Injunction Denied In Newdow's Challenge To Inaugural Oath and Prayers

The Washington Post reports that this afternoon federal district judge Reggie B. Walton denied a temporary injunction in Newdow v. Roberts. The decision allows Barack Obama's swearing-in to include use of "so help me God" in the oath administered by Chief Justice John Roberts. The decision also refuses to prevent clergy from delivering an invocation and benediction at the inaugural ceremony. (See prior related postings 1, 2, 3.)

UPDATE: Christianity Today reports that in denying the injunction, Judge Walton said he thought it questionable whether he had authority to issue such an injunction. Walton equated inaugural prayers with legislative prayer that Supreme Court precedent has permitted. While denying the preliminary injunction, the court did not dismiss the case.

Ministerial Exception Leads To Dismissal of Charity's Claim Against Bishop

In Community Economic Development, Inc. v. Cote, 2008 Conn. Super. LEXIS 3112 (CT Super., Dec. 1, 2008), a Connecticut state trial court applied the "ministerial exception" to dismiss a claim against the Catholic bishop of Norwalk (CT) by a charity devoted to raising for the poor in Tanzania. The charity, Buguruka Orphans and Community Economic Development, Inc. (BOCED), alleged tortious interference with business relationships and defamation stemming from charges by the bishop that there were financial irregularities in BOCED. The bishop issued a canonical order prohibiting the Father Justinian, the priest at St. Bernard's parish, from raising funds from the congregation on behalf of BOCED. Ultimately the priest was removed as vicar. The court agreed with defendant that the claims in the case are inextricably intertwined with the dismissal of Father Justinian (whose employment claims had already been dismissed under the ministerial exception) and adjudication of this case would impermissibly entangle the court in resolving ecclesiastical matters. (See prior related posting.)

Proponents Press NYC Council on Nativity Scenes In Schools

While it is a long time until next Christmas, in New York City a battle over the display of nativity scenes in public schools is back on the political front burner. Yesterday both the New York Times and Gothamist report that City Councilman Tony Avella plans to ask the full City Council to vote within the next few weeks on the issue. Yesterday the question was debated by Council's Education Committee. (New York Times). Currently, the policy of the city's Department of Education permits display of Christmas trees, menorahs and the star and crescent. School officials see these as secular symbols, but they view nativity scenes as purely religious. In 2006, the Second Circuit Court of Appeals upheld the Department of Education's policy against an Establishment Clause attack. (See prior posting.) Avella proposed a similar resolution in 2007 calling on the Department of Education to amend its holiday display policy (full text). Council member Simcha Felder strongly opposes Avella's resolution, and says that he would prefer that all religious symbols be removed.

New Jersey Governor Signs Bill Permitting Adjustment of Election Dates

On Monday, New Jersey Gov. Jon S. Corzine signed into law ACS 3186, a bill that permits the dates of municipal elections and school board elections to be adjusted to avoid conflicts with religious holidays. The bill applies to an an election if it "coincides with a period of religious observance that limits significantly the usual activities of the followers of a particular religion or that would result in significant religious consequences for such followers." A press release by Assembly Democrats says the bill was introduced after an Edison (NJ) school bond vote coincided with the Jewish holiday of Rosh Hashanah. [Thanks to Joel Katz for the lead.]

Arkansas Authorities Still Seeking Children From Tony Alamo Ministries

As previously reported, after federal authorities raided the Arkansas compound of Tony Alamo Ministries, Arkansas human services officials began to take a number of children of Alamo's followers into custody. AP reported yesterday that court orders have been issued to take up to 100 children into protective custody, but that Alamo followers have routinely moved the children to churches in other states to evade Arkansas authorities. So far 36 children have been taken into custody, and the father of one of these children has been jailed for contempt when he refused to disclose the location of his other two children. Alamo is charged with taking girls across state lines for purposes of sex. He denies the charges, saying he has acted legally, but does believe that females should be married at puberty to avoid living in sin.

Meanwhile, according to yesterday's Conway (AR) Cabin, Miller County (AR) Circuit Judge Joe Griffin placed a gag order on developments at a custody hearing for 23 children taken from the Ministry. The order was issued after the media gained access to videotapes of interviews of some of the children who had been taken into custody. Alamo Ministries has posted transcripts of September interviews with four girls.

Afghan Newspaper Editor Charged With Blasphemy

AFP reported yesterday that in Afghanistan, the editor of a small Kabul newspaper, Payman Daily, was arrested Tuesday on blasphemy charges. A a council of Islamic clerics and a government media disciplinary commission found that an article the newspaper published was "an insult to Islam." The article, not written by the newspaper staff but was taken from an Afghan website, argued that no religion-- including Islam-- was divinely revealed. The paper, even before the editor's arrest, had apologized for publishing the article. Punishment for blasphemy can range from a reprimand to the death penalty.

Suit Challenges NC Parks Permit Rule

On Monday, Liberty Counsel announced that it is filing a federal lawsuit against the North Carolina Division of Parks and Recreation challenging the constitutionality of its rule that requires a permit for any meeting, exhibition, ceremony, or speech in a state park. The suit grows out of an incident in which several members of Grace Baptist Church of Wilson (NC) who were picnicking at Fort Macon State Park were told they needed a permit when they shared their religious beliefs with other park visitors. Park officials interpret their rule to require a permit no matter how small the group is that is conducting a meeting or delivering a speech. Liberty Counsel's Matthew Staver said the park rule would even require a permit for a single individual to speak to another person in the park.

Court Rejects RFRA Defense To Endangered Species Indictment

An opinion has just become available on LEXIS in an interesting RFRA case decided some nine months ago. In United States v. Adeyemo, 2008 U.S. Dist. LEXIS 106330 (ND CA, April 8, 2008), a Nigerian adherent of a Santeria-Catholic tradition, who visits the United States regularly to sell handicraft items, was indicted for violating the Endangered Species Act. A customs inspector discovered that Moses Adeyemo was importing Yoruba wall hangings that are made partly of leopard skins. Defendant moved for dismissal of the indictment under the Religious Freedom Restoration Act.

The court held that it need not conduct the evidentiary hearing that would be required to decide the sincerity of defendant's religious beliefs, or the burden imposed, because dismissal of the indictment would be unavailable in any event. The court found that the "Government has met its burden under RFRA of demonstrating that the current permitting system for leopard skins, which includes no religious exemption, is the least restrictive means of furthering its compelling interest of conserving and protecting the endangered northern African leopard."

President Declares January 16 As Religious Freedom Day

Yesterday President Bush issued a Proclamation (full text) declaring January 16 as Religious Freedom Day. The day marks the anniversary of the passage of the Virginia Statute for Religious Freedom on that date in 1786. The Proclamation says in part:

The United States also stands with religious dissidents and believers from around the globe who practice their faith peacefully. Freedom is not a grant of government or a right for Americans alone; it is the birthright of every man, woman, and child throughout the world. No human freedom is more fundamental than the right to worship in accordance with one's conscience.

New Louisiana Guidelines Implement Science Education Act

A committee of Louisiana's Board of Elementary and Secondary Education (BESE) yesterday voted 10-0 to adopt new science guidelines, according to KATC News. The guidelines implement the Louisiana Science Education Act passed last June. The statute allows teachers to use supplemental materials, so long as they do not promote or discriminate against religion. (See prior posting.) The new BESE guidelines do not contain a specific ban on teaching creationism or intelligent design. However they do bar supplemental materials used by teachers from promoting of any religious doctrine and require that the information be "scientifically sound and supported by empirical evidence." Approval of the guidelines by the full Board is a foregone conclusion since the committee's unanimous vote included ten of BESE's eleven members.

Non-Theist Groups Urge Obama To Reject Honorary Presidency of Boy Scouts

Nineteen atheist and humanist groups yesterday sent a letter to President-elect Barack Obama urging him to oppose discrimination against atheists, agnostics, humanists, and other nontheists by declining the title of Honorary President of the Boy Scouts of America. The letter, released in a press release from American Atheists and other groups, says that "The BSA has acted vigorously in recent years to expel atheist and agnostic members and employees." [Thanks to Scott Mange for the lead.]

Dentist Settles EEOC Suit Charging Him With Imposing Scientology On Employees

Today's Chicago Tribune reports that Chicago dentist James L. Orrington has settled a religious discrimination lawsuit brought against him by the EEOC. The agency charged that he required his employees "to engage in Scientology religious practices and learn about Scientology as conditions of their employment." Orrington was also charged with making inappropriate sexual comments to 18 female employees. In the consent decree filed in U.S. district court, Orrington agreed to pay damages totalling $462,500 and consented to an injunction against further sexual and religious discrimination. (See prior related posting.)

Kyrgyzstan President Signs Controversial New Religion Law

Kyrgyzstan President Kurmanbek Bakiyev on Monday signed a repressive new Religion Law according to reports by the Press Association and by Forum 18. The law streamlines government control over religion by banning private religious schools and providing for teaching of religion in public schools. In order to register as a religious group, organizations will need 200 members, instead of the current 10. It bans children being involved in religious organizations. It also prohibits distribution of various kinds of religious material as well as aggressive proselytizing. Human rights groups say that the new law violates international human rights standards. Members of the US Congressional Commission on Security and Cooperation in Europe wrote Bakiyev last week objecting to the new law. However, according to the Press Association report: "Kyrgyzstan's main denominations, the Spiritual Administration of Muslims and the Russian Orthodox Church, have backed the changes, which are seen as a government attempt to dispel concern about the influence of foreign evangelical Christians and fear of radical Islamic groups."

In Israel, Religion-State Issues In Focus On IDF Soldiers

In Israel, concern about soldiers, particularly those going into combat in Gaza, have resulted in some unusual religion and state questions. The Jerusalem Post reported last week that a unit of the Israeli Defense Force's Rabbinate has prepared 10,000 MP3 files with recorded sermons of encouragement from the country's leading rabbis for distribution to combat soldiers, regardless of the soldiers' religious beliefs. Some critics say the move is a theologizing of warfare. This is part of a trend for the IDF Rabbinate to take over activities normally carried out by the army's Education Division. (See prior related posting.)

The Jerusalem Post also reported last week that in Israel, the secular political party Meretz charged Shas (a religious party) with violations of election laws that prohibit distributing physical gifts or blessings, such as amulets. Shas handed out thousands of flyers carrying pictures of deceased Sephardi rabbinic sages along with a blessing for the soldiers and the Shas logo. Parliamentary elections will be held shortly in Israel. Meretz plans to file a complaint with the Central Election Committee. In the 1996 election, the Central Elections Committee ordered Shas to stop distributing prayers and candles with images of rabbis during the election campaign. (Further background.) [Thanks to Religion and State in Israel for the lead.]

Suit Say HHS Allowed Catholic Agency To Illegally Restrict Use of Human Trafficking Grants

The ACLU of Massachusetts announced yesterday that it has filed a federal lawsuit against the U.S. Department of Health and Human Services alleging that HHS has permitted the U.S. Conference of Catholic Bishops to restrict the use of grant monies given to it under the federal Trafficking Victims Protection Act. On religious grounds, USCCB prohibits its sub-grantees from providing or referring victims of human trafficking for contraceptive or abortion services. The complaint (full text) in ACLU of Massachusetts v. Leavitt, (D MA, filed 1/12/2009), seeks a declaratory judgment that HHS's actions violate the Establishment Clause and asks for a permanent injunction ensuring that the TVPA grant to USCCB is implemented without the imposition of religiously based restrictions. Reporting on the lawsuit, AP yesterday indicates that USCCB has received $6 million in grants under the Act since 2006. [Thanks to Scott Mange for the lead.]

Westboro Baptist Church Files Challenge To Missouri City's Funeral Picketing Law

Last week, Shirley Phelps-Roper, daughter of the founder of the Westboro Baptist Church, filed a lawsuit in a Missouri federal district court challenging the constitutionality of a St. Joseph, Missouri ordinance that bans picketing "in front of or about" a church, cemetery or funeral home within one hour on either side of a funeral ceremony. Westboro Baptist Church members are known for picketing funerals of Iraq and Afghanistan war veterans, carrying signs proclaiming that war deaths are divine punishment for U.S. tolerance of homosexuality. The St. Joseph (MO) News-Press, reporting on the case, says that the ordinance was enacted after Westboro members picketed an Iraq veteran's funeral in 2005. The complaint (full text) in Phelps-Roper v. City of St. Joseph, Missouri, (WD MO, filed 1/7/2009), alleges that the St. Joseph ordinance violates the speech, association and free exercise protections of the First amendment.

The complaint reveals an interesting police tactic used by St. Joseph police in 2006. They lined up to block Westboro demonstrators' view of a funeral procession in order to prevent the demonstration from violating the ordinance.

The filing of this lawsuit came just as the U.S. 8th Circuit Court of Appeals in Phelps-Roper v. Nixon, (8th Cir., Jan. 7, 2009) denied an en banc rehearing in a case that granted a preliminary injunction prohibiting enforcement of the Missouri state funeral picketing law against Westboro Baptist Church members. (See prior related posting.) [Thanks to Steven Sheinberg for the lead.]

NY Regents Committee Approves Hebrew Language Charter School

The New York Times reports that a committee of the New York State Board of Regents voted 8-1 yesterday to approve creation of a state-funded Hebrew Language Academy Charter School in Brooklyn. The school will open with a kindergarten and 1st grade class and will eventually expand through the eighth grade in a school district that includes many Jewish immigrants from Russia and Israel. However the district is predominately black, Hispanic and Asian. The full Board of Regents votes on the proposal today and is expected to approve it. Proponents of the school have worked hard to stay within church-state separation guidelines. They are negotiating with a non-Jewish dual-language expert to serve as principal. The school is backed by philanthropist Michael Steinhart who, in recent years, has given large sums to programs aimed at building Jewish identity in young people.

School District Barred From Promoting Prayer and Religious Activities

In Doe v. School Board for Santa Rosa County, Florida, (ND FL, Jan 9, 2009), a Florida federal district court issued a temporary injunction banning Santa Rosa County schools from promoting prayers during school-sponsored events; sponsoring religious baccalaureate services at schools; holding school-sponsored events at religious venues when other sites are reasonably available; permitting school officials to promote their personal religious beliefs or proselytize students in class or during school-sponsored activities; and otherwise unconstitutionally endorsing or coercing religion. A press release issued yesterday by the Florida ACLU says that the school district has already admitted to the court that religious activities in the schools have violated students' rights.

Chechnya Mandates Islamic Head Scarves In Public Buildings

In the Russian autonomous republic of Chechnya, requiring women at Chechnya's State University in Grozny to wear Islamic headscarves is part of a program by Chechen President Ramzan Kadyrov to promote an Islamic revival. Britain's Financial Times reported yesterday that the head scarf requirement applies in all public buildings. Many question whether the requirement violates church-state separation mandated by the Russian Constitution (Art. 14). Kadyrov brushes off questions about the legality of his program, saying: "Chechnya is 100 percent Muslim, and the spiritual revival of the population is essential for the rebuilding of the republic. No one can tell us not to be Muslims. If anyone says I cannot be a Muslim, he is my enemy."

Gene Robinson, Gay Episcopal Bishop, Will Deliver Prayer At Pre-Inaugual Event

Today's Concord (NH) Monitor reports that Episcopal Bishop Gene Robinson has been invited to deliver a prayer at an inaugural kick-off event at the Lincoln Memorial on the Sunday preceding the formal inauguration ceremony for President-Elect Barack Obama. Robinson is the Episcopal Church's first openly gay bishop and is a leader in the movement seeking equal rights for gays and lesbians. The invitation to Robinson was announced after continuing criticism from supporters of gay rights over the invitation to Pastor Rick Warren to deliver the invocation at the formal inauguration ceremony. (See prior posting.) Warren has been particularly outspoken in opposition to gay marriage.

Supreme Court Denies Review In City Council Prayer Case

Today the U.S. Supreme Court denied certiorari in Turner v. City Council of Fredericksburg, (Docket No. 08-518) (Order List). In the case, the U.S. 4th Circuit Court of Appeals (in a decision written by Sandra Day O'Connor sitting as a Circuit judge) upheld the policy of the Fredericksburg, Virginia city council that requires prayers which open its sessions to be nondenominational. (See prior posting.)

Vatican Diplomat Cardinal Pio Laghi Dies

AP reports that Cardinal Pio Laghi, a long-time member of the Vatican's diplomatic corps, died yesterday at the age of 82. After serving in several other countries, he was named the Vatican's envoy to Washington in 1980, before the countries had formal diplomatic relations. He oversaw the establishment of formal US-Vatican diplomatic relations and remained until 1990 as the Vatican's Apostolic Pro-Nuncio. In 2003, Pope John Paul II dispatched Laghi (who was a friend of the Bush family) to Washington with a letter to attempt to persuade George W. Bush not to invade Iraq. Yesterday President Bush issued a statement expressing condolences to Pope Benedict XVI and all Catholics on Laghi's passing, saying: "Cardinal Laghi always strove to unite people of all religions and promote reconciliation, religious freedom, and tolerance."

Church Assets Awarded In Divorce To Leader's Ex-Wife

In Florida, a Miami-Dade County state district court judge has decided that Growing in Grace ministry is so much the alter ego of its leader, Jose Luis de Jesus Miranda, that his ex-wife is entitled to half the assets of the 300-church organization, as well as those held in her husband's name. The ruling came in a divorce action awarding ex-wife Josefina Torres $2.2 million. Judge Roberto Pineiro wrote that de Jesus "dominates the ministry like only a god can.... In what other corporation does the board of directors literally worship the president?" The minister also owes his ex-wife $121,000 in back alimony, and his daughter JoAnn, the church's manager, must explain at a Jan. 21 hearing why the church has not complied with an order to deduct Torres' alimony from de Jesus' salary. McClatchy Newspapers reported Friday:

De Jesus exploded into popularity - and controversy - in the past few years after he declared himself to be Christ. He later claimed that his teachings replaced those of Jesus and so he should be called the Antichrist. He and his followers then began tattooing themselves with "666," a practice that generated protests and headlines.

An appeal is being prepared.

British Christian Retirement Home Loses City Grant Over Lack Of Openness To Gays

In another clash between Britain's Equality Act (Sexual Orientation) Regulations and Christian groups, Pilgrim Home in Brighton plans to bring a religious discrimination challenge to the revocation of a £13,000 grant from Brighton & Hove City Council. Pilgrim Homes advertises itself as operating residential care facilities with a "distinctive Christian ethos." LifeSite News reported last week that the grant revocation came because the home for elderly Christians failed to demonstrate to Council that it is open to the gay and lesbian community. Pilgrim Home says the problem began when its elderly residents did not want to answer a Council questionnaire asking whether they were lesbian, gay, bisexual, transgender or unsure of their sexuality. Also Council wanted the home to depict homosexuals in its promotional literature.

Recent Articles of Interest

From SSRN:

• James B. Johnston, The Bridge Connecting Pontius Pilate's Sentencing of Jesus to the New Jersey Death Penalty Study Commission's Concerns Over Executing the Innocent: When Human Beings with Inherently Human Flaws Determine Guilt or Innocence and Life or Death, (Rutgers Journal of Law and Religion, Forthcoming).


• Richard M. Esenberg, Of Speeches and Sermons: Worship in Limited Purpose Public Forums,(Mississippi Law Journal, Forthcoming).


• Assem M. Safieddine, Islamic Financial Institutions and Corporate Governance: New Insights for Agency Theory, (Corporate Governance: An International Review, Forthcoming).

British Judge Wants Courts To Aid Muslim Women In Obtaining Religious Divorce

Britain's National Secular Society reported last week that England’s first female Appeal Court judge and former head of the Family Division, Baroness Butler-Sloss, has urged a change to help Muslim women obtain religious divorces from their husbands. In a debate at London's Temple Church, she said that judges should not grant a civil divorce to a Muslim couple unless the couple has already divorced religiously. Under Islamic law, normally it is the husband who can issue a talaq (divorce). If a woman asks a shariah council to dissolve her marriage, she loses some of her financial rights. Britain's Divorce (Religious Marriages) Act 2002 already deals with a similar problem in Jewish divorces by allowing a wife to prevent a final civil divorce decree from being issued until the husband grants the wife a religious divorce.

The Act may already permit judges to apply it to Muslims as well. By its terms, it applies to parties who "were married in accordance with-- (i) the usages of the Jews, or (ii) any other prescribed religious usages; and (b) must co-operate if the marriage is to be dissolved in accordance with those usages."

Burma Orders Christians and Muslims To End Worship Services In Private Apartments

In the heavily Buddhist country of Burma, both Christians and Muslims were ordered last week to stop holding religious services in residential apartments. Mizzima reported on Wednesday that in Rangoon, the Kyauktada Township Peace and Development Council held a meeting with nearly 50 church leaders last Monday to deliver their demand. The use of apartments for services has grown since authorities stopped issuing permits in the 1990's for churches to buy lands and construct buildings. According to a subsequent report by Mizzima, Muslim leaders were separately summoned by authorities on Monday and similarly ordered to stop holding worship services in private apartments. The unavailability of government permits to build mosques has led to use of private venues for worship.

Religious Groups Plan Elaborate Post-Inauguration Demonstrations

Religious groups of various sorts are planning demonstrations in the days following the presidential inauguration. Diverse Issues In Higher Education on Friday reported that Christian, Jewish and Muslim clerics will join with immigrant right groups on the day after the inauguration to demonstrate for immigration reform. They expect 500 to attend the demonstration that will include a ritual cleansing of the national Immigration and Customs Enforcement headquarters. The ceremony will be based on African and Native American rituals that include "pouring of libations."

Meanwhile Christian pro-life activists want to demonstrate in front of the White House on January 24. A press release today from the Christian Defense Coalition says that Metropolitan Police refuse to permit the demonstrators to use "sidewalk chalk" to leave a display on the sidewalks adjacent to the White House. A letter (full text) from the DC Metropolitan Police included only a narrow demonstration permit, saying that use of sidewalk art would amount to illegal defacement of public property. In a response (full text), the American Center for Law & Justice threatened to sue if officials did not change their position.

Episcopalian Schism Continues To Generate Litigation

Litigation involving break-away Episcopal congregations continues. In Milwaukee (WI), Episcopal Bishop Steven A. Miller says the Diocese will sue to retain the property of St. Edmund's Episcopal Church. Last month, the parish voted overwhelming to leave The Episcopal Church and affiliate with the more conservative Convocation of North American Anglicans. (Virtue Online, 1/8). St. Edmonds sent a strongly worded letter to Bishop Miller announcing their decision.

Meanwhile, according to Virtue Online (1/10), in Binghamton, NY a state trial court has ruled that the property of Church of the Good Shepherd belongs to the Episcopal Church, and not to the parish that broke away when the Diocese began to approve same-sex marriage. Yesterday's Modesto (CA) Bee analyzes why schisms in the Presbyterian Church have been less litigious than those among Episcopalians.

Disciples of Christ Minister Will Deliver Sermon At National Prayer Service

A national prayer service is scheduled to be held at the National Cathedral on Jan. 21, the day after the presidential inauguration. Today's New York Times reports that president-elect Barack Obama has selected Sharon E. Watkins, president and general minister of the comparatively small, liberal-leaning, Christian Church (Disciples of Christ) denomination to deliver the sermon at the service. Watkins came to Obama's attention when she delivered an inclusive closing prayer at a meeting he held during the campaign with a diverse group of clergy.

UPDATE: AP reported on Jan. 14 on other participants scheduled to deliver prayers at the National Cathedral national prayer service: (1) Ingrid Mattson, the first woman president of the Islamic Society of North America; (2) rabbis representing the three major branches of American Judaism-- Reform Rabbi David Saperstein, Conservative Rabbi Jerome Epstein and Orthodox Rabbi Haskel Lookstein; and (3) Roman Catholic archbishop of Washington, the Most Rev. Donald Wuerl. Also Obama will follow the tradition of many presidents-elect and will attend a service at St. John's Church in Washington's Lafayette Square before the inauguration ceremony. St. John's is known as the "Church of the Presidents." The Washington Post (1/14) reviews the tradition of all presidents since Franklin Roosevelt (except Richard Nixon) attending a service at somewhere in D.C. on inauguration day morning.

French Cities Reportedly Finance Mosques Indirectly

Islamist Watch blog yesterday reported that mayors in French cities are indirectly subsidizing mosques by granting long term emphyteutic leases at low, or even nominal, rents to provide land on which the mosques will be constructed. Two of the leases have been the subject of litigation, with mixed results. Other mayors subsidize the cultural activities at mosques. A recent report says that 30% of funding for mosques comes from public treasuries, even though France has a strong secularist tradition.

Recent Prisoner Free Exercise Cases

In Gladson v. Iowa Department of Corrections, (8th Cir., Jan. 8, 2009), the U.S. 8th Circuit Court of Appeals held that no substantial burden was placed on religious practices of Wicca prisoners when they were given only three hours to celebrate the Wiccan Samhain holiday. The Iowa Independent reported on the decision.

In Ventura v. Felts, 2008 U.S. Dist. LEXIS 104741 (ND TX, Dec. 30, 2008), a Texas federal district court accepted a magistrate's recommendation to dismiss as frivolous a prisoner's claim that his free exercise rights were violated because he was denied access to a sweat lodge.

In Ekdahl v. Ayers, 2008 U.S. Dist. LEXIS 104884 (ND CA, Dec. 12, 2008), a prisoner sought federal habeas corpus relief, challenging on various grounds state authorities' denial of his request for parole. One of his claims was that his free exercise rights were violated when he was required to attend Alcoholics Anonymous. The court concluded that the state court was reasonable in concluding that the prisoner had alternative self-help programs available to him.

In Martin v. Roche, 2009 U.S. Dist. LEXIS 111 (CD CA, Jan. 5, 2009), a California federal magistrate judge dismissed for a second time a Muslim prisoner's claim that his free exercise rights were violated when he was denied a Quran, a towel to use as a prayer rug and food meeting his religious dietary requirements. He continued to fail to allege various elements to show a valid claim. The court also dismissed his equal protection claim growing out denial of food meeting his religious needs, but with leave to file an amended complaint as to this count.

In Jones v. Blanas, 2008 U.S. Dist. LEXIS 105930 (ED CA, Dec. 30, 2008), a California federal magistrate judge recommended that a civil detainee be permitted to proceed with his free exercise claim. Plaintiff alleged that while in administrative segregation he was not permitted to attend Christian religioius services and Bible study groups.

In Kanda v. McAnelly, 2008 U.S. Dist. LEXIS 106033 (ED CA, Dec. 24, 2008), a California federal magistrate judge dismissed a prisoner's free exercise claim because he had failed to allege a substantial burden on his religious practice when he was denied the right to go to chapel once and was served meat on four separate occasions.

India's Supreme Court Criticizes Orissa For Failing To Protect Christians

Religion News Service reports on a warning against religious violence issued by a 3-judge panel of India's Supreme Court last Monday. After a hearing on a petition by a Catholic archbishop who is asking for protection of his followers from retaliatory violence they have been experiencing, the Court said that it will not "tolerate persecution of religious minorities." It added that if the state government cannot protect Christians, "then quit office." Last October, at an earlier hearing, the Supreme Court said paramilitary forces should protect the churches and the churches should be compensated for damages.

Neighbors Challenge Plans For 77-Foot Cross At Prayer Garden

Today's San Antonio (TX) Express reports on a pending Texas state court case in which neighbors are attempting to prevent The Coming King Foundation from placing a 77-foot tall cross in their Kerrville, Texas subdivision. The cross is part of a planned prayer garden, most of which will be located on 20 acres adjoining the Mesa Vista subdivision. Neighbors say that subdivision deeds limit lots to residential use. The Foundation's attorney argues that the deed restrictions are invalid because the 12-lot subdivision plot was not approved by county commissioners. Last month, a judge granted a temporary restraining order against taking further steps to prepare the land for installation of the cross. On Monday, a state court judge ordered the parties to mediation. Meanwhile, the Foundation's attorney is attempting to get the city to remove the Foundation's one lot from the Mesa Vista subdivision and merge it with the Foundation's 20 acres next door as a separate one-lot subdivision.

British Employment Tribunal Upholds Wrongful Dismissal Claim of Counsellor

In Britain, Bristol's Employment Tribunal handed down a decision on Wednesday that upheld a "wrongful dismissal" claim brought by a former church elder against the non-profit counselling service, Relate. However the Tribunal rejected his religious discrimination and "unfair dismissal" claims. This Is Bristol reported Thursday on the case in which counsellor Gary McFarlane told his supervisor at Relate that he could not give gay couples intimate sexual advice, because his religious views taught him that homosexual activity was contrary to Biblical teachings. However, McFarlane was willing to provide relational counselling that focused more on emotional issues. McFarlane was suspended in October 2007 but reinstated in January 2008 after he agreed to follow the charity's equal opportunities policy. When he returned, fellow employees called him homophobic and pressed for his dismissal, which came in March 2008.

Kazakh President Sends Religion Law for Constitutional Review

Forum 18 reported Friday that in Kazakhstan, instead of signing a new Religion Law, President Nursultan Nazarbaev has sent it to the country's Constitutional Council for review. The Council has a month to rule on whether the law complies with the Constitution, which prohibits religious discrimination (Art. 14) and guarantees freedom of conscience (Art. 22). The law has been criticized by human rights advocates as repressive. (See prior related posting.)

Court Says Records of Religious Leaders' Visits To White House Must Be Released

The federal government has lost another installment (see prior postings 1, 2) in the attempt by a public interest group to obtain records confirming visits to the White House, and to Vice President Dick Cheney's residence, by nine prominent conservative Christian leaders. The records were sought to show the influence of religious leaders on Bush administration policies. In Citizens for Responsibility and Ethics in Washington v. U.S. Department of Homeland Security, (D DC, Jan. 9, 2009), a D.C. federal district court held that the presidential communications privilege does not cover disclosure under the Freedom of Information Act of the mere identities, and date and time of visits, of persons seen by the President and Vice President. The privilege only covers communications they may have made. In a second part of its opinion, the court rejected plaintiff's challenge to recent practices by the Secret Service in retaining certain security-related records of visitors, but upheld a number of plaintiff's claim as to earlier practices. Friday's Public Record reported on the decision.

Defendants File Answers In Newdow Challenge To Inauguration Ceremony

Defendants yesterday filed responses in Newdow v. Roberts, (D DC), the pending federal district court challenge to two aspects of the upcoming Presidential Inauguration ceremony-- the planned prayers and the use of "so help me God" in the oath. (See prior posting.) One of the filings (full text) in opposition to the requested preliminary injunction was made on behalf of the federal officials who are defendants, while the second (full text) is on behalf of the Presidential Inauguration Committee (PIC). Both responses argue that plaintiffs lack standing. The federal defendants also set out extensive arguments on the merits while PIC and its executive director argue that PIC is not a governmental entity and so is not subject to constraints of the First Amendment or RFRA. In addition, CNN reported yesterday that an affidavit filed in the case confirms that Barack Obama has requested that the phrase "so help me God" be added to the constitutionally prescribed oath to be administered by the Chief Justice. [Thanks to Scott Mange for the lead.]

UPDATE: The Jan. 13 Legal Times recounts the experience of process server Daniel Portnoy in serving Chief Justice Roberts a summons in the case. The service at Roberts home went smoothly. Portnoy says the Chief Justice was "definitely a gentleman."

UPDATE2: Here is the amicus brief in the case filed on Jan. 14 by the American Center for Law and Justice in support of permitting inaugural prayer.

Tajikistan Supreme Court Bans Salafi Islam Movement

Radio Free Europe reported yesterday that the Supreme Court of Tajikistan has banned Salafi, a branch of the Sunni Islamic movement, from operating in the country. A Supreme Court spokesman said: "In order to prevent national, racial, and religious conflicts and damage to the nation's reputation and honor, Tajikistan's Supreme Court, as of January 8, 2009, bans the Salafi religious movement's activities in the country as an illegal group." Salafis do not recognise Shi'ites or Sufis. Some suspect that Western nations have funded the Salafis in Tajikistan because of the Salafis' anti-Iranian stance. Most Tajiks follow Hanafi, a more moderate branch of Sunni Islam than Salafi. The Institute for Religion and Public Policy issued a press release condemning the ban.

State AG's File Amicus Brief Opposing Newdow's Challenge To Inauguration Ceremony

Led by Texas Attorney General Greg Abbot (press release), the attorneys general of all 50 states and the Virgin Islands have filed an amicus brief (full text) in support of prayer and the use of "so help me God" in the oath at Barack Obama's upcoming inauguration. The suit on behalf of 40 individuals and organizations, including activist Michael Newdow, was filed last week in federal district court in the District of Columbia. (See prior posting.) A hearing is scheduled for next week. (See prior posting.) The brief argues:

Prayers and oaths invoking God have been incorporated into public inaugural ceremonies throughout our Nation's history and at every level of government. Plaintiffs have not presented a single legal precedent holding unconstitutional such historical customs and practices.

It also cites authority in 26 states incorporating the phrase "so help me God" (or similar phrase) into oaths of office for state officials.

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.