American Jewish Congress Hit Hard By Madoff Fraud

One of the nation's most important voices on church-state issues, the American Jewish Congress, has been hard hit by the Bernard Madoff fraud according to a report yesterday by the Forward. Some $21 million of the organization's $24 million endowment was invested with Madoff. Endowment funds accounted for about 25% of AJCongress' annual budget of $6.2 million. Marc Stern, the organization's acting co-executive director, called the losses "a serious blow", but "not fatal." One of the first cuts is likely to be the group's monthly magazine, Congress Monthly. (See prior related posting.)

Richard John Neuhaus, Leading Catholic Thinker, Dies

New York Catholic priest, Richard John Neuhaus, died yesterday at the age of 72. The National Catholic Reporter says that Neuhaus was known as an intellectual spokesman for the "religious right." Originally ordained as a Lutheran minister, Neuhaus converted to Catholicism in 1990. According to NCR:

From the early 1970s forward, Neuhaus was a key architect of two alliances with profound consequences for American politics, both of which overcame histories of mutual antagonism: one between conservative Catholics and Protestant Evangelicals, and the other between free market neo-conservatives and “faith and values” social conservatives.

Among the books written by Fr. Neuhaus were The Naked Public Square: Religion and Democracy in America (1997); Appointment in Rome: The Church in America Awakening (1998); and Doing Well & Doing Good: The Challenge to the Christian Capitalist (1992).

Mississippi Bill Would Require Disclaimer Stickers In Biology Textbooks

As state legislatures reconvene, anti-evolution bills again begin to be introduced. On Tuesday, Mississippi state representative Gary Chism introduced into Mississippi's legislature HB 25 (full text), a bill that would require the State Board of Education to place stickers with disclaimers in every textbook that includes material on evolution. The lengthy required disclaimer includes the statement: "No one was present when life first appeared on earth. Therefore, any statement about life's origins should be considered a theory." The disclaimer ends with the admonition: "Study hard and keep an open mind." [Thanks to Tony's Curricublog via Scott Mange.]

Kerala India Commission To Propose Several Religious Reforms

In India, the Law Reforms Commission of the state of Kerala is scheduled to issue a controversial report to the government on January 24. India Today and IANS this week preview recommendations that will impact Muslims, Catholics and Hindus. The Commission, headed by former Supreme Court Judge V.R. Krishna Iyer, will recommend a ban on the Muslim practice polygamy, except in extraordinary circumstances and only with permission of the first wife. The report will urge that all assets of Catholic churches be held in public trusts of individual dioceses. And the report will urge that non-Brahmins be eligible for appointment as Hindu priests.

Settlement Bars Louisiana From Making Unrestricted Grants To Churches

AP reported yesterday that the state of Louisiana has agreed to settle a lawsuit brought against it by the ACLU challenging appropriations in the 2007 state budget bill for two churches, with no restrictions on the churches' use of the funds. (Similar appropriations to six other churches had also been approved.) In August 2007, a federal district court issued a preliminary injunction barring the state from disbursing the appropriated funds. (See prior posting.) Under the agreed-upon settlement, the state will no longer grant unrestricted funds to churches.

Christian Groups Seek To Ban Imposition of Fairness Doctrine On Broadcasters

The Christian Coalition of America has begun an online petition campaign to prevent the FCC under Democratic leadership from again imposing the "Fairness Doctrine" on radio broadcasters. (Press release(Jan. 8)). The group argues that a return of the requirement that equal time be given on the air to opposing views on controversial issues would have the effect of ending conservative talk radio shows such as those of Rush Limbaugh, Sean Hannity and Bill O'Reilly. A CBN report yesterday says: "Some Republicans feel that at a time when Christianity has become controversial, a revived Fairness Doctrine could be used to press Christian stations to air anti-Christian views." Three bills have already been introduced in the new Congress to prohibit the FCC from reinstating the fairness requirement: S. 34, S. 62 and H.R. 226.

New Bangladesh Prime Minister Wants Return To Secularism

Bangladesh's new Prime Minister, Sheikh Hasina, says that she will move to restore the country's first constitution, framed in 1972, in order to return the country to the principle of secularism. LiveMint.com reported yesterday that since a 1975 coup, Bangladesh has experienced a rise in religious militancy as religion-based parties entered politics. IANS yesterday quotes Law, Justice and Parliamentary Affairs Minister Shafique Ahmed who also says that the government will restore the basic principles of the 1972 Constitution which focused on the principles of nationalism, democracy, secularism and socialism. Ahmed says he seeks a return of democracy, human rights and the rule of law.

Title VII Claim Against Orthodox Jewish Organization Dismissed

In Wechsler v. Orthodox Union, 2008 U.S. Dist. LEXIS 105780 (SD NY, Jan. 5, 2009), a New York federal district court dismissed a Title VII religious discrimination and retaliation complaint brought against the Orthodox Union. The court held that Section 702 of the 1964 Civil Rights Act (42 USC Sec. 2000e-1) exempts religious organizations from religious discrimination claims under the Act. The Orthodox Union is an Orthodox Jewish organization that, among other things, operates a kosher certification agency. Plaintiff was employed by the OU as a mashgiach (kosher inspector) at a New York restaurant and apparently was fired based on his religious observance. The court rejected plaintiff's argument that applying the exemption in Sec. 702 to this case would violate the Establishment Clause and held that the OU's denial of religious discrimination does not take the case out of the exemption.

AU Protests School's Fellowship of Christian Athletes Room

Americans United yesterday sent a letter (full text) to Hot Springs, Arkansas school officials protesting the recent construction of a special meeting room for the Fellowship of Christian Athletes as an addition to Fountain Lake High School's football complex. According to an AU press release, the room was paid for by private funds, but its construction was the idea of school officials. Supporting the room, Assistant Coach Andi Kinsinger said: "This new building will make a statement and hopefully change the lives of many for His Glory.... FCA camp is where I came to know Christ; it provides a lot of opportunity for all." AU says the room amounts to an unconstitutional endorsement of religion. It has asked the school to remove from the room a plaque that displays a crucifix and reads "Fellowship of Christian Athletes meets Here!"; to stop referring to the room as the "FCA room"; and to permit other groups equal access to it.

Protest Against Court Decision on License Plates Includes State Officials

In Greer, South Carolina on Tuesday, the state's attorney general and lieutenant governor joined some 400 others at People's Baptist Church to protest a decision handed down by a federal district court last month preliminarily enjoining production of the state's proposed "I Believe" license plates. The plate also featured a Christian cross. (See prior posting.) Yesterday's Spartanburg Herald-Journal reported that Rev. Arnold Hiette told Tuesday's crowd that the plaintiffs in the case, along with the ACLU, "are going to burn in hell." Lt. Governor Andre Bauer also spoke at the event, which took the form of a prayer meeting, saying: "There is free speech for every group in this state besides Christians.... I don't understand why witnessing in public is considered unconstitutional."

1st Amendment Suit Against Ohio Library Settled For Attorneys' Fees

Yesterday's Cincinnati Enquirer reports that a lawsuit against the Clermont County (OH) Public Library, challenging its rules on use of its meeting rooms, has been settled. Under previous library rules, rooms could be used by non-profit community groups, but not for political, religious or social events. The suit, alleging 1st and 14th Amendment violations, was brought by a couple who wanted to present two days of Biblically-based financial planning workshops. In response the library changed its rules to exclude all outside groups from using the rooms. (See prior posting.) Under the settlement, plaintiffs' attorneys receive $10,000 in fees. Plaintiff George Vandergriff expressed disappointment that the settlement did not include an admission of wrongdoing by the library. However Joe Braun, president of the library board, said: "Every member of the Clermont County Library Board is a practicing Christian. So it’s beyond my comprehension that anyone would suggest we would treat someone in an improper manner because of their religion."

Lawyers In RLUIPA Case Spar Over "Daily Show" Clip As Evidence

As previously reported, a lawsuit under RLUIPA against Fayette County, Pennsylvania, brought by the Church of Universal Love and Music, is pending in federal district court. The church is seeking rezoning or a special exception so it can continue to use property in an agricultural area for religious concerts. County officials claim that concert venue founder William Pritts did not claim that his organization was a church until zoning problems arose. AP reported on Tuesday that the county wants to introduce into evidence a 2003 comedy segment from the Daily Show featuring Pritts to show that Pritts is not sincere in his claim that the organization is a church. The four-minute segment (video) includes Pritts saying "God never said you can't party on." Pritts' attorneys have filed a motion to exclude the evidence, saying that it is not relevant and that the segment was heavily edited by the show's producers. [Thanks to Brian D. Wassom for the lead.]

UPDATE: On January 22, the court ruled the jury will not be able to view the video clip, but that the court might reach a different conclusion if an unedited version of the entire interview (without a laugh track) were to become available. (Uniontown (PA) Herald Standard, 1/24/09).

Canadian Arrests Are Likely Challenge To Canada's Polygamy Laws

Yesterday Canadian authorities arrested two religious leaders in Bountiful, British Columbia on charges of polygamy. AP and the Salt Lake Tribune report on the arrest of Jim Oler, bishop of the town's FLDS community and Winston Blackmore, bishop of a competing polygamous group in the town. Blackmore was expelled from the FLDS church in 2002. Oler is charged with having two wives, while Blackmore is charged with having 20 wives. The National Post says the cases, which do not involve underage wives, is likely to be a test of the constitutionality of Canada's ban on polygamy. British Columbia's Attorneys General have feared that the laws will not survive a challenge under the religious freedom guarantee of Canada's Charter of Rights and Freedoms. (See prior posting.)

New Orleans Police Evict Protesters From Closed Catholic Churches

The New Orleans Times-Picayune reports on yesterday's police eviction of protesters from two New Orleans Catholic churches that had been closed by the Archdiocese. Police were accompanied by lawyers from the city attorney's office and by members of the Archdiocese property management office who supervised changing of locks on the churches. Parishioners had occupied the churches for over ten weeks to protest their closure. The Archdiocese said it requested police assistance at Our Lady of Good Counsel and at St. Henry Church after protesters locked themselves in the buildings. The controversy began when Archbishop Alfred Hughes last April ordered 142 parishes reduced to 108.

Vietnam Issues New Directive On Land For Religious Uses

Vietnam's Prime Minister Nguyen Tan Dung has issued a new Directive to assure uniform land management approaches to allocation of land for religious uses. Vietnam News Agency reports today that Directive 1940/CT-TTg calls for government units to speed up the granting of land use certificates to religious organizations that meet legal requirements. It calls for the government and the Communist Party to respect organizations' right to practice their religion. However, Dung warned churches against using the land issue to incite public disorder or undermine national unity. Radio Australia points out that the new directive comes in the wake of a series of recent property disputes between Vietnamese Catholics and the state. (See prior posting.)

Federal Lawsuit By Amish Challenges Building Code Enforcement

The Becket Fund announced yesterday that it had filed suit in a New York federal district court on behalf of eleven Amish families challenging enforcement of Morristown, NY's building code provisions that infringe plaintiffs' religious beliefs. The complaint (full text) in Yoder v. Town of Morristown, (ND NY, filed 1/6/2009), alleges that he religious beliefs of the Swartzentruber Amish preclude them from submitting architect-stamped construction plans, from installing battery-powered smoke detectors, from equipping their houses with hurricane tie-downs and from frost protecting their homes' foundations. The complaint alleges that denying building permits to plaintiffs violates their free exercise, speech, assembly and equal protection rights under the U.S. and New York constitutions, as well as the federal Fair Housing Act and RLUIPA. Plaintiffs trace their problems to the actions of a new Code Enforcement Officer appointed in 2006, saying that prior to that they lived for many years in "peaceful co-existence" with the non-Amish Morristown residents. Yesterday's Watertown (NY) Daily Times reports on the filing of the case.

UPDATE: On Friday, a New York state trial judge ruled that two Amish families in Hammond (NY) can remain in their homes that were constructed without building permits while the federal challenge against Morristown is pending. The judge also ruled, however, that the town of Hammond cannot be liable for any death or injury involving the two families. (Watertown Daily Times, Jan. 10; WNYTV News, Jan. 9).

First 2009 Foray At Evolution Teaching Introduced In Oklahoma

The National Center for Science Education reports that the first anti-evolution bill to be introduced in a legislature in 2009 is Oklahoma's proposed Scientific Education and Academic Freedom Act (SB 320). The NCSE posting also sets out the full text of the bill which provides in part:

educational authorities in this state shall ... endeavor to assist teachers to find more effective ways to present the science curriculum where it addresses scientific controversies. Toward this end, teachers shall be permitted to help students understand, analyze, critique, and review in an objective manner the scientific strengths and scientific weaknesses of existing scientific theories pertinent to the course being taught....

It also provides that:

Students may be evaluated based upon their understanding of course materials, but no student in any public school or institution shall be penalized in any way because the student may subscribe to a particular position on scientific theories.

This act only protects the teaching of scientific information, and this act shall not be construed to promote any religious or non-religious doctrine, promote discrimination for or against a particular set of religious beliefs or non-beliefs, or promote discrimination for or against religion or non-religion.

School Board Sued Over Religious Harassment of School Library Employee

Last week, a former media aid assistant at Blacksburg (VA) Middle School filed a suit under Title VII of the 1964 Civil Rights Act charging religious harassment and discrimination in the workplace. The complaint (full text) in Scott v. Montgomery County School Board, (WD VA, filed 12/30/2008), alleged that Judith Scott's supervisor insisted on praying for her; tried to get her to attend a Christian conference along with two other teachers; gave Scott religious books, CD's and audiotapes; left scripture verses for Scott to see in the Media Center Planner book; and told Scott that she had anointed the library. The work environment became more hostile when Scott complained about the harassment, and eventually Scott's contract was not renewed. Yesterday's Roanoke Times reports on the decision. [Thanks to Scott Mange for the lead.]

Suit By Former IRS Agent Says Bar On Kirpan Was Religious Discrimination

Yesterday a lawsuit was filed in a Texas federal district court by a former Sikh employee of the Internal Revenue Service. The lawsuit is described in a press release distributed by e-mail by the Becket Fund:

Kawaljeet Tagore, a Sikh American, ... claims that the IRS discriminated against her by prohibiting her from wearing a kirpan, a mandatory article of faith, on her job as a revenue agent at the Mickey Leland Federal Building in downtown Houston.... Tagore was fired in July 2006 because she refused to remove her kirpan.... The kirpan commonly resembles a sword, and is intended as a constant reminder to its bearer of a Sikh's solemn duty to protect the weak and promote justice for all....

The lawsuit claims that the IRS's termination of Tagore violates both the Religious Freedom Restoration Act of 1993 (RFRA) and Title VII religious employment discrimination rules. It alleges that the IRS banned the kirpan as a so-called "dangerous weapon," even though the government allows hundreds of sharp knives and box cutters in the Leland Building. The edge of Tagore's kirpan is three inches long and is not sharp.

The full text of the complaint in Tagore v. United States, (SD TX, filed 1/6/2009) seeks a declaratory judgment, injunction, reinstatement and back pay. The suit was filed by the Becket Fund and the Sikh Coalition.

Petitions For Cert. Filed In Two 9th Circuit Cases

Petitions for certiorari were filed in two church-state cases yesterday. The Pacific Justice Institute announced that a petition for certiorari was filed in Caldwell v. Caldwell. In the case, the U.S. 9th Circuit Court of Appeals dismissed for lack of standing an Establishment Clause challenge to content on an "Understanding Evolution" website created and maintained by the University of California Museum of Paleontology and funded in part by the National Science Foundation. (See prior posting.) Yesterday's Roseville (CA) Press Tribune reported on the filing.

AP reports that several Indian tribes are seeking Supreme Court review in Navajo Nation v. United States Forest Service. In an 8-3 en banc decision in the case, the U.S. 9th Circuit Court of Appeals held that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort, which operates on federal land that the tribes consider sacred. (See prior posting). [Thanks to Blog from the Capital for the lead.]

School Board Says Clergy Cannot Minister To Students At Lunch

In Fort Scott, Kansas, local clergy are complaining to USD 234 School Board about its recently adopted policy that prevents clergy from visiting elementary school lunchrooms to eat lunch with children from their churches. Yesterday's Fort Scott Tribune reports that school board president Matt Ida informed Community Christian Church Children's Pastor Paul Martin that allowing a pastor to minister to children while they are at school violates U.S. Supreme Court decisions.

California Church Loses Challenge To Rezoning Denial

In International Church of the Foursquare Gospel v. City of San Leandro, 2008 U.S. Dist. LEXIS 105525 (ND CA, Dec. 22, 2008), a California federal district court rejected RLUIPA, First Amendment, due process and equal protection challenges to San Leandro, California's refusal to rezone industrial property a church had agreed to buy to "assembly" use. Rejecting a claim that the denial imposed a substantial burden on the church's exercise of religion in violation of RLUIPA, the court said:

In the absence of a showing that the City acted arbitrarily in ways suggesting actual discrimination, the fact that there may be no other properties available to which the Church can expand its operations in the specific way it wants does not mean that the City's zoning code imposes a substantial burden on the Church. Moreover, the evidence provided by ICFG to support its claim that no other suitable properties exist is not sufficient to create a triable issue as to substantial burden.

The court rejected the church's claim that RLUIPA's "equal terms" provision was violated by the zoning code's differentiation between "assembly uses" and uses for commercial recreation and entertainment activities, saying: "ICFG cites to nothing in the legislative history indicating the intent of Congress that the legislation abrogate all local zoning regulations that distinguish between private or nonprofit assemblies and institutions, and commercial or for-profit gatherings of multiple persons." The court also concluded that: "ICFG cannot maintain a claim under the 'total exclusion' provision [of RLUIPA] based simply on the fact that the Church has decided that the only property that will suit it is one that the City will not zone for assembly use." (See prior related posting.)

Hearing Set For January 15 In Challenges To Inauguration Ceremony

Yesterday, the U.S. District Court for the District of Columbia set a date for a hearing on a preliminary injunction in Newdow v. Roberts. The suit challenges the practice of clergy delivering prayers at the upcoming presidential inauguration and challenges the use of "so help me God" by the Chief Justice in administering the oath of office. (See prior posting.) The order (full text) provides that "based on the extraordinary relief sought by the plaintiffs, the Court will hold a hearing on the motion for a preliminary injunction (in essence a motion for a temporary restraining order) on January 15, 2009." [Thanks to Bob Ritter for the lead.]

Labor Department Issues Guidance On RFRA Exemption For Grantees

Yesterday the Department of Labor issued a release explaining how recipients of federal grants under the Workforce Reinvestment Act (WRA) can obtain an exemption from statutory provisions barring hiring by grantees on the basis of religion (full text of Guidance document.) The DOL document implements a 2007 Justice Department Ruling (see prior posting) holding that non-discrimination provisions in federal grant programs are trumped by the Religious Freedom Restoration Act. While the DOL guidance is framed in broader terms, the WRA is the only statute administered by DOL that contains an explicit religious non-discrimination provision (29 USC Sec. 2938). The Guidance sets out various representations that applicants for an exemption must make to DOL. [Thanks to Steven H. Sholk for the lead.]

In Nepal, Clergy Challenge Government's Power To Appoint Hindu Priests

Last May, Nepal abolished its monarchy and moved to a parliamentary form of government. The Hindu reported yesterday on a new religious clash created by the change. Historically the King appointed Nepal's top Hindu priests. The Prime Minister, as the new head of state, last week named two priests to lead the Pashupatinath Temple in Katmandu. Some 200 University students have demonstrated against the appointments. Hindu priests want appointment power to rest solely with the clergy, and they have refused to take part in religious ceremonies at the temple since the appointments. Priests say the government is interfering with religion and upsetting centuries of tradition. Since a new constitution for Nepal has not yet been drafted, legal authority to appoint top priests remains unclear.

Cert. Petition Filed In Case Challenging Jurors' Use of Bible

Yesterday, a petition for certiorari (full text) was filed in Oliver v. Quarterman. In the case, the U.S. 5th Circuit Court of Appeals held that a jury's use of the Bible during the sentencing phase in a murder case was improper, but was not shown to have influenced the jury's decision. (See prior posting.) [Thanks to Scott Gant for the lead.]

Repressive Religion Law Signed By President of Nagorno-Karabakh

Yesterday Forum 18 reported that on December 24, President Bako Sahakyan of the unrecognised Republic of Nagorno-Karabakh in the South Caucasus (between Armenia and Azerbaijan) signed a "repressive" new Religion Law. The statute, many of whose provisions were taken from Armenia's Religion Law, will go into effect ten days after its official publication later this month. Forum 18 says:

The main restrictions in Karabakh's new Law are: an apparent ban on unregistered religious activity; state censorship of religious literature; the requirement for 100 adult citizens to register a religious community; an undefined "monopoly" given to the Armenian Apostolic Church over preaching and spreading its faith while restricting other faiths to similarly undefined "rallying their own faithful"; and the vague formulation of restrictions....

Although the Law does not specifically ban unregistered religious activity, Article 25 requires all religious organisations to register or re-register within six months of the new Law coming into force.

California Supreme Court Says Episcopal Church Owns Property of Break-Away Parish

Today in Episcopal Church Cases, (CA Sup. Ct., Jan. 5, 2009), the California Supreme Court held that building and property of the St. James Parish in Newport Beach belongs to the Episcopal Church, not the parish, once the parish broke away and affiliated with the more conservative Anglican Church of Uganda. The Canons of the Episcopal Church provide that property held by a local parish is held in trust for the general church and for the diocese in which the local church is located.

The court determined that the following test should be used in church property disputes under California law:

if resolution of a property dispute involves a point of [religious] doctrine, the court must defer to the position of the highest ecclesiastical authority that has decided the point. But to the extent the court can resolve a property dispute without reference to church doctrine, it should apply neutral principles of law. The court should consider sources such as the deeds to the property in dispute, the local church’s articles of incorporation, the general church’s constitution, canons, and rules, and relevant statutes, including statutes specifically concerning religious property, such as Corporations Code section 9142 [which provides that the governing instruments of a general church may impress a trust on property of a local church].

The court also concluded that the suit was not subject to an anti-SLAPP motion to strike under California law. A partial concurrence by Justice Kennard argued that Corporations Code sec. 9142 vests the property with the Episcopal Church because it imposes the principle that civil courts must accept decisions of the highest authority in an hierarchical church. She argues that the statute does not reflect a "neutral principles" approach, because it imposes a special rule on religious organizations that would not apply under general property law. The statute allowed imposition of a trust on church property without the congregation's agreement by a resolution adopted after it owned the property. [Thanks to John B. Chilton for the lead.]

Victoria AG Temporarily Refused Communion on Christmas Eve

In Australia, Melbourne's Herald-Sun and Sydney's Morning Herald reported last week that Victoria's Attorney-General Robert Hulls was refused communion on Christmas eve by a minister assisting the parish priest at St. Monica's Church in Moonee Ponds. Apparently the refusal was motivated by Hulls' role in referring the state's recently enacted abortion law to the Law Reform Commission, even though Hulls voted against the bill in Victoria's Parliament. The new law permits abortions through the second trimester (and after that with approval of two doctors). After the embarrassing refusal by the minister on Christmas eve, Hulls moved to a second line being served by parish priest Fr. Peter Kenny, who gave him communion. Fr. Kenny says the incident was a misunderstanding, and he had no hesitation in giving Hulls communion and blessing Hulls' children.

Court Says Israel's Religion Ministry Discriminated Against Reform Synagogues

Yesterday's Y Net News reports on the efforts of three Reform Jewish synagogues in Israel to get the Ministry of Religious Affairs to list them on its website of Israeli synagogues. The Ministry, however, objects to listing non-Orthodox congregations. This led the congregations to sue the Ministry under Israel's anti-discrimination law. Shortly after the suit was filed, the Ministry took down the web site completely. The Kfar Saba Magistrate's Court requested that the Ministry post an updated list of synagogues online including the Reform congregations. When the Ministry refused to do so, the court awarded each of the three synagogues damages of $2500.

5 Catholic Adoption Agencies In Britain Comply With Equality Act

Ekklesia reported yesterday that five of the eleven British Catholic adoption agencies that were given 21 months to adjust to the 2007 Equality Act (Sexual Orientation) Regulations have now come into compliance. The 21-months expired January 1. The complying agencies can no longer refuse to place children for adoption with gay and lesbian couples. One of the eleven Catholic agencies will close, two are seeking exemptions and authorities hope that the other three will come into compliance. (See prior related posting.)

Recent Articles Of Interest

From SSRN:

• Jeffrey Shulman, The Outrageous God: Emotional Distress, Tort Liability, and the Limits of Religious Advocacy, (Penn State Law Review, Vol. 113, p. 381, 2008).


• Jeffrey Shulman, What Yoder Wrought: Religious Disparagement, Parental Alienation and the Best Interests of the Child, (Villanova Law Review, Vol. 53, p. 173, 2008).


• Doug Ford, Inspiring and Inadequate: The Krstic' Genocide Conviction Through the Eyes of a Srebrenica Survivor, (HUMAN RIGHTS ADVOCACY STORIES, Deena Hurwitz, Margaret Satterthwaite, & Douglas Ford, eds., Foundation Press, 2009.)


• Francis Joseph Mootz, Faithful Hermeneutics, (Michigan State Law Review, 2009).


• Sylvie Bacquet, Manifestation of Belief and Religious Symbols at Schools: Setting Boundaries in English Courts, (October 30, 2008).


• Cristine Soliz & Joseph, Harold, Native American Literature, Ceremony, and Law, (MLA Options For Teaching Literature and Law, Austin Sarat, Cathrine Frank, Matthew Anderson, eds., 2009).

From SmartCILP:

• Ronald J. Krotoszynski, Jr., The Apostle, Mr. Justice Jackson, and the "Pathological Perspective" of the Free Exercise Clause, 65 Washington & Lee Law Review 1071-1089 (2008).


• Rene Reyes, Conscience Reexamined: Liberty, Equality, and the Legacy of Roger Williams, (Reviewing Martha C. Nussbaum, Liberty of Conscience: In Defense of America's Tradition of Religious Equality.) 36 Hastings Constitutional Law Quarterly 1-11 (2008).


• Symposium: Law and Religion. Lecture by Leslie C. Griffin; articles by Barbara L. Atwell, Bradley Aron Cooper, Karen Sandrik and Ian J. Silverbrand. 85 University of Detroit Mercy Law Review 475-604 (2008).

Rahm Emanuel's Rabbi Talks About The New Chief-of-Staff

Today's Springfield (IL) State Journal Register carries an interview about Rep. Rahm Emanuel with Emanuel's rabbi, Rabbi Asher Lopatin. Emanuel is President-elect Obama's new chief of staff. Lopatin, rabbi of Chicago's Anshe Sholom B’nai Israel, a Modern Orthodox synagogue, says that Emanuel is "definitely a deeply religiously committed person." Lopatin relates that he advised Emanuel that it was appropriate for him to participate last Rosh Hashana in a conference call regarding the pending financial bail-out bill. Lopatin concluded that it was important enough to be a matter of life-and-death for some individuals. In Jewish law, the saving of a life takes precedence over most other religious commandments.

Obama Transition Studying Faith-Based Funding Partnerships

Today's Christian Science Monitor reports on efforts underway by the Obama transition team to extend and modify Pres. Bush's Faith-Based and Community Initiative. It reports that the transition has set up a large advisory committee with differing perspectives on the most contentious issues to tackle the church-state issues involved in federal funding of faith-based organizations. Among the most troublesome issues is when, if ever, faith-based hiring should be permitted for federally funded programs. Obama has proposed a Council for Faith-Based and Neighborhood Partnerships, with 12 federal offices to promote the program.

New Policy On Comments

Beginning immediately, I will be moderating all comments before they appear online on Religion Clause. I regret moving to this system, but lately there has been a significant increase in commercial spam and in off-topic and inappropriate comments. I welcome reasoned comments on all postings. However this is not a forum for personal attacks on other commenters or invective directed at various groups. While I encourage a broad spectrum of diverse viewpoints, repetitious comments by the same individual on numerous postings will also be excluded.

Court Rejects RFRA Defense To Charges of Illegal Importation of Animal Parts

In United States v. Manneh, 2008 U.S. Dist. LEXIS 105209 (D NY, Dec. 31, 2008), a New York federal district court refused to dismiss an indictment against Mamie Manneh who was charged with importing parts of endangered African primates without the permit required by the Convention on International Trade in Endangered Species and failing to disclose to border officials the true nature of the product she was importing. Manneh, a Liberian immigrant, argued that her prosecution violated her rights under the Religious Freedom Restoration Act. She claims that bush meat is sacred to her. The court found that Manneh's religious claim was not sincere, but instead was merely pretextual. It concluded that even if her beliefs about bush meat were sincere, there was nothing in them that prevented her from disclosing the nature of her imports or applying for the required import license. Friday's New York Daily News reported on the decision. (See prior related posting.)

Professor Suggests Cremating Bodies of Mumbai Terrorists

As previously reported, Muslim cemeteries in India have refused burial to the bodies of the Mumbai terrorists, saying that their actions demonstrate that they could not be true Muslims. Vanderbilt University Professor Leor Halevi, in an opinion piece from the Washington Post reprinted today, says that burying the terrorists outside a Muslim ceremony in their battlefield clothing would be inappropriate. This is the method Islamic law prescribes for burying martyrs-- who do not need more to go to heaven. Instead, Halevi suggests that the best way to handle the bodies is to cremate them (a non-Muslim method of disposing of bodies) and then scattering their ashes at sea (to prevent creation of a memorial to the dead men and to indicate the international aspect of the terrorism problem).

9th Circuit Denies En Banc Review of Certification In Boy Scourts Case

In the latest chapter of a complex procedural route through the courts, in Barnes-Wallace v. City of San Diego, (9th Cir., Dec. 31, 2008), the U.S. 9th Circuit Court of Appeals refused to grant an en banc review of a June 2008 order certifying three questions of California state constitutional law to the California Supreme Court. (See prior posting). Six judges dissented from the denial of en banc review. The case a challenge to the City of San Diego's leasing, at nominal rentals, to the Boy Scouts city property on which the Scouts operate a campground and aquatic center. The challenge turns on the scout's exclusion of atheists, agnostics, and homosexuals as members or volunteers and its requirement that members affirm a belief in God. The dissenters argue that plaintiffs lack standing, saying:

Today, our court promulgates an astonishing new rule of law for the nine Western States. Henceforth, a plaintiff who claims to feel offended by the mere thought of associating with people who hold different views has suffered a legally cognizable injury-in-fact. No other circuit has embraced this remarkable innovation, which contradicts nearly three decades of the Supreme Court’s standing jurisprudence. In practical effect, the three-judge panel majority’s unprecedented theory creates a new legal landscape in which almost anyone who is almost offended by almost anything has standing to air his or her displeasure in court.

Today's San Diego Union-Tribune reports on the decision.

Proposed Texas Science Standards Please Scientists

The Ft. Worth Star Telegram reported on Thursday that the proposed final draft (full text) of science curriculum standards for Texas high schools pleases scientists who feared that the standards would undercut the teaching of evolution. The draft defines science using the National Academy of Science language. The draft also says that that students should be able "to evaluate models according to their limitations in representing biological objects or events." This replaces more problematic language in the current science guidelines (full text) that refer to students analyzing the "strength and weaknesses" of scientific theories. The new draft resulted even though the review panel included three anti-evolutionists. (See prior posting.) A public hearing on the new draft will be held Jan. 21, and a final board vote on them will take place in March. [Thanks to Scott Mange for the lead.]

Pennsylvania Court Says Marriages Can Be Performed By Clergy Without Churches

The Philadelphia Inquirer reports that a Bucks County, Pennsylvania judge ruled on Wednesday that a marriage performed by a minister of the Universal Life Church is valid even though the minister was ordained online and has no permanent congregation. In 2007, a judge in York county ruled that such marriages were invalid because Pennsylvania law limits clergy who can perform weddings to those who have a "regularly established church or congregation." (23 Pa. Consol. Stats. 1503 [LEXIS link]). (See prior posting.) Bucks County Court Judge C. Theodore Fritsch Jr. held, however, that it is enough that the minister is ordained by a group that operates under a widely-recognizes system of beliefs. The successful lawsuit was filed by the ACLU which has won similar rulings in two other Pennsylvania counties. (See prior related posting.)

British Proposal Would Authorize Women Bishops With Alternative "Complementary Bishops"

In Britain, the Church of England this week published the draft of proposed legislation that would for the first time permit women to become bishops in the Church of England. They may already be ordained as priests. Under the draft "Bishops and Priests (Consecration and Ordination of Women) Measure," male "complementary bishops" will be appointed to minister to those parishes unwilling to accept women bishops and priests. It also provides for the House of Bishops to adopt a Code of Practice setting out arrangements for functioning of complementary bishops. Yesterday's Spero News and today's Church Times report on the proposal. The report from the legislative drafting group and other primary source materials on the proposal are available from the Church of England website.

Vice Mayor Won't Offer Invocation If It Must Be Non-Sectarian

The Roanoke, Virginia Times reported on Wednesday that Roanoke's vice mayor, Sherman Lea, who is also a minister, is asking that his name be removed from the list of clergy who offer invocations before city council meetings. His request came after council members and the ACLU received an e-mail from a Roanoke citizen complaining about Lea's Dec. 15 invocation which included several Christian references. Lea says he would rather not offer prayers than compromise his beliefs by eliminating possible references to Jesus. [Thanks to Scott Mange for the lead.]

Malaysia Orders Catholic Paper To Cease Publishing Pending Court Decision

In Malaysia, the newspaper Catholic Herald has been in a dispute for some time with government officials over the paper's use of the term "Allah" in its Malay language edition to refer to God. In November, the Herald filed suit asking the courts to resolve the issue. (See prior posting.) AFP reported Thursday that in renewing the paper's license earlier this week, the Malaysian Home Ministry ordered the paper to completely cease publishing its Malay language edition until courts resolve the question of whether "Allah" is a term that can only be used by Muslims.

Missouri Religious Organization In Tax Dispute

The Joplin (MO) Globe yesterday reported on tax dispute between Jasper County, Missouri and The Bridge, a Christian ministry. At issue is whether the group is entitled to an exemption from real estate and personal property taxes on it building that features climbing walls, a basketball court, a skate park, an arcade, a concert venue and a cafe. Bridge staff get to know young people through those activities in order invite them to participate in Christian religious activities. The Bridge has paid assessed taxes under protest and will now sue for a refund.

Happy New Year and Thanks To Religion Clause Readers

Dear Religion Clause Readers:

Happy New Year! As we enter one of the most challenging years in U.S. history, I want to thank all of you who read Religion Clause. To the long time followers, thanks for your continuing interest; to those who have joined us more recently, welcome aboard! It has been a year packed full of news and developments relating to law and religion. And it has been a good year for Religion Clause blog. The site meter shows that the blog has attracted over 430,000 visits since it began in 2005. Over 205,000 of those were registered in 2008. This past year, Religion Clause was again named by the ABA as one of the 100 best legal blogs. Also this year, upon reader request, I have added an option permitting you to receive Religion Clause through daily e-mails. Some individuals appear to favor that delivery method. (Scroll to bottom of sidebar to sign up).

Religion Clause's established format of strict neutrality, broad coverage and links to numerous primary sources seems to have filled a special niche for those interested in the areas of church-state and religious freedom. I am pleased that my regular readers span the political and religious spectrum. Thanks also to those of you who send me leads to new developments. I read and appreciate receiving them, even though I cannot always acknowledge them. They help me assure that the coverage of the blog is complete.

Best wishes for 2009!

Howard M. Friedman

Christmas Music Case Is On Appeal in 3rd Circuit

Today's New Jersey Jewish News discusses the pending appeal in the 3rd Circuit of Stratechuk v. Board of Education, South Orange Maplewood School District, in which a New Jersey federal district court upheld a school board's holiday music policy that barred inclusion of religious holiday music in school holiday concerts. (See prior posting.) The Thomas More Law Center filed the appeal, arguing that the ban amounts to hostility toward religion, that it changes Christmas from a religious to a secular holiday and that it deprives students of the right to receive information and ideas. The American Jewish Congress is coordinating an amicus brief supporting the lower court's holding.

Vatican Will End Automatic Adoption of Italian Law

ANSA and the Times Online of London report that starting today, the Vatican will end the practice adopted under a Vatican statute signed in 1929 of automatically incorporating laws passed by Italy's Parliament into the Vatican's legal code (except in cases of radical incompatibility with canon law). A new Vatican statute signed in October by Pope Benedict XVI comes into effect today. It requires each Italian law to be carefully examined before being incorporated into the Code of Vatican Law. New international treaties will also be carefully examined. The change stems largely from concerns about liberal Italian laws on divorce and abortion, and trends in Europe that could find their way to Italy on same-sex civil unions and euthanasia, although the Vatican is also concerned about the sheer number of laws passed by Italy's Parliament.

Brokerage Firm Settles EEOC Religious-National Origin Discrimination Suit

Reuters reported yesterday that Merrill Lynch has agreed in a settlement with the EEOC to pay former employee Majid Borumand $1.55 million in damages, back pay and legal fees in a suit alleging that the financial analyst was not promoted and then was fired because he was an Iranian Muslim. Merrill also agreed to train employees to avoid future religious and national origin discrimination and retaliation. The EEOC will monitor Merrill for two years.

EEOC Gets Settlement To Reinstate Seventh Day Adventist Worker

Today's Sacramento Bee reports that Sierra Pacific Industries has entered a consent decree with the EEOC in a suit on behalf of a Seventh Day Adventist who was fired from the company's Oroville, California lumber mill when he refused to work Friday night shifts for religious reasons. The settlement reinstates Luciano Cortez and permits him to work a Monday through Friday day shift so he can be off on his Sabbath. It also awards him damages. The consent decree, approved by a California federal court last week, also requires the company to train its managers annually on accommodation of employees' religious beliefs and other discrimination issues, and to report annually to the EEOC.

DC Circuit Rejects Free Exercise Challenge To DNA Sampling

In Kaemmerling v. Lappin, (DC Cir., Dec. 30, 2008), rejected a federal prisoner's free exercise challenges the government's taking of a required DNA sample from him pursuant to the DNA Analysis Backlog Elimination Act. Russell Kammerling argued that as an Evangelical Christian, submitting to DNA testing is repugnant to his religious beliefs regarding the proper use of "the building blocks of life." He views the collection and retention of DNA samples as laying the foundation for the rise of the anti-Christ.

First, the court held that Kammerling need not exhaust administrative remedies, because the Bureau of Prisons had no authority to grant him any relief on this issue. Moving to the merits, the court rejected Kammerling's challenges under the First Amendment and RFRA. As to RFRA, the court concluded that the DNA collection does not burden any exercise of religion by Kammerling-- it does not pressure him to change his behavior. Even if his religious exercise were burdened, the court concluded that the government had a compelling interest in collecting prisoners' DNA. Yesterday's Washington Post reported on the decision.

Amish Farmer Charged For Failing To Register Livestock Premises

Yesterday's Chicago Tribune reports that for the first time in Wisconsin, an Amish farmer has been charged civilly with failing to comply with the state's livestock premise registration law. The law is designed to facilitate notice to farmers when there are emergencies or disease outbreaks. Emanuel Miller, Jr.'s failure to register slowed down the state's response to a 2007 outbreak of pseudorabies. The Amish are concerned that the identification number that will be assigned to their farm could be considered the "mark of the beast." Miller faces a possible fine of up to $5000.

NY Court Refuses To Confirm Arbitration Award Of Jewish Religious Court

In In re Brisman v. Hebrew Academy of the Five Towns & Rockaway, (Sup. Ct. Kings Co. NY, Dec. 18, 2008), a New York state trial court refused to confirm an arbitration award issued by a Bet Din (Jewish religious court) in a dispute between a religious school and a teacher who was terminated after his contract expired. The Bet din had awarded back pay and ordered reinstatement of the teacher with tenure at a set salary. the court held:

The Beth Din's determination ... essentially forces Respondent, an "at will" private employer, to employ Petitioner, who ... has a clear difference in ... religious philosophy from Respondent's administration, for an indefinite tenure. Furthermore, the salary set forth by the Beth Din of $100,000 is arbitrary, unfounded and irrational, as the base salary, as set forth by the expired employment contract, was $54,000....

Secondly, by retaining indefinite jurisdiction, the Beth Din exceeded a specifically enumerated limitation on its authority, as set forth by the parties in their own agreement to arbitrate.

Lastly, the award is violative of public policy. The Beth Din's ruling sets a precedent that will impact and limit the ability of private schools to make and enforce routine employment decisions....

[Thanks to Joel Katz for the lead and to Failed Messiah for posting the opinion.]

Oregon Appeals Board Says Animist Church Must Be Permitted Under RLUIPA

In Young v. Jackson County, (OR Land Use Bd. App., Dec. 23, 2008), the Oregon Land Use Board of Appeals held that the "equal terms" provision of RLUIPA was violated when a county denied an application to operate a church in an existing dwelling on land zoned for farm use, but within three miles of an urban growth boundary. Scott and Sulara Young, who practice a form of Native American Animism known as Huichol Shamanism, already use the 10-bedroom house as a religious retreat center. The Board found that the county permits a number of other uses that have a similar impact on agricultural land, such as parks, playgrounds, community centers golf courses and living history museums. Today's Medford (OR) Mail Tribune reports on the decision.

NJ Finds Discrimination In Faith Group's Refusal To Rent Premises For Civil Union

The New Jersey Division of Civil Rights announced yesterday that its investigation had found probable cause to credit allegations that the Methodist-affiliated Ocean Grove Camp Meeting Association had discriminated against a lesbian couple when it refused to rent its Boardwalk Pavilion for the couple to use for their civil union ceremony. In Bernstein v. Ocean Grove Camp Meeting Association, (NJ Civ. Rts. Div., Dec. 29, 2008), the Division first found that the Association's Boardwalk Pavilion-- widely used by the public-- is a place of public accommodation under New Jersey's Law Against Discrimination. The Division rejected the Association's free exercise of religion and free speech defenses to the discrimination charges. It found that in renting the Pavilion, the Association did not distinguish between religious or secular weddings, or between Christian weddings or those of other faiths, and that the Pavilion was not being used by the Association to convey a particular message. The case now moves from this preliminary determination to a hearing by an administrative law judge.

In a second case, Moore v. Ocean Grove Camp Meeting Association, (NJ Civ. Rts. Div., Dec. 29, 2008), the Division rejected a complaint from another lesbian couple who applied to sue the Boardwalk Pavilion for a civil union ceremony after the Association decided to stop renting it out to anyone for weddings or similar events. The AP reports on the decisions. It points out that an appeal in a suit alleging that the state Division of Civil Rights lacks jurisdiction to decide the Bernstein case is pending before the 3rd Circuit. A federal district court refused to enjoin the state from investigating the complaint. (See prior posting.)

Amended Complaint Expands Reigious Promotion Charges Against Army

Yesterday the Military Religious Freedom Foundation filed an amended complaint (full text) in Chalker v. Gates, (D KA, filed 12.29/2008), seeking to protect enlisted military personnel from being required to attend military functions and formations that include Christian prayer. Plaintiff, an atheist stationed at Ft. Riley, Kansas, says that his treatment is evidence of a broad pattern and practice of the Defense Department and the U.S. Army unconstitutionally promoting religious belief. The 25-page amended complaint lists more than 2o examples of impermissible promotion of religion by the military. These range from military flyovers at religious events to the content of the Army's suicide prevention program. The suit was originally filed last September. (See prior posting.) Yesterday's Kansas City Star reports that the expanded complaint was filed after Chalker unsuccessfully attempted in recent months to pursue his complaints administratively. The amended complaint alleges that Chalker has exhausted the intra-Army administrative process in seeking relief.

Newdow Lawsuit Challenges Inaugural Oath and Invocation [UPDATED]

A press release from the American Humanist Association reports that a lawsuit was filed on Dec. 30 in Washington, D.C. federal district court challenging two elements of the upcoming inauguration ceremony planned for Barack Obama. The complaint (full text and links to Appendices) in Newdow v. Roberts, (D DC, filed 12/29/2008) asks the court to enjoin the Chief Justice-- who will administer the oath of office-- from adding "so help me God" to the constitutionally prescribed presidential oath (Art. II, Sec. 1). It also asks the court to declare unconstitutional the use of clergy to deliver an invocation and benediction. Plaintiffs allege that both of these practices violate the Establishment Clause, Free Exercise Clause and the Religious Freedom Restoration Act. In addition to the Chief Justice, defendants include the Presidential Inaugural Committee and its leaders, and the clergy scheduled to take part in the ceremony. Some 40 individuals and organizations-- atheist and secular humanist in belief-- are named as plaintiffs. On the crucial issue of standing, the complaint alleges:

Under the Establishment Clause, Plaintiffs have a right to view their government in action without being forced to confront official endorsements of religious dogma with which they disagree. This is especially the case when that dogma stigmatizes them in the process.

Being forced to confront such religious dogma as the price to pay for observing a governmental ceremony is a substantial burden upon Plaintiffs’ rights of Free Exercise as well.

The Examiner carries a posting commenting on the filing. Volokh Conspiracy has extensive commentary on the lawsuit.

2nd Circuit Says Asylum Applicant Is Not Genuine Falun Gong Adherent

In Zheng v. Mukasey, (2d Cir., Dec. 29, 2008), the U.S. 2nd Circuit Court of Appeals upheld the denial of asylum to an immigrant from China who claimed that he would face religious persecution if he was returned home. The court held that there was substantial evidence to support the Immigration Judge's finding that Yangli Zheng was not a genuine Falun Gong adherent and that he would not practice Falun Gong if returned to China.

Huge Mass In Spain Opposes Government's Social Reforms

Reflecting its opposition to social reforms enacted and proposed by Spain's Socialist government, the Catholic Church yesterday held an open-air Mass in Madrid attended by hundreds of thousands. AFP reports that Pope Benedict XVI addressed the crowd from the Vatican on large screens set up in Plaza Colon. The Pope urged families not to allow distortion of family life, and the Archbishop of Madrid attacked the "cruelty"of abortion. Since 2004, the Spanish government has legalized same-sex marriage and created quicker divorce procedures. It is proposing a new law to offer greater protections to women who wish to obtain abortions and to their doctors.

Orissa Will Investigate Charges of False Scheduled Caste Certificates

In the Kandhamal district of the Indian state of Orissa, the government has agreed to investigate charges that at least two politicians have used false Scheduled Caste certificates to obtain governmental positions. (See prior related posting.) In India, members of Scheduled Castes (formerly known as "untouchables") obtain various preferences. According to Zee News yesterday, opponents charge that Radhakant Nayak , now a member of India's upper house of Parliament, entered the civil service in the 1960's by using a false certificate. Nayak is head of a local chapter of the Christian charity, World Vision. Critics also charge that Sugrib Singh, a member of the lower house of India's Parliament, became a Parliament member by means of a false certificate. Under current Indian law, a Hindu member of a Scheduled Caste loses that status if he or she converts to Christianity. (See prior posting.) Members of Scheduled Tribes, however, do not lose their status through religious conversion.

Meanwhile, an article today in Religious Intelligence reviews the history of anti-Christian violence in Orissia over the last ten years.

UPDATE: The Hindu reports on Tuesday that the government of Orissa is attempting to deal with broader objections regarding false caste certificates by proposing to eliminate the term "kui" from the list of tribals. Many speak the kui language who were not tribals. Tribals can convert religion and keep tribal status. The proposal will be considered by the state level Tribal Advisory Committee on Jan. 19.

Connecticut Minister Disputes Interpretation of Tax Exemption Statute

Is church property subject to taxation if the church stops using it for religious services? The Colchester, Connecticut tax assessor says the answer to that is "yes" under Connecticut law. However, Rev. Susan Nikirk disagrees. Yesterday's Norwich (CT) Bulletin reports that Rev. Nikirk reluctantly paid over $3500 in taxes, but threatened to sue after the property tax exemption for the former Vine Training and Worship Center was revoked. The property has now been sold. The issue turns on the interpretation of Connecticut General Statutes, Chap. 203, Secs. 12-81 and 12-88.

Maryland Court Says Denial of New Sign Does Not Subtantially Burden Church

In Trinity Assembly of God of Baltimore City, Inc. v. People's Counsel for Baltimore County, (MD Ct. App., Dec. 24, 2008), the Court of Appeals of Maryland in a 48-page opinion rejected a church's RLUIPA challenge to a decision of the Baltimore County Zoning Board of Appeals. The county refused to grant a variance to a Towson (MD) church that wanted to put up a 250 square foot sign facing the Beltway. Rejecting Trinity church's appeal, the court held that neither the Sign Law nor the zoning denial imposed a substantial burden on the church's religious exercise.

Recent Prisoner Free Exercise Cases

In Shaw v. Norman, 2008 U.S. Dist. LEXIS 102744 (ED TX, Dec. 19, 2008), a Texas federal magistrate judge refused to grant summary judgment for defendants and permitted an inmate to move forward with his 1st Amendment an RLUPA challenges to confiscation of his property by prison authorities. Plaintiff's prayer rug was taken because he did not have property papers for it; his Koran was taken because he had altered it with tape; and his prayer beads were taken because he was wearing them around his neck.

In Moore v. McCracken County, 2008 U.S. Dist. LEXIS 102786 (WD KY, Dec. 19, 2008), a Kentucky federal district court dismissed a free exercise claim by a Muslim prisoner who complained about the delay he suffered in being given access to a diet consistent with his religious beliefs. The court held that plaintiff had not shown that he was inadequately nourished during the two months before he was placed on the list of prisoners to receive a no-pork diet.

In Rhodes v. Alameida, 2008 U.S. Dist. LEXIS 103335 (ED CA, Dec. 12, 2008) involved objections by a Native American prisoner that certain of his religious artifacts were destroyed by prison officials. A California federal magistrate judge refused to grant summary judgment to defendants, finding that they had not demonstrated a legitimate governmental interest in the prison policy that calls for destruction of disallowed property of inmates who have not paid to have the property mailed to a family member or friend. (See prior related posting.)

Top 10 Church-State/ Free Exercise Stories of 2008

Again this year, I am publishing my nominations for the 2008 Top Ten Developments in Church-State Separation/ Free-Exercise of Religion. There were many potential nominees, so I invite your comments on these choices. I have focused not just on the attention which particular stories received, but also on the long-range implications of the developments selected. Religion Clause has posted numerous items on these developments over the past year. Links are to selections of the coverage:

1. Barack Obama reaches out to faith groups in the campaign and renounces his own pastor's statements.

2. The Mormon Church (Church of Jesus Christ of Latter Day Saints) gains widespread national attention after Mitt Romney seeks Republican nomination and LDS members are active in opposing California's Proposition 8.

3. Christians see increasing clash between religious freedom and push for both same-sex marriage and sexual orientation non-discrimination.

4. Regulations focus on clash between patient rights and conscience rights for pharmacists and health care workers.

5. Texas child protective services agency conducts high profile raid on compound of polygamous FLDS Church and takes children into temporary state custody.

6. IRS rules on church involvement in political campaigns increasingly invoked and challenged.

7. Church-state and free speech challenges to religious-themed license plates reach courts.

8. Turkey's ruling party challenged in Constitutional Court over secularism disputes.

9. 9th Circuit interprets RFRA in Navajo Nation v. U.S. Forest Service.

10. Massive Bernard Madoff fraud decimates numerous Jewish non-profits and philanthropists.

You may find it interesting to compare my picks with those of the Religious Newswriters Association and of Time Magazine.

New Regulations Ban Religious Proselytizing of Military Recruits

Today's Virginian-Pilot reports that the Military Entrance Processing Command has issued new regulations to prevent religious proselytizing of recruits at its Military Entrance Processing Stations. The new regulations were issued after complaints that some ministries were targeting the centers-- where recruits get their physicals and are sworn in-- in an effort to identify themselves with the military. For example, one group handed out khaki covered copies of the New Testament. The new regulations still permit religious literature and publications produced by outside parties to be made available at processing stations, but the centers cannot show favoritism to any particular faith or group. No publications that create the impression of government endorsement or sponsorship are permitted. Also no proselytizing, preaching or spiritual counseling by outside parties will be permitted.

Islamic Revival In Bosnia Threatens Secularism

Today's New York Times says that Bosnia's secularism is being tested by an Islamic revival in the country. Some parents have complained after Muslim education was recently introduced in state-financed kindergartens. In predominately Muslim Sarajevo, many streets have been renamed for Muslim heroes. New madrasas have been built in recent years and political parties identifying with Muslim interests are popular. Still, a recent survey concluded that 60% of Bosnian Muslims still favor keeping religion a private matter.

Times Analyzes Madoff's Victimization of Jewish Philantropists and Charities

Today's New York Times carries an interesting analysis of the Jewish charities and philanthropists that were victims of the Bernard Madoff fraudulent Ponzi scheme. (See prior posting.) Titled Trust and Exploitation in a Close-Knit World, the article points out that the Jewish victims were all part of the Modern Orthodox community. It remarked: "[T]he conspicuous fact remains that no institutions explicitly, or even implicitly, affiliated with Reform, Conservative or Reconstructionist Judaism had investments with Mr. Madoff."

The article suggests that Madoff, who himself was not Orthodox, earned entree through J. Ezra Merkin of Ascot Partners. The synagogues, schools, institutions and individuals that were defrauded, it says, "are bound by religious praxis, social connection, philanthropic causes. Yet what may be the community’s greatest virtue — its thick mesh of personal relations, its abundance of social capital — appears to have been the very trait that Mr. Madoff exploited."

Ohio Mayor Reluctantly Changes Christmas Sign

Christmas has passed, but controversies of Christmas displays have not. Today's Elyria (OH) Chronicle-Telegram reports that Avon Lake, Ohio's mayor has changed the message he put up Dec. 15 on the display board outside city hall. It read: "Remember Christ is in Christmas." After two members of City Council and the city law director agreed with Americans United that the sign was inappropriate, Mayor Karl Zuber reluctantly took down everything except the word "Remember." Zuber said: "I think the government was founded on Christian principles, and I'm a firm believer in those principles.... I don’t think the message was establishing a church for our nation." Zuber says that next week, the sign will probably be changed to read: "Happy New Year."

Bahrain Wil Donate Land For New Catholic Church

Responding to a request from Pope Benedict XVI, the government of Bahrain will donate land for the building of a new Catholic Church in the country. Gulf News today reports that the existing Sacred Heart Catholic Church was built in 1939-- the first in an Arabian Gulf country.

Navy Says Messianic Jewish Chaplains Must Wear Cross As Lapel Insignia

Jews in Green reported last week that Vice Admiral M. E. Ferguson, head of the Navy's Uniform Board, has followed the lead of the Army and Air Force and ruled that Messianic Jewish chaplains must wear the Christian Cross, rather than the Jewish Ten Commandment Tablets, as lapel insignia. According to the Messianic Daily News, the Nov. 26 ruling by the Navy resulted in Messianic Jewish chaplain Michael Hiles refusing to enroll in the Navy Chaplain School. The ruling is characterized rather differently by competing sides. Jews in Green applauds it as a way to prevent Messianic chaplains from misidentifying themselves to unsuspecting Jewish service members. The Messianic Daily News calls the decision one that "essentially bars Messianic Jews from serving as chaplains ... because it would require them to wear an insignia inconsistent with their faith and belief system." [Thanks to God and Country blog for the lead.]

Tony Alamo Says Civil Suit Requires Court To Decide Religious Issues

Today's Arkansas Democrat Gazette reports that on Nov. 25, two former members of the Tony Alamo Christian Ministries filed a federal court lawsuit against Alamo charging that as teenagers they were beaten and subjected to abuse by the church. On Tuesday Alamo's lawyers filed a Motion to Dismiss or Strike References to Religion (full text), objecting to various of the charges that they say will involve the court in deciding theological matters. They claim that some of the alleged beatings were in fact spankings of unruly children that are authorized by the Bible and were consented to by the children's parents. They say that withholding of food is justified by references to fasting throughout the Bible. Alamo's marrying of young girls, that allegedly caused distress to plaintiffs, attorneys argue also follows examples in the Bible. In September, Alamo was arrested on federal charges. (See prior posting.)

UPDATE: AP on Tuesday reported plaintiffs' response, arguing against Alamo's free exercise defenses.

Defamation Suit Against Greek Orthodox Church Dismissed

In Martinos v Greek Orthodox Archdioceses of America, (NY S.Ct., Dec. 16, 2008), a New York trial court dismissed a defamation action brought by the former parish council president of a Greek Orthodox congregation against the archdiocese, the church, its priest and a parish council past president. At issue was a letter to church officials and a flyer distributed to the congregation regarding charges of financial irregularities in use of parish funds that had been leveled against George Martinos. The court found that the information disseminated-- that allegations had been made, that Martinos had resigned as parish council president and that the bishop had banned him from parish positions-- were true. The court also held that the sending of the letter to its initial recipients was covered by a qualified privilege and that plaintiff failed to allege that these defendants were involved in its broader distribution or in distribution of the flyer. Finally, the court added that it "is troublesome" that the church never gave Martinos (wo is now deceased) the opportunity to try to clear his name. The court added that while it is not in a position to order it, "it would seem just for the church to permit [Martinos'] estate such an opportunity."

Fired Employees Sue Over Scientology-Based Business Model

A religious discrimination lawsuit filed in California state court last month is beginning to attract attention around the blogosphere, such as this Dec. 20 posting by Scott Pilutik. The complaint (full text) in Godelman v. Diskeeper Corp., (L.A. Super. Ct., filed Nov. 5, 2008) alleges religious discrimination in violation of California's employment discrimination laws. Plaintiffs, who were fired by Diskeeper, claim that the business was operated under the "Hubbard Management System" which is "a thinly-veiled cover for the Scientology religion and its teachings." Employees were required to attend training courses that were essentially courses in Scientology. Plaintiffs seek damages, reinstatement and an injunction prohibiting the company from forcing any employee to study, adopt or apply the the Hubbard system.

In an unusual procedural move, defendants responded on Dec. 10 with a Motion to Strike the portions of plaintiffs' complaint that seek reinstatement and injunctive relief (full text of Motion and Memorandum in Support.) The memorandum argues that plaintiffs' injunction request seeks to shut down a company's entire business model on religious grounds. Defendants urge: "To the extent that the Hubbard Management System is inherently religious in nature, Mr. Jensen's choice to use it to conduct his business is protected by the First Amendment and the California Constitution." [Thanks to Dispatches from the Culture Wars for the lead.]

Disputed Reports Say Gaza Has Adopted Sharia Criminal Law

Yesterday's Arutz Sheva quotes reports apparently originating with the London-based Saudi-owned newspaper Al-Hayat saying that the Palestinian Authority in Gaza has enacted a new law adopting the traditional Sharia criminal code. The reports say the new law adopts penalties such as lashes, amputation of thieves' hands, crucifixion, approval of blood revenge, and execution. It provides that only the victim of a crime can allow something other than penalties prescribed by the Qur'an. Crimes such as the consuming or producing of alcoholic beverages are punishable by lashes and have no specific victim who can pardon the offender. The new law provides the death penalty for various actions that aid enemies or injure Palestinian interests on behalf of enemies. Palestinian Authority legislators in Gaza, however, deny reports that they have adopted Islamic law, saying there has been no official statement confirming the report.

Christmas Is Legal Holiday For First Time This Year In Iraq

For Iraqis, Christmas was different this year. According to the AP yesterday, for the first time the Iraqi government has declared Christmas an official holiday. The Orlando Christianity Examiner on Tuesday reported that in a small Baghdad park, Iraq's Interior Ministry hosted the country's first-ever legal public Christmas celebration. Most of those attending were not Christian, but Interior Ministry spokesman Major-General Abdul Karim Khalaf said warmly: "All Iraqis are Christian today!"

President Marks Christmas In Statement, Radio Address and Phone Calls To Military

On Tuesday, the White House released President Bush's formal Christmas Message for 2008 (full text). He said in part:

During this season, we remember Jesus' birth from the Virgin Mary, His justice and mercy that changed the world, and His ultimate sacrifice for all people. Though Jesus was born humbly in a manger, He was destined to be the Savior of the world. The light He brought into the world continues to break through darkness and change people's lives two thousand years later.

This holiday season, as you rejoice in the good news of Jesus' love, forgiveness, acceptance, and peace, I encourage you to show grace to those less fortunate, just as God showed it to us. By serving those in need and through other acts of love and compassion, we can honor God's goodness and affirm the immeasurable value God places on the sanctity of life. We remember the members of our Armed Forces serving to protect our country and secure God's gift of freedom for others around the globe. All Americans are indebted to these men and women and their families for their sacrifice, devotion to duty, and patriotism.

The President's radio address on Tuesday (full text) focused on the armed forces at Christmas time. He recalled the "miracle [that] took place on Christmas night, 1776" when George Washington led troops across the Delaware River in a successful attack on the British.

On the morning of Christmas eve, the President telephoned nine "exemplary members of the Armed Forces who are stationed in remote locations worldwide to wish them a Merry Christmas and Happy New Year and to thank them for their service to our Nation." (White House release.)

President-elect Barack Obama also released his Holiday Radio Address this week (full text and video), saying: "This season of giving should also be a time to renew a sense of common purpose and shared citizenship."

Court Issues Finely-Tuned Ruling In Ordering Surgery For Amish Boy

In St. Lawrence County, New York, a family court judge has issued a finely-tuned ruling in the case of a 20-month old Amish boy, Eli Hershberger, who likely will die if he does not receive surgery to repair a hole in his heart. His parents' religious beliefs preclude them from consenting to the surgery. According to yesterday's Watertown Daily Times, Family Court Judge Barbara R. Potter ruled that while the boy's parents give him affection and provide for his basic needs, they have neglected him medically. That neglect finding permitted the court to order the surgery without the boy's parents needing to sign a consent form. Parents Gideon and Barbara Hershberger, however, will not lose custody of Eli and no criminal charges will be brought against the parents. The Family Court could subsequently dismiss the case if the parents comply with specified conditions, including taking Eli to all medical checkups and providing doctors with his medical information.

Queen Elizabeth To Give Christmas Message; Channel 4 Has Controversial Alternative

In Britain, Queen Elizabeth II's Christmas message will be broadcast Thursday afternoon (British time). A video of the speech is available from the YouTube Channel of the British Monarchy. The Guardian yesterday previewed her remarks. A history of the Royal Christmas Broadcast, which began in 1932, and transcripts of a number of the earlier addresses, are also available from the Monarchy's website.

Meanwhile, as reported yesterday by the New York Times, by AFP, and by the Times of London, Britain's Channel 4 continues with the tradition it began in 1993 of broadcasting a high-profile alternative Christmas greeting. In past years, it has been delivered by the likes of Jesse Jackson, Brigitte Bardot and cartoon character Marge Simpson. In a highly controversial move, this year Channel 4 is broadcasting a Christmas message from Iranian President Mahmoud Ahmadinejad. The full text of Ahmadinejad's message is already on Channel 4's website. Many in Britain, as well as Israel's ambassador in London, have criticized Channel 4's decision. Channel 4 says it is "offering viewers an insight into an alternative world view." In a departure from past timing, this year's alternative greetings will be broadcast several hours after the Queen's to avoid any implication of equivalence.

Rubashkin Bail Denied Again; Court Says Law of Return Not Important Factor

In United Sates v. Rubashkin, (ND IA, Dec. 22, 2008), an Iowa federal magistrate judge denied a motion for reconsideration of an order for pre-trial detention of defendant Sholom Rubashkin, former CEO of an Iowa kosher meat packing plant that was shut down after a large-scale immigration raid earlier this year. Rubashkin argued that the original denial of bail involved religious discrimination because the magistrate judge indicated as one reason for denial the risk of flight to Israel where the Law of Return would permit Rubashkin to obtain citizenship. (See prior posting.) In denying reconsideration, the magistrate judge said:

Much of Defendant's argument is directed to the Court's reference to Israel's Law of Return. Defendant attaches too much significance to that single reference. At the time of the hearing, Mr. Weiss made it clear that if Defendant attempted to seek refuge in Israel, he would be subject to extradition.... and the Court accepted his representation.

Yesterday's Jerusalem Post reported on the decision. JTA reported yesterday that the Anti-Defamation League has written to U.S. Attorney General Michael Mukasey urging him to ensure that Israel's Law of Return is not used to deny bail to Jewish defendants.

President Sends Kwanzaa Greetings

On Wednesday, the White House released President Bush's 2008 Message for Kwanzaa (full text). He said in part: "As people across our country gather to commemorate this seven-day celebration, may we all be reminded that Kwanzaa is an opportunity to celebrate the many contributions of our African American citizens."

8th Circuit Denies Review of Religious Discrimination Judgment on Procedural Grounds

In EEOC v. Southwestern Bell Telephone, LP, (8th Cir., Dec. 19, 2008), the U.S. 8th Circuit Court of Appeals dismissed on procedural grounds an appeal by AT&T of a Title VII religious discrimination judgment against it obtained by the Equal Employment Opportunity Commission on behalf of two former Jehovah's Witness employees. AT&T refused to allow the two employees to take a vacation day to attend their annual religious convention. The employees were fired when they took the time off anyway. AT&T claimed that the employees did not hold a sincere religious belief requiring attendance at the conference and that they failed to mitigate damages. While AT&T had filed a motion for judgment as a matter of law under FRCP 50(a) before the case went to the jury, it failed to renew the motion through a Rule 50(b) motion after the verdict was rendered. (See prior related posting.)

Times Analyzes Appeal of Islamic Movements To Jordanian Youth

In another of its extended series of articles on the lives of youth in the Muslim world, today's New York Times profiles the increasing attractiveness of Islam to university students in Jordan. It says:

Today, the search for identity in the Middle East no longer involves tension between the secular and religious. Religion has won. The struggle, instead, is over how to define an Islamic society and government.

The Muslim Brotherhood is legal in Jordan, with a political party and a network of social services. The government permits it to operate, but the security services still control election outcomes. Some youth think the Brotherhood is too extreme while others criticize it for working within an un-Islamic political system. The article suggests that authoritarian governments see moderate Islamic movements as more of a threat than extremist ones. However, it argues:

The long-term implications of this are likely to complicate American foreign policy calculations, making it more costly to continue supporting governments that do not let secular or moderate religious political movements take root.

Other articles in the Generation Faithful series remain available online.

AALS Section Publishes Law and Religion Bibliogrpahy

The Association of American Law Schools Section on Law and Religion has issued its December 2008 Newsletter containing a 40-page bibliography of books and articles on law and religion published during the past year. It also contains a listing of blogs dealing with law and religion.

Obama Will Use Same Bible As Lincoln For Swearing-In

The Obama Presidential Inaugural Committee announced yesterday that president-elect Barack Obama will be sworn in on the Bible used by Abraham Lincoln at his 1861 inauguration. The velvet-bound Lincoln Bible was made available by the Library of Congress for the ceremony. Photos and more on the history of the Bible are included as part of the announcement. The oath of office will be administered to Obama by U.S. Supreme Court Chief Justice John G. Roberts, Jr.. The oath of office will be administered to vice-president elect Joseph Biden by U.S. Supreme Court Associate Justice John Paul Stevens. (Full schedule via the Washington Post.)