stays by troubled boys ages 12 to 21. A girls' facility is planned for the future. Some 30 area churches and other supporters raised over $1 million to fund the project. The AP reported yesterday that the home is intended to give Alabama judges a facility in which they can place juvenile offenders. Some of the first 5 boys moving in Monday are coming from area jails. Though no mention is made of the issue, presumably any placements need to be voluntary on the part of the parents or children involved to avoid church-state problems. Youth Reach describes its philosophy on its website:

First and foremost, we are a Christian ministry built on the foundation of God’s Word. We are not religious, but we take advantage of the power found in a relationship with Jesus to witness the healing of young lives.

New Texas Sheriff Reaches Out To Sikhs In Light of Recent Incident

Friday's Houston Chronicle reports on efforts by Adrian Garcia, the new sheriff-elect of Harris County, Texas, to reach out to the local Sikh community after Sikh Coalition criticized the handling of an incident by deputies under outgoing sheriff Tommy Thomas. In the incident, members of a Sikh family called 911 to report a Nov. 26 burglary. The family charges that when deputies arrived, instead of investigating the complaint, they became alarmed at the kirpan (ceremonial dagger) worn by Kawaljeet Kaur. Other deputies arrived and began handcuffing and cursing family members. It is alleged that one deputy made reference to the "bombings in Bombay" that had just taken place. The Sheriff's Office is currently investigating the incident, and Internal Affairs Division has already met with the family.

Witch Sues University of Nebraska For Employment Discrimination

AP reported yesterday on a state court lawsuit filed earlier this month by a woman, identified only as Jane Doe, who claims she was fired by the University of Nebraska because of her religion. The woman alleges that she was removed as director of a youth program when the University discovered that she was a witch. The Nebraska Equal Opportunity Commission has already ruled in the woman's favor.

Publications Charge Army With Improper Aid To Missionaires Filming TV Show

Jason Leopold at The Public Record yesterday, following up on a claim in the weekly newsletter of the Military Religious Freedom Foundation, charges that the U.S. Army was improperly entangled in the filming of an episode of the Trinity Broadcasting Network's Christian reality TV series titled Travel the Road. The series follows two so-called "extreme missionaries" who travel around the world to preach the gospel. The 2006 season of the program ended with three episodes filmed in Afghanistan. The missionaries, Will Decker and Tim Scott, were embedded with the Army in Afghanistan for the programs. They accompanied Army soldiers on patrol and say in one episode that a Staff Sergeant played a hands-on role in helping them facilitate proselytizing of Afghans. Apparently the missionaries distributed copies of the New Testament translated into Dari to Afghans.

Recent Prisoner Free Exercise Cases

In Parks v. Brooks, (9th Cir., Dec. 2, 2008), the U.S. 9th Circuit Court of Appeals reversed a grant of summary judgment and ordered a prisoner's claim that he was wrongly denied kosher meals to go to trial. The court held that the sincerity of plaintiff's religious beliefs is a question of fact that cannot be decided by summary judgment. It also held that the trial court should have considered the prison regulations under RLUIPA even though the pro se plaintiff did not cite to the statute. Plaintiff was permitted to proceed with his damage claim for past violations, even though the prison was now serving him kosher meals. As reported by AP, plaintiff, who is black, was originally refused kosher meals because he had no "hereditary connection" to Judaism and could not show "a substantial philosophical understanding" of it.

In Mello v. Martinez, 2008 U.S. Dist. LEXIS 98547, (ED CA, Nov. 25, 2008), a California federal magistrate judge found that a Native American inmate had failed to adequately allege free exercise or RLUIPA violations in connection with authorities' refusal to permit him to take various religious objects with him when he was transferred to a different facility. The court dismissed the complaint with leave to amend.

In Gonzalez v. Corrections Corporation of America, 2008 U.S. Dist. LEXIS 98667, (ND MS, Dec. 5, 2008), a Mississippi federal court held that a Muslim inmate's religious exercise was not substantially burdened by his failing to receiving meals that met his religious requirements 13 times over a course of 8 months. The court held it was sufficient that the rest of the time he was served vegetarian meals which met his religious requirements, even though he would have preferred kosher meals. The court rejected his claims under RLUIPA, the free exercise and the equal protection clauses. In reaching its decision, the court assumed without deciding that RLUIPA applies to a state prison that has been privatized.

In Bergmann v. Hanna, 2008 U.S. Dist. LEXIS 100329 (D DE, Dec. 11, 2008), a Delaware federal district court rejected a claim that a prisoner's free exercise rights were infringed when on one day she was denied permission to attend chapel services to protect her from others in attendance.

Gov. Palin's Wasilla Church Hit By Suspected Arson

Today's Anchorage Daily News reports that in Wasilla, Alaska, a fire of suspicious origin caused $1 million damage to the Wasilla Bible Church Friday night. Damage is mostly confined to the back corner of the building. The church became well known during the recent presidential elections as the church attended by Gov. Sarah Palin. Palin's office issued the following statement:

Gov. Palin stopped by the church this morning, and she told an assistant pastor that she apologizes if the incident is in any way connected to the undeserved negative attention the church has received since she became a vice-presidential candidate on Aug. 29. Whatever the motives of the arsonist, the governor has faith in the scriptural passage that what was intended for evil will in some way be used for good.

Arson investigators say that as of now they have no leads as to intent or motive and no indication at this time of a political motivation.

Suit Says False Story of No Circumcision Is Libelous

The New York Times earlier this week focused on an interesting complaint (full text) filed last month in a New York federal district court. John F. Singer of Queens says that Centropa (the Central Europe Center for Research and Documentation), an oral history project based in Europe, in 2005 published an article on its website about his family. The article quotes Singer's mother as saying that Singer was not circumcised as an infant. Singer notified the Center's director that this was false, but the Center published it anyway, and republished it when its website was redesigned. The quote was not removed until October 2008. Singer's mother denies making the statement quoted in the story. Singer's complaint alleges that "as a Jewish male, it is in direct contradiction to Jewish law to be uncircumcised." It goes on to allege that as a result of the false story, Singer "suffered loss of his reputation, shame, mortification and extreme emotional distress." The suit, alleging libel and intentional infliction of emotional distress, seeks an injunction and damages.

Ohio School Board Sued By Teacher Who Wants To Divert Union Dues To Charity

The National Right to Work Legal Defense Foundation announced in a press release last week that it had filed a federal lawsuit on behalf of an Ohio elementary school teacher who wants her compulsory union dues diverted to charity because of her religious objections to her union's positions on abortion and gay rights. Kathy Hart, who is an active member of the Catholic Church, teaches in the Coldwater (Ohio) Exempted Village School District. A collective bargaining agreement requires her to pay union fees to the National Education Association (NEA) and its affiliates - the Ohio Education Association (OEA) and the Coldwater Teachers Organization (CTO). The NEA agreed to Hart's request, but the OEA refused to go along. Hart originally filed a religious discrimination complaint with the EEOC, and it authorized her in September to file her own civil suit. (See prior related posting.)

Jewish Charities Are Victims of Madoff Wall Street Fraud

A number of Jewish charities find themselves among the victims of the massive Ponzi scheme carried out by Wall Street legend Bernie Madoff. Thursday's New York Times reports on the arrest of Madoff in a fraud scheme whose losses could reach $50 billion. Yesterday a New York federal district court appointed a receiver and froze all of Madoff's remaining assets. (Full text of court's order.) Today's Washington Post reports that the entire $8 million endowment of the Robert I. Lappin Charitable Foundation was invested with Madoff. The website of the Lappin Foundation carries the following notice on its home page:

The programs of the Robert I. Lappin Charitable Foundation and the Robert I. Lappin 1992 Supporting Foundation are discontinued, effectively immediately. This includes Youth to Israel and Teachers to Israel.

The money used to fund the programs of both Foundations was invested with Bernard L. Madoff Investment Securities and all the assets have been frozen by the federal courts..... The money needed to fund the programs of the Lappin Foundations is gone. The Foundation staff has been terminated today.

"It is with a heavy heart that I make this announcement," said Robert I. Lappin, Foundation trustee. "The Foundations' programs have touched thousands of lives over many years in our efforts to help keep our children Jewish."

In addition, the North Shore-Long Island Jewish Health System lost $5 million in the fraud. The Texas-based Julian J. Levitt Foundation that focuses on Jewish causes lost about $6 million. Yeshiva University, on whose board Madoff served, is still attempting to determine how much it had invested with him. Madoff's own foundation that contributed extensively to Jewish charities also is now gone. Haaretz reports that Madoff resigned from Yeshiva's board on Friday. It also suggests that a number of other Jewish philanthropists, in New York and Palm Beach, have likely lost significant amounts in the fraud.

UPDATE: The Los Angeles Jewish Community Foundation can be added to the list of victims. Luke Ford.net reports that some $18 million of the Foundation's Common Investment Pool (currently valued as 11% of its assets) was invested with Madoff.

UPDATE 2: Monday's Wall Street Journal [subscription required] reports on additional investors who were victimized, including foundations of two well-known Jewish philanthropists: Elie Wiesel's Foundation for Humanity and Steven Spielberg's Wunderkinder Foundation (which received 70% of its 2006 income from Madoff investments).

UPDATE 3: Monday's Haaretz has more information on Jewish foundations that were impacted: including the Chais Family Foundation which contributes heavily to Jewish causes and the Gift of Life Foundation, a Jewish bone marrow registry that to which Madoff contributes substantial amounts.

9th Circuit Rejects Tax Deduction for Religious Day School Tuition

In Sklar v. Commissioner of Internal Revenue, (9th Cir., Dec. 12, 2008), the U.S. 9th Circuit Court of Appeals has once again rejected a claim by parents that they should be able to deduct for income tax purposes a portion of the tuition and fees paid to their children's Orthodox Jewish day schools. The parents insisted that expenditures covering solely religious education should be deductible as a charitable contribution to the schools. In 2002, the 9th Circuit had rejected a similar claim by the same parents for prior tax years. Both then, and in this case, the parents claimed that a 1993 settlement agreed to by the IRS permitting members of the Church of Scientology to deduct 80% of the cost of "auditing" and "training" was analogous to the exemption claimed by the Sklars. They argued that denying the exemption to Orthodox Jews violated the Establishment Clause and principles of administrative consistency. The court disagreed. Here is the Department of Justice press release on the decision. Josh Gerstein's blog discusses the case at greater length. (Also see prior related posting.)

Student's Op-Ed On Evolution Rejected For Class Magazine

In Franklin County, Virginia, the Gereau Center for Applied Technology and Career Exploration is a high school alternative that allows students to explore various careers. One of the courses it offers is Introduction to Media. The class produces a news magazine titled "In the Groove." Yesterday's Roanoke Times reports that a 16-year old student in the class, Brandon Creasy, says an opinion piece on evolution that he wrote for the magazine is being censored by the school's principal. The piece explains evolution by natural selection and says: "Evolution is a fact folks, not a theory!" (The full text of Creasy's essay accompanies the Times article.)

Principal Kevin Bezy says the piece needs to be revised because "It didn't present the theory with a sensitivity for those who hold other theories." The teacher of the course says that Principal Bezy was concerned that the article sounded angry at the church and could lead to community backlash. Brandon Creasy says his article was censored because the principal does not believe in evolution. Bezy says his personal views are irrelevant; he was acting in an unbiased way. Teacher David Campbell says he is using the situation to teach his class about the First Amendment and its application to student publications. [Thanks to Scott Mange for the lead.]

UPDATE: Commenters to this posting point out that the principal may have had other more legitimate reasons to reject the essay-- namely its resemblance to one available online.

Moratorium Placed On More Displays In Washington State Capitol

As previously reported, the Washington state Capitol's open forum policy for holiday displays has led to a flurry of applications after a Humanist group put up a controversial sign calling religion a "myth and superstition that hardens hearts and enslaves minds." The state Department of General Administration has had enough. KOMO News reported yesterday that the Department has declared a moratorium on any more displays while it reviews its policy. The Department says it has received more applications for displays than can be reasonably accommodated. This means that all the new proposals, including the one for a Festivus pole, remain on hold. Apparently the nativity scene, the Christmas tree and the Humanists' sign remain in the Capitol.

UPDATE: One of the applications put on hold by the moratorium is from the notorious Westboro Baptist Church, best known for picketing Iraq and Afghanistan veterans' funerals. Its proposed display was a poster captioned "Santa Claus Will Take You To Hell!" Dispatches from the Culture Wars (12/14) has more, along with a photo of the proposed display.

Costa Rican Court Rejects Religious Objection To Blood Test For Driver's License

Costa Rica requires each applicant for a drivers license to have a blood test so the individual's blood type can be noted on the license. Costa Rica Pages reported yesterday that a Costa Rican appellate court has rejected an attempt by a Jehovah's Witness to claim a religious exemption to the requirement. Apparently the court held that the government's interest in having this medical information which aids emergency services in treating victims of serious accidents justifies the infringement of religious belief.

Evangelical Lobbyist Resigns After Statement Supporting Gay Civil Unions

Richard Cizik has resigned as vice president for governmental affairs of the National Association of Evangelicals (NAE). Already under criticism from some of the evangelical community for his strong stance on global warming, Wednesday night's resignation came after Cizik told Terry Gross on on National Public Radio's Fresh Air that he now believes in civil unions for same-sex couples. He also expressed support for government programs that supply contraceptives to prevent unintended pregnancies. Christianity Today reports on developments. It also has the transcript of part of the NPR interview. NPR has a recording of the full program available on its website.

A statement issued yesterday by the NAE says: "in a December 2, 2008 broadcast interview on National Public Radio, Richard responded to questions and made statements that did not appropriately represent the values and convictions of NAE and our constituents. Although he has subsequently expressed regret, apologized and affirmed our values there is a loss of trust in his credibility as a spokesperson among leaders and constituents." Cizik was one of the signers of a New York Times ad earlier this month condemning violence against the LDS Church for its support of California's Proposition 8 banning same-sex marriage. (See prior posting.)

8th Circuit Hears Arguments In Gideon Bible Case

Yesterday the U.S. 8th Circuit Court of Appeals heard oral arguments in Roark v. South Iron R-1 School District, (Docket No. 08-1847). A recording of the full oral argument is available from this page of the 8th Circuit's website. In the case, a Missouri federal district court held that a school district's policy permitting adult members of Gideons International to distribute Bibles to elementary school students on school property during the school day violates the Establishment Clause. (See prior posting.) Today's Christian Post reports on the case. Liberty Counsel's Mat Staver who represents the school district framed the issue this way in a statement: "The Bible cannot be singled out for special penalties like contraband." Believers' Rights blog also discussed the case yesterday.

First Sikh Inaugural Ball Will Be Held

The Sikh Community Center announced this week that the first ever Sikh Inaugural Ball will be held in Washington, D.C. on January 20. The Sikh Inaugural Ball Inaugural Committee will hold the event a few blocks from the White House, at Ascot, I-The Indian Experience Restaurant. No more than 300 tickets will be sold.

3 Faith-Based Leaders Among 24 Recipients of Presidential Citizens Medal

On Wednesday, President Bush awarded the Presidential Citizens Medal to 24 individuals (including one posthumously). Three of the recipients, as described by a White House news release, were honored for their faith-based activities:

Charles W. Colson: For more than three decades, Chuck Colson has dedicated his life to sharing the message of God’s boundless love and mercy with prisoners, former prisoners, and their families. Through his strong faith and leadership, he has helped courageous men and women from around the world make successful transitions back into society. The United States honors Chuck Colson for his good heart and his compassionate efforts to renew a spirit of purpose in the lives of countless individuals.

John P. Foley, S.J.: Father John Foley has successfully reached some of our Nation’s most vulnerable youth and instilled in them a love of learning. Through his spiritual leadership of a faith-based education system that partners with the community, he has provided opportunities for young people to achieve their dreams. The United States honors Father John Foley for his commitment to helping his fellow citizens lead lives of integrity and achievement.

Timothy R. Scully, C.S.C.: Father Timothy Scully has committed his life to strengthening communities through faith-based education that prepares individuals for a lifetime of achievement, service, and compassion. Through his leadership at the University of Notre Dame, he has developed innovative ways to support under-resourced schools. The United States honors Father Timothy Scully for demonstrating that every human being has boundless potential.

The Medal was created in 1969 by Executive Order 114994. According to the official website for the Medal, it is intended "to recognize U.S. citizens who have performed exemplary deeds of service for the nation." Approximately 100 people have been awarded the Medal since 1969.

Federal Court Preliminarily Enjoins South Carolina "I Believe" Plates

A South Carolina federal district court has issued a preliminary injunction barring the state of South Carolina from further advertising, distribution or production of its controversial "I Believe" license plate. In Summers v. Adams, (D SC, Dec. 11, 2008), the court found that plaintiffs have standing and had made a strong showing of the likelihood of success on their Establishment Clause challenge to the special plates. The plates feature the words "I Believe" with a cross superimposed on a stained glass window. The court said it was unlikely that the "I Believe Act" which authorized the plates passed any of the three prongs of the Lemon test. Defendants in the case were the Director of Motor Vehicles, as well as the Director of the Department of Corrections since the plates are apparently made in state prisons. A release from Americans United (which filed the case) applauding the ruling also has links to some of the briefs and pleadings. (See prior related posting.)

Australia High Court Gives Expansive Definition of Tax-Exempt Charity

In Commissioner of Taxation of the Commonwealth of Australia v Word Investments Limited, [2008] HCA 55 (Dec. 3, 2008), Australia's High Court held that "a company that conducted commercial businesses to raise funds for a missionary organisation was entitled to the status of a tax-exempt charity." (High Court press release). In a 4-1 decision, the court held that Word Investments, an investment business (which also formerly operated a funeral business), is a charitable institution because all of its profits support the Christian activities carried out by Wycliffe Bible Translators which is a recognized charity. Under its memorandum, Word's profits may not be distributed to its members. A report on the decision from the law firm of Corney & Lind says that the decision will now permit charities "to pursue 'asset protection' strategies, by incorporating separate entities to raise funds for their charitable purposes."

Court Dismisses Rabbi's Breach of Contract Claim On 1st Amendment Grounds

In Friedlander v. Port Jewish Center, (ED NY, Dec. 8, 2008), a New York federal district court dismissed a breach of contract claim brought by a rabbi against her congregation. Rabbi Ariel Friedlander was fired by her congregation after members complained about a number of things, most relating to the manner in which she conducted religious services and life cycle events. The court held that deciding the case would unduly entangle it in a religious dispute: "Here, adjudicating the Plaintiff’s claim would ... necessarily require the Court to review the Plaintiff’s performance of her rabbinical duties. This is precisely the type of inquiry that the First Amendment prohibits." [Thanks to Volokh Conspiracy for the lead.]

Suit Challenging Iowa State Employee Charity Rules Is Settled

An Alliance Defense Fund release reported Wednesday that a settlement has been reached in Association of Faith-Based Organizations v. Anderson, a lawsuit challenging the exclusion of religious charities from the Iowa One Gift program under which state employees can designate participating charities to receive their contributions withheld by payroll deduction. (See prior posting.) The regulations, challenged on First Amendment grounds, excluded from participation any charitable organization that "engages in any way in sectarian activities," advocates "religious viewpoints," or "discriminates" on the basis of religion in employment. Under the settlement, the state Department of Administration has amended its rules so they exclude only charities that fail to comply with Iowa's ban on employment discrimination. Iowa law includes an an exemption for the faith-based hiring policies of religious employers. The Sioux City Gospel Mission, a member of the Association of Faith Based Organizations that brought the lawsuit, has already been approved to participate in the One Gift program under the new rules.

New Jersey Panel Recommends Permitting Same-Sex Marriage

The New Jersey Civil Union Review Commission yesterday submitted its final report titled The Legal, Medical, Economic & Social Consequences of New Jersey's Civil Union Law. The report recommends that the state legislature and Governor "expeditiously" change the law to permit same-sex couples to marry. A portion of the 79-page report discusses testimony in opposition to same-sex marriage. It states in part:

Some witnesses opposed to same-sex marriage testified concerning their understanding of the meaning and authority of Biblical scripture.... While the Commission also heard considerable testimony to the contrary, it is not the role of this Commission to comment on the merits of religious tenets or faiths of any of the witnesses who testified. This Commission recommends that the civil institution of marriage be extended to same-sex couples.

The Review Commission's website links to extensive background material, including transcripts of Commission hearings. An AP story discusses the Commission's report.

Group Criticizes French Report On Religious Sects

The Institute on Religion and Public Policy yesterday wrote to French President Nicolas Sarkozy to express concerns about recommendations in a 2008 Report to the Prime Minister by a government agency known as the Inter-Ministerial Mission to Fight Against Sectarian Deviations, or MIVILUDES. (Full text of letter.) According to an IRRP press release, the recommendations on dealing with religious sects:

would reform laws to limit the free practice of religion of minority groups. Groups on France's "sect" list include Southern Baptists, Hasidic Jews and Buddhists.... [T]he report classes "victims" of sects into three categories: "1) 'followers who are not yet conscious of being victims;' 2) former followers and 3) 'victims' families." The MIVILUDES report further prescribes ways to intervene for 'victims.' The recommendations include having judges place 'consenting victims' under guardianship and the creation of mobile intervention cells each with a psychologist expert on sects who could intervene during police operations or custody matters.

The letter to Sarkozy was based on a Memorandum from IRRP's committee of experts which concludes:

These measures contravene fundamental human rights principles articulated in international instruments that France has signed and ratified as well as decisions of the European Court of Human Rights and the UN Human Rights Committee interpreting the right to religious freedom and the State’s corresponding duty of religious neutrality and impartiality. Under these circumstances, these recommendations should not be transposed into law.

Senate Resolution Condemns Mumbai Attack, Opposes Religious Extremism

The U.S. Senate on Tuesday passed S. Res. 724, condemning the recent terrorist attack in Mumbai, India. In addition to calling upon Pakistan to root out extremism and calling on President-elect Obama to bolster counter-terrorism cooperation with India, the resolution:

urges bolstered United States efforts to develop and implement policies and projects to combat all forms of religious extremism, including anti-Semitism, in order to deter the type of targeted attacks like that waged against the Chabad Lubavitch center in Mumbai.

Senators Casey and Voinovich, co-sponsors of the Resolution issued a press release announcing Senate passage of the measure.

Sikh Wins Religious Bias Complaint Against CA Corrections Department

Yesterday's Sacramento Bee reports on a recent California State Personnel Board administrative law judge's decision finding that the California Department of Corrections and Rehabilitation (CDC) discriminated against a Sikh applicant for employment. Trilochan "Obe" Oberoi met most of the requirements for being hired as a prison guard. However, CDC refused to allow him to take the gas mask fit test unless he shaved his beard. The ALJ, finding religious discrimination, said that CDC has allowed correctional officers with skin problems that prevent shaving to use an alternative type of mask. He wrote: "it is difficult to imagine why [CDC] cannot extend the same accommodation to [correctional officers] who cannot shave for religious reasons." CDC has until Dec. 18 to appeal the decision.

11th Circuit Hears Arguments In Christian Fraternity's Bid For Recognition

Yesterday, the U.S. 11th Circuit Court of Appeals heard oral arguments in Beta Upsilon Chi v. Machen, a case in which BYX, a Christian fraternity, is challenging the University of Florida's refusal to grant it recognition. University rules prohibit religious (and other) discrimination by recognized student organizations. BYX requires its members to believe in Jesus. In May, a Florida federal district court refused to issue a preliminary injunction against the University. However in August, the 11th Circuit ordered the University to grant recognition to the fraternity while its appeal is pending. (See prior posting.) The AP reports that BYX argued to the court that the University's policy threatens its core beliefs. University's counsel responded that recognized student groups are an extension of the educational process and should be open to all. BYX can maintain its current policy and continue to operate on campus without recognition. However this will mean it is not eligible for funding, priority use of facilities, access to certain bulletin boards, listing in University publications, a University website and email address.

Court Allows Menorah Again In Downtown Poughkeepsie

Articles last week and this week in the Poughkeepsie Journal report on efforts by a local Chabad rabbi in Poughkeepsie, New York, to again erect a 22-foot tall menorah on downtown city property as he has done each Hanukkah since 1996. In the past, city workers have helped him put it up. However this year, the city (along with four intervenors) sued claiming that the use of city workers violates the Establishment Clause.

After complaints last year, the city adopted a policy barring city workers from helping to put up any displays, but allowing anyone to place religious or secular holiday symbols on a specified city-owned vacant lot. Rabbi Yacov Borenstein wants to continue to use the traditional city site for his display, and wants a city "cherry picker" truck to lift him to the top of the menorah for the daily lighting ceremonies. Trial court Justice James D. Pagones ruled yesterday in favor of Rabbi Borenstein, in part because the city traditionally uses tax money to put up wreaths on downtown utility poles and to decorate Christmas trees on city-owned property. He wrote that excluding the menorah would have the principal effect of promoting Christianity and inhibiting Judaism in violation of the Establishment Clause.

UPDAATE: On Dec. 16, a state appellate court judge refused to stay Judge Pagones' ruling pending appeal. (Poughkeepsie Journal).

Articles Analyze Background of Nigeria's Muslim-Christian Violence

Nigeria's Daily Sun this week published an extensive two-part article explaining the background of the recent much-publicized Muslim-Christian violence in the city of Jos. (See prior posting.) Part 1 of the article titled Beyond the Black Friday in Jos says that "an incendiary mix of factors including politics, ethnicity, religion and class combine to create ideal circumstances for sectarian violence" which is common in northern Nigeria. Part 2 says that "the Federal Government must work on erecting a wall of separation between religion and politics," including an end to sponsorship of Mecca and Jerusalem pilgrimages. It also complains that "a frightening number of our young people are unemployed, unschooled and unskilled. They live on the margins of the society from where they can be recruited to torch churches and mosques or to blow up oil pipelines." It analyzes the cause: "some politicians come in the name of Allah; others come in the name of Jesus. The end result is the same – the plunder of the treasury and the impoverishment of the people."

Transcript Available Of Today's SCOTUS Arguments In Iqbal Case

The U.S. Supreme Court today heard oral arguments in Ashcroft v. Iqbal (Docket No. 07-1015), an appeal growing out of claims that the U.S. government engaged in religious, racial and national origin discrimination in its arrest and subsequent treatment of more than 700 Muslim or Arab men treated as persons of "high interest" after the 9/11 attacks. This case was brought by Pakistani Muslim, Javaid Iqbal, who was placed in solitary confinement for almost six months. He was ultimately deported. Among the defendants named in Iqbal's lawsuit are former Attorney General John Ashcroft, and FBI Director Robert Mueller. The government claimed that they should be dismissed on the basis of qualified immunity. However the Second Circuit disagreed. (Full text of 2nd Circuit decision.)

Here is the government's description of the issues in its petition for certiorari:

The court of appeals held that cabinet-level officers and other high-ranking officials-in this case, a former Attorney General and the incumbent Director of the FBI-may be subjected to discovery and the demands of litigation (at least through the summary judgment stage) in this Bivens action based on bare and conclusory allegations that they knew about and condoned the allegedly discriminatory actions of much-lower-level officials in the Department of Justice in responding to an unprecedented national-security crisis. In addition, the Second Circuit's decision effectively holds that high- ranking officials-including Cabinet officers-may be held potentially liable in Bivens suits on a constructive notice theory that is tantamount to imposing respondeat superior liability.

Today the Los Angeles Times and the AP report on the arguments presented. The full transcript of the arguments is now available, as are all the briefs of the parties and amici.

Today Is 60th Anniversary of Universal Declaration of Human Rights

Today is the 60th anniversary of the adoption by the United Nations General Assembly of the Universal Declaration of Human Rights. Article 18 of the document provides:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

President Bush yesterday issued a Proclamation (full text) declaring December 10 as Human Rights Day; December 15 as Bill of Rights Day; and the week beginning December 10 as Human Rights Week.

In Britain, the National Secular Society is marking the day by launching the "One Law for All" campaign inthe House of Lords-- a campaign against the use of Sharia law in Britain. According to an NSS press release: "The campaign calls on the UK government to recognise that Sharia law is arbitrary and discriminatory and for an end to Sharia courts and all religious tribunals on the basis that they work against and not for equality and human rights. The campaign also calls for the Arbitration Act 1996 to be amended so that all religious tribunals are banned from operating within and outside of the legal system."

Arizona Supreme Court Hears Arguments On School Vouchers

Attorneys yesterday presented oral arguments to the Arizona Supreme Court in Cain v. Horne, a case testing the constitutionality of two Arizona school voucher programs. An Arizona appellate court had held that while the programs do not violate the Religion Clause of Arizona's constitution, they do violate the separate state constitutional ban on aid to private or sectarian schools. (See prior posting.) The Arizona Capitol Times reported on the arguments, which focused on whether families receiving vouchers, rather than the schools, are the "true beneficiaries" of the state funds. Voucher opponents argued that the state voucher plans effectively reroute funds intended for public schools into private schools in violation of the drafters' desire to protect the public school system and avoid forcing citizens to pay for religious instruction with which they disagree. Before the hearing, hundreds of voucher supporters demonstrated near the court.

Sacristan Gets Unemployment Comp Despite Firing For Opposing Parish Policy

In Czajka v. Department of Employment Security, (IL App., Dec. 5, 2008), an Illinois appellate court overturned the denial of unemployment compensation benefits to Carmen Czajka, a sacristan at the Saint Liborius School responsible for keeping the sacristy clean. She was fired because of her disagreement with a Parish program that would show school children a film, followed by discussions, concerning inappropriate physical contact. She had contacted parents warning them about the program and telling them that they could opt out of the video which Czajka believed "bordered on pornography." The court said: "there simply is no evidence demonstrating that [Czajka] engaged in the conduct with an awareness of any rule or policy forbidding her from expressing her views to parishioners." It also concluded that her actions did not cause harm to the parish. Finding these grounds on which to overturn the denial of benefits to Czajka, the court said it need not decide her First Amendment challenge to the denial of benefits.

Proposal To Protect Scientology From Picketing Tabled

The Riverside, California Board of Supervisors yesterday decided that the proposed cure was worse than the disease as they voted to defer further consideration of an anti-picketing ordinance that had been introduced in response to repeated protests against the Church of Scientology by the international group "Anonymous" that opposes Scientology. The San Diego Union Tribune reports that the tabled proposal would have restricted "targeted picketing" in unincorporated communities to at least 300 feet away from the subject's residence. Council members were concerned that they were being drawn into a religious dispute, and that, in any event, merely moving a protest away from Scientology's San Jacinto compound to a different location does not solve the problem.