ACLU Sues Minnesota Identity Charter School

ACLU of Minnesota announced yesterday that it has filed a federal lawsuit against Tarek ibn Ziyad Academy (TIZA), a publicly-funded cultural identity charter school operating in the Twin Cities area. The complaint in ACLU of Minnesota v. Tarek Ibn Ziyad Academy, (D MN, filed 1/21/2009) alleges that the funding and operation of TIZA violates the Establishment Clause of the U.S. Constitution and of the Minnesota Constitution (Art. 1, Sec. 16), the Minnesota Constitution's ban on aid to sectarian schools (Art. XIII, Sec. 2), as well as the Minnesota statute governing charter schools (Minnesota Statutes §124D.10). The suit claims that school policies promote Islam and that the school has improperly leased land from sectarian organizations. Yesterday's Minneapolis Star-Tribune reported on the case. (See prior related posting.)

9th Circuit Upholds Restaurant's Win In Title VII Case

In EEOC v. Serrano's Mexican Restaurant, LLC, (9th Cir., Jan. 5, 2009), the U.S. 9th Circuit Court of Appeals upheld an Arizona federal district court jury's determination that a restaurant chain had reasonably accommodated a fired manager's religious beliefs. The 9th Circuit's decision affirmed the trial court's denial of a motion for a new trial in the Title VII religious discrimination case. Yesterday's East Valley Tribune reports that in the case the EEOC claimed that the restaurant chain had infringed the rights of Terra Naeve when it fired her for leading Bible studies for the employees she managed. The company had a policy against managers fraternizing with subordinates. Naeve had rejected a company offer to move her to a different restaurant so that she would no longer be supervising her Bible group participants.

Dutch Court Orders Prosecution of Wilders For Hate Speech

In the Netherlands, the Amsterdam Appeals Court has reversed a decision by the public prosecutor's office and ordered the prosecution of parliament member Geert Wilders for inciting hatred and discrimination against Muslims and insulting Muslim worshippers. BBC News yesterday reported on the decision against the right wing Freedom Party leader who last year had posted a film titled Fitna on the Internet. The film equates Islam with violence and compares the Quran to Hitler's Mein Kampf. (See prior posting.) Wilders called the court's decision an attack on his freedom of expression. [Thanks to Eric Rassbach for the lead.]

Court Permanently Enjoins Illinois Moment of Silence Law

In Sherman v. Township High School District 214, (ND IL, Jan. 21, 2009), an Illinois federal district court enjoined enforcement of the Illinois statute that provides each school day must begin with a brief period of silence for prayer or reflection. The court concluded that the statute violates the Establishment Clause, saying:

The plain language of the Statute ... suggests an intent to force the introduction of the concept of prayer into the schools.... Even if the court were to conclude that the plain language of the Statute does not demonstrate a sham secular purpose, the legislative history does.... [Also] by mandating a “period” of silence in which each student is given the opportunity to pray or "reflect," the state has denied the opportunity of students whose prayer is not "silent" from exercising their right to pray during this period.

The Southern Illinoisan and the Chicago Tribune yesterday reported on the decision which makes permanent a temporary injunction against enforcement of the statute issued last May. (See prior posting.)

Italian Authorities React To Muslim Prayer In Front Of Catholic Sites

ANSA reported yesterday that Italian authorities are drafting new regulations to prevent a repeat of incidents earlier this month in which large groups of Muslims conducted prayer services in front of Catholic holy places in Milan, Bologna and Rome. The incidents occurred when Muslim prayer time arrived in the middle of protest marches against Israel's military operations in Gaza. Right-wing politicians have reacted with anger to the events. Attilio Fontana (Northern League) said he "would like to see what would happen if I went to recite the rosary in Mecca." In Milan, Defence Minister Ignazio La Russa staged a Catholic mass at the location where the Muslim march was held in order to ''reclaim'' the area. The Bologna public prosecutor's office has filed charges of public security violations against one of the Muslim organizers, saying police are required to be notified in advance of public prayer events. However Milan Archbishop Dionigi Tettamanzi says prayer by the Muslims was an ''inalienable right''.

Arkansas Court Upholds Removal of 18 Children From Alamo Ministries

The Arkansas Democrat Gazette reports that on Tuesday a Miller County (AR) state trial court upheld the removal of 18 children from the Tony Alamo Christian Ministries. The children were determined to be at risk because the ministry approves beating children as punishment for misbehavior and it allows underage marriages. The 18 were among 23 children who had been placed in foster care by state authorities. Miller County Circuit Judge Joe Griffin had previously upheld the removal of the 5 others. (See prior related posting.)

Spain's Supreme Court Upholds Privacy Award Against Church

Catholic News Agency yesterday reported on a decision handed down earlier this week by Spain's Supreme Court upholding an award of back pay and reinstatement entered against the Catholic Diocese of Canarias. The Diocese is located in Spain's Canary Islands. Maria del Carmen Galayo, who had been hired by the Diocese to teach religion, was fired after she left her husband and began living with another man. The Diocese said her adulterous relationship was not compatible with the moral principles that those who teach religion to minors are required to publicly display. Galayo sued claiming Church officials had "unduly interfered in her private life." A lower court agreed, and the Supreme Court upheld its decision. The Diocese can still appeal the reinstatement order to Spain's Constitutional Court.

National Prayer Service This Morning-- Live Feed Available [Updated]

As part of Inauguration week events, a National Prayer Service was held this morning at the National Cathedral in Washington, DC. Here is the list of approximately 20 clergy from a wide variety of faith traditions as released last week by the Presidential Inaugural Committee. In addition to a broad spectrum of Christian and Jewish denominations, Muslim and Hindu clergy will also participate. The prayer service which began at 10:00 am and was streamed live online. The National Cathedral has posted the official program for the prayer service which contains the music and readings that were part of the service. YouTube (Part 1; Part 2) has videos of much of the sermon delivered by Rev. Sharon E. Watkins (see prior posting).

White House Website Transformed Within Minutes of Transition

Church Executive and WorldNet Daily reported yesterday that within minutes of Barack Obama taking the oath of office, a completely revamped White House website replaced the old one. The new website contains the lengthy policy agenda of the Obama administration. The Civil Rights portion of the Agenda includes a lengthy section on proposed steps to support the LGBT Community-- most of which were opposed by the Bush Administration as well as by conservative Christian groups. The new website also eliminates the pages devoted to President Bush's Faith-Based and Community Initiative (FBCI). (Here is Google's cache of the FBCI page as it appeared on the website of the Bush White House.)

French University Offers Master's Program In Islamic Finance

In France, Strasbourg University's School of Management has begun to offer a degree in Islamic finance. Zawya reports today that 36 students from Europe and North Africa are enrolled in the 11-month master's level program that will help meet the demand of regulatory authorities and financial institutions for experts in Shariah-compliant investments.

Virginia Man Sues Employer For Failing To Accommodate His Sunday Observance

The Charlottesville Daily Progress reports today that Jeffery King, a Baptist pastor who also worked at a Charlottesville, Virginia pharmacy services facilty of Cardinal Health, Inc., has filed a Title VII religious discrimination lawsuit against his former employer in federal district court. The lawsuit, seeking reinstatement and back pay, claims that Cardinal Health failed to reasonably accommodate King's request to avoid working on Sundays for religious reasons. Apparently the company refused King's offer to work Saturdays instead of Sundays because not all of its other employees would agree in writing to cover King's Sunday shifts. The problem arose after a 2006 change in company policy that required employees to work on Sundays.

UPDATE: The Daily Progress on Jan. 23 reported that King's lawsuit as well as a religious discrimination lawsuit against Cardinal Health by a second plaintiff have been settled.

Inaugural Prayers and Speech Are Contrasts In Civic Religion

Pastor Rick Warren's invocation, Barack Obama's speech and Rev. Joseph Lowery's benediction at today's inauguration ceremony were fascinating contrasts in the tradition of denominational inclusiveness and civic religion. Prior to the inauguration, there was much speculation on whether Warren's invocation would be explicitly Christian. It was, well beyond the usual half dozen words at the end invoking Jesus. Warren ended his invocation (full text) with:

I humbly ask this in the name of the one who changed my life, Yeshua, Essa (ph), Jesus, Jesus, who taught us to pray, "Our Father who art in Heaven hallowed be thy name, thy kingdom come, thy will be done on Earth as it is in Heaven. Give us this day our daily bread and forgive us our trespasses as we forgive those who trespass against us, and lead us not into temptation, but deliver us from evil, for thine is the kingdom and the power and the glory forever." Amen.

Yet early on in his invocation, Warren attempted to include allusions to other faith traditions, though without specifically identifying them as such. He quoted a Biblical verse central to Judaism, saying: "The Scripture tells us 'Hear, oh Israel, the Lord is our god; the Lord is one.'" He immediately followed that with what was apparently a reference to the Muslim appellation for God as he said: "And you are the compassionate and merciful one." That was followed by: "And you are loving to everyone you have made"-- apparently intended to be a reference to the Christian notion of a loving God.

Obama, during his inaugural speech (full text), made a much more inclusive reference to the American religious landscape:

we know that our patchwork heritage is a strength, not a weakness. We are a nation of Christians and Muslims, Jews and Hindus -- and nonbelievers. We are shaped by every language and culture, drawn from every end of this Earth...

Finally, as might be expected, Lowery's benediction called up images of the civil rights movement. As reported by USA Today, Lowery began with the first words of the Negro National Anthem, Lift Every Voice and Sing: "God of our weary years,God of our silent tears... " UPDATE: Here is the full text of Rev. Lowery's benediction.

Obama Begins Inauguration Day By Attending Prayer Service

Barack Obama begins today with an Inauguration Day tradition begun by Franklin Roosevelt. He will attend a prayer service at the 200-year old St. John's Episcopal Church, across Lafayette Square from the White House. According to the AP, Dallas megachurch pastor T.D. Jakes will preach at the private church service. MTV reports that the Obamas will leave Blair House for the service at 8:25 a.m. The service begins ten minutes later and is scheduled to end at 9:45. The Obamas then go to the White House for coffee with the Bushes. According to last Saturday's Washington Post, St. John's has recently undergone a $6.5 million renovation.

Nebraska Episcopal Diocese Sues Break Away Parish

Another break-away Episcopal congregation is in litigation with its former diocese. This time it is the Episcopal Diocese of Nebraska suing Omaha's 125-member St. Barnabas parish which in 2007 voted to affiliate with the more conservative Anglican Church in America. St. Barnabas has historically been conservative, still using the Tridentine Mass. Today's Omaha World-Herald reports that the diocese is asking a state court for a declaratory judgment that it owns the church's property, but St. Barnabas says the deed to the church building is held by the parish. The first hearing in the case is scheduled tomorrow in Douglas County District Court.

TV Snafu Complicates Obama's Politics of Clergy Selection

The Atlantic reported yesterday that the politics of inaugural prayer has gotten more complicated for the Obama inaugural committee. After supporters of gay and lesbian rights complained vociferously about the choice of Pastor Rick Warren to deliver the benediction at today's inaugural ceremony, Obama planners invited openly gay Episcopal Bishop Gene Robinson to deliver the opening prayer at yesterday's pre-inaugural concert at the Lincoln Memorial. (See prior posting.) However HBO, which had exclusive live broadcast rights to the entertainment portion of yesterday's program, began its coverage after Robinson's invocation was completed. The inaugural committee said they had intended Robinson's prayer to be part of the televised coverage. To compensate, the inaugural committee will broadcast an edited version of the concert to an expected crowd of 2 million who are gathering on the Mall today for the formal inauguration ceremony. The rebroadcast will include Robinson's opening prayer. Meanwhile, yesterday's Chicago Sun-Times published the full text of Robinson's inspiring and inclusive Lincoln Memorial invocation.

British Poll Says Religion More Divisive Than Race

In Britain, a new poll by the Government's Equalities and Human Rights Commission shows that 60% of respondents believe that religion is more divisive than race in British society. London's Daily Mail reports today on the poll on racial and religious tolerance. Another of the poll's questions asked whether the respondent would be happy to have his or her child marry someone from another religion. 70% of the general population, but only 33% of Muslim respondents, agreed that they would welcome this prospect. Muslims were much more open to their children marrying a member of a different ethnic group than a different religion. Only 31% of the general population agreed that "people who move to Britain from abroad should leave their old traditions behind."

Catholic Group Uses Obama's Story In Anti-Abortion Ad To Be Shown In Chicago; Humanists Use Obama In Secularism Ad

Zenit yesterday reported on a 30-second anti-abortion video (YouTube clip) titled "Imagine the Potential!" produced by CatholicVote.com (a project of Fidelis Center for Law and Policy). The video, to be aired during today's presidential Inauguration on Black Entertainment Television in Chicago:

begins with ultrasound image of an unborn baby. "This child's future is a broken home," the overlying text states, with music playing in the background. "He will be abandoned by his father. His single mother will struggle to raise him.""Despite the hardships he will endure," the text continues, as the music gets louder and is mixed with sounds of a cheering crowd, "this child ... will become ... the first African American president."Then showing a picture of Barack Obama, the text says: "Life: Imagine the potential."

Catholicvote.org's executive director Brian Burch said: "Our message is simple: Abortion is the enemy of hope."

In contrast, the American Humanist Association is running an ad featuring a picture of Obama in today's Washington Post. The ad reads: "President Obama: Living Proof that Family Values Without Religion Build Character. Yesterday's Examiner carries a photo of the ad.

Israeli Rabbinical Court Questions Years-Old Conversion of Famous Rabbi's Son

Yesterday's Jerusalem Post reports that in Israel, an ombudsman has opened an investigation into the behavior of a Rabbinical Court judge who retroactively called into question the conversion to Judaism of Yossi Fackenheim, son of the famous Canadian academic and Reform Rabbi, Emil Fackenheim. Emil Fackenheim was a Holocaust survivor. His wife did not convert to Judaism until after Yossi's birth. Yossi was converted at the age of two by an Orthodox Rabbinical court in Toronto.

Rabbi Yissachar Dov Hagar, a judge on Jerusalem's Rabbinical Court, ruled during proceedings to finalize the divorce of Yossi and his wife that there was no need for a Jewish divorce because Yossi's original conversion was invalid. Apparently his decision was based on the fact that Yossi did not maintain an Orthodox lifestyle after his conversion. Rabbi Hagar attended the court session dressed in a Hasidic long coat and fur hat, and complained about non-Jews being anti-Semitic when he learned that Yossi was a Shakespearean actor. At the request of Fackenheim'ss attorney, the judge did agree to issue his wife a Jewish divorce decree, but added language stating that Fackenheim was not Jewish. However the court Administration said no official decision was made on the status of Fackenheim's conversion. Fackenheim is considering filing an appeal with the High Rabbinic Court or Israel's Supreme Court, but is concerned about endangering the validity of the conversion of his siblings if he presses the point.

Likely Civil Rights Division Head Disclosed

Legal Times reported Friday that the likely nominee to head the Department of Justice Civil Rights Division in the Obama administration is Thomas Saenz, counsel to Los Angeles Mayor Antonio Villaraigosa. The likely nominee, a Yale Law School graduate, worked at the Mexican American Legal Defense and Educational Fund prior to joining Mayor Villaraigosa's administration. The Civil Rights Division enforces federal anti-discrimination statutes, including bans on religious discrimination.

Meanwhile the Justice Department has released a publication, The Accomplishments of the U.S. Department of Justice 2001-2009. It lauds its comprehensive initiative to protect religious freedom, and its creation of a new position of Special Counsel for Religious Discrimination. The Civil Rights Division prioritized investigation of bias crimes against Muslims, Sikhs, Arabs and South Asians, and developed a comprehensive program for enforcement of RLUIPA.

Lawsuit Says Village's Creation and Zoning Discriminate Against Hasidic Jews

Last week, a group of Hasidic Jews who own land now located in the New York village of South Blooming Grove filed an interesting religious discrimination suit alleging violations of the federal Fair Housing Act and the 14th Amendment's Equal Protection Clause. The Middletown (NY) Times Herald-Record reported Friday on the federal lawsuit that claims a separate village was initially created, and its zoning polices were pursued, to prevent the largely Hasidic Jewish community in neighboring Kiyas Joel from expanding to nearby land. The complaint (full text) in Berkovitz v. Village of South Blooming Grove, (SDNY, filed 1/12/2009), cites a two and one-half year moratorium on development projects. It also focuses on a proposed zoning ordinance that is allegedly aimed at preventing construction of affordable housing on large parcels of land. It would ban two-family duplexes and impose a conservation overlay on large parcels like a former bungalow colony and golf course owned by some of the developers. Plaintiffs in the case own 1400 acres, nearly half of the land in the village. [Thanks to J.J. Landa for the lead.]

White House Releases Publications on Its Accomplishments

On Saturday the White House released three publications setting out the accomplishments of George W. Bush's presidency: A Charge Kept: The Record of the Bush Presidency 2001-2009; Highlights of Accomplishments and Results of the Administration of George W. Bush; and 100 Things American May Not Know About the Bush Administration Record. They all include among the administration's accomplishments its Faith-Based and Community Initiative, and its advancement of "a culture of life." The White House also released a publication of Selected Speeches of President George W. Bush 2001-2008. Included, among many others, are Bush's speech announcing his Faith-Based and Community Initiative, a speech at the 2001 National Prayer Breakfast, Remarks at the Dedication of the Pope John Paul II Cultural Center, and Remarks on the Visit of His Holiness Pope Benedict XVI.

Recent Articles of Interest

From SSRN:

• Ian C. Bartrum, Of Historiography and Constitutional Principle: Jefferson's Reply to the Danbury Baptists, (Journal of Church and State, Vol. 51, Spring 2008).

From SmartCILP and elsewhere:

• Danielle Boaz, Religious Reparations from the Trans-Atlantic Slave Trade: Forming Demons, Cults, and Zombies to Justify Black Enslavement, 20 St. Thomas Law Review 604-621 (2008).
• Jose A. Lammoglia, Legal Aspects of Animal Sacrifice Within the Context of Afro-Caribbean Religions, 20 St. Thomas Law Review 710-720 (2008).
• Guadalupe T. Luna, Cultural, Ethnic, and Religious Fragmentation, 20 St. Thomas Law Review 622-641 (2008).
• Fundamental Rights in Light of Globalization and Privatization. Articles by Patrick Macklem, Susanna Mancini, Stephanie Palmer, Andras Sajo, Suzanne Last Stone, Frank I. Michelman and Dennis M. Davis. 6 I. Con: International Journal of Constitutional Law 531-711 (2008).
• Special Edition--Faith at the Schoolhouse Gate: Analyzing Religious Speech in Public Schools: Papers from the 2008 Annual Meeting of the American Association of Law Schools. Foreword by Josie F. Brown; articles by Emily Gold Waldman and Kenneth L. Marcus. 37 Journal of Law & Education 461-547 (2008).
• Eric D. Yordy, Fixing Free Exercise: A Compelling Need to Relieve the Current Burdens, 36 Hastings Constitutional Law Quarterly 191-215 (2009).

Australian Churches Back Removal of Child Abuse Limitation Statutes

In Australia, the Catholic and Uniting churches are both publicly giving at least qualified support to a proposal by Anglican Archbishop Phillip Aspinall for nation-wide removal of statutes of limitation on suits by child sex abuse victims against various institutions. According to today's Australian, Aspinall is leading a campaign urging Queensland's government to set a precedent for the country. Currently churches generally require churches to assert statute of limitations defenses in these suits. Those statutes in Australia generally require claims by those abused as minors to be filed by the time they turn 21.

Op-Ed Predicts Obama's Choice For D.C. Church

Among the decisions awaiting incoming President Barack Obama is choosing a D.C. church for himself and his family. Mark Tooley in the Wall Street Journal on Friday weighed in with some informed speculation. He says: "Presidential churches usually lie within one short mile of the White House, and have short, one-hour services. Typical black-church worship is longer." While discussing a number of options, Tooley says his guess is the New York Avenue Presbyterian Church where Obama's role model, Abraham Lincoln, worshiped. Lincoln's original pew is still there.

DC Anti-Abortion Chalk Art Protesters Get Preliminary Injunction

On Friday, a group of Christian activists filed suit in federal district court in Washington, DC seeking to prevent DC police from interfering with their planned chalk-art demonstration near the White House on January 24 to protest Barack Obama's support of abortion rights. (Christian Defense Coalition press release.) When they applied for a demonstration permit, police informed them that chalking would constitute illegal defacement of public property. (See prior posting.) The complaint (full text) in Mahoney v. District of Columbia, (D DC, filed 1/16/2009), alleges that police threats of criminal sanctions against them for engaging in their planned demonstration violates their First Amendment speech and religion rights, their religious exercise rights protected by the Religious Freedom Restoration Act, and violates the DC Police Standards Act of 2004 (DC Code Sec. 5-331.04). It appears from the record of the case on PACER that the court issued a preliminary injunction in the case, though no copy of it is yet available from court records.

Italian Buses Reject Atheist Advertising Campaign

In Genoa, Italy, an advertising agency has refused to sign a contract with an atheist group to display its advertising signs on city buses. Reuters today reports that the agency told the Italian Union of Atheists and Rationalist Agnostics that the ad violated its ethics in advertising code. The ads reading: "The bad news is that God doesn't exist. The good news is that you don't need him ," were to be placed on buses in Genoa, the home town of the head of the Italian Bishop's Conference. [Thanks to Scott Mange for the lead.]

UPDATE: In response to the campaign to display signs promoting atheism, a Catholic group, Christian Reformists, began its own ad campaign in Rome. It put up more than 5,000 posters around the city reading: "God exists, and even atheists know it." (International Herald Tribune, 1/19).

Non-FLDS Residents Seek Input In Court Reform of UEP Trust

Last week, both the Salt Lake Tribune and the Deseret News reported on another complication in the ongoing efforts by a Utah court to rewrite the terms of the United Effort Plan Trust originally set up by the FLDS church to hold almost all the property in the twin cities of Hildale, Utah and Colorado City, Arizona. As members of the FLDS Church are negotiating with Arizona and Utah attorneys general and the court-appointed special fiduciary, residents of the two cities who are not FLDS members are making their voices heard. Those involved are a mix of families that broke away from the FLDS church decades ago, as well as some who broke away more recently. The non-FLDS members organized a town hall style meeting on Friday to make their views heard. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Yates v. Painter, (3d Cir., Jan. 13, 2009), the U.S. 3rd Circuit Court of Appeals remanded a prisoner's RLUIPA and first amendment challenges in light of an intervening decision by the 3rd Cirucit defining "substantial burden" under RLUIPA. Basil Allah Yates claimed that prison officials confiscated Nation of Islam materials taht he is required to study as part of his religion.

In Hensley v. Kampshaefer, 2009 U.S. Dist. LEXIS 1478 (WD KY, Jan. 9, 2009), a Kentucky federal district court dismissed for failure to exhaust administrative remedies a prisoner's complaint that his Native American Ceremonial Religious properties were desecrated by being tossed on the cell floor and bunk during cell searches.

In Worthen v. Oklahoma Department of Corrections, 2009 U.S. Dist. LEXIS 1843 (WD OK, Jan. 12, 2008), an Oklahoma federal district court agreed with a magistrate's conclusion that a prisoner had not alleged a substantial burden on the exercise of his religion in his complaint that he was cut off from communication with fellow Unitarian-Universalist believers when he was denied access to email.

In Taylor v. Bruno, 2008 Conn. Super. LEXIS 3133 (CT Super., Nov. 25, 2008), a Connecticut trial court rejected a prisoner's request for a temporary injunction based on allegations that his free exercise and equal protection rights had been violated. Prison authorities had denied Taekwon Taylor access to oils, incense and parchment paper that he claimed were necessary to practice his religion of Santeria, and had denied his request to perform certain religious rituals outside.

Two European Countries Move Toward Choice In School Religion Classes

Two European countries are moving toward more choice in public schools on religious education. In Wales, schools must provide daily collective worship for all children, unless their parents withdraw them. Wales Online on Thursday reported that Assembly education minister Jane Hutt has ruled that students over 16 years of age can decide on their own to opt out of the assemblies.This brings Wales in conformity with the policy in England. [Thanks to Scott Mange for the lead.]

Meanwhile, Bloomberg reported Friday that in Germany a church-supported group has obtained enough signatures to call a referendum on a 2-year old state law that mandates ethics classes for all students beginning in seventh grade, but makes religious classes elective. The proposal by the group "Pro Reli" would allow parents and students to choose between either ethics or religion courses.

Opponents of Bolivia's New Constitution Focus On Religious Changes

On January 25, Bolivians vote on a proposed new constitution for the country. (BBC News.) The new constitution, according to a report last week by IPS, contains a bill of rights, and also eliminates the provision in the current Constitution that recognizes Catholicism as the country's official religion. Instead, Article 4 of the draft constitution guarantees freedom of religion and of spiritual beliefs and provides that the state is "independent from religion." The draft constitution also assures freedom for religious education and preserves existing arrangements on schools run by different faiths. While the Catholic Church remains neutral in the referendum, opponents of the new Constitution are using pro-Catholic appeals to urge voters to reject the document. A group called Iglesias Re Unidas is running ads proclaiming: "Choose God, Vote No." Podemos party member José Antonio Aruquipa says that opposition from religious leaders stems from President Morales' belligerent attitude toward the Catholic Church. [Thanks to Scott Mange for the lead.]

Muslim Ads On Broward County Buses Raise Protest

In Broward County, Florida, an advertising agency handles the sale of ad space on county buses. The Council on American-Islamic Relations (CAIR) has bought space on the outside of 50 buses for the message: "ISLAM: The Way of Life of Abraham, Moses, Jesus and Muhammad" along with a toll-free number for further information. Today's Miami Herald reports that Fort Lauderdale Mayor Jim Naugle agrees with a group of protesters who want the ads removed. In the county, where tensions are already high over events in Gaza, Jewish activist Joe Kaufman, chairman of a group called Americans Against Hate, charges that CAIR is connected to Hamas. He also says the ad is misleading because it suggest that Abraham, Jesus and Moses were Muslims. Once the contract for ads with CAIR expires near the end of this month, the Broward County Commission will meet to decide what, if any, religious messages will be permitted on county buses in the future.

Article Traces Change In Pattern of Inaugural Prayers

Beliefnet reprints a lengthy article from today's Wall Street Journal by Steven Waldman titled Why The Inaugural Prayers Have Become Less Inclusive Over Time. Waldman says:

The country has gone through, in effect, three phases. In the first, presidents used a religious-diversity model. From 1937, when the first inaugural prayer was offered, until 1985, the presidents (with one exception in 1981) had clergy of different faiths or denominations up on the podium....

Then in 1989 and 1993 we tried what might be called the "America's pastor" model. One man, the Rev. Billy Graham, offered both the invocation and benediction. He pulled it off by using broadly inclusive language....

Next came the Protestant-only model. In 1997, Mr. Graham was the only pastor at Bill Clinton's second inaugural, but this time he made it a fully Christian prayer, ending it "we pray in the name of the Father, the Son and the Holy Spirit." .... Barack Obama mostly seems focused on ideological rather than denominational diversity.

UPDATE: In Monday's Washington Times, Rev. Franklin Graham (son of Billy Graham) who gave the invocation at George W. Bush's 2001 inauguration adds his thoughts on the issue of inaugural prayer. Graham's 2001 invocation ended with a specifically Christian reference. He urges those on all sides of the issue to "calm down" about it.

Bureau of Prisons Proposes Rule on Chapel Libraries

Yesterday, the Federal Bureau of Prisons published a proposed rule change in the Federal Register (full text) that permits prison chapel libraries to exclude books, audiotapes and videos that "could incite, promote or otherwise suggest the commission of violence or other criminal activity." The proposed rule defines this as including material that advocates violence toward particular religious, racial or ethnic groups as well as material that urges overthrow or destruction of the United States. In 2007, the Bureau of Prisons came under significant criticism for its Chapel Library Project which attempted to draw up lists of acceptable religious books for prison chapel libraries. (See prior posting.) Responding to this, Congress included Sec. 214 in the Second Chance Act of 2007, which provides:

Not later than 30 days after the date of enactment of this Act, the Director of the Bureau of Prisons shall discontinue the Standardized Chapel Library project, or any other project by whatever designation that seeks to compile, list, or otherwise restrict prisoners’ access to reading materials, audiotapes, videotapes, or any other materials made available in a chapel library, except that the Bureau of Prisons may restrict access to—(1) any materials in a chapel library that seek to incite, promote or otherwise suggest the commission of violence or criminal activity; and (2) any other materials prohibited by any other law or regulation.

[Thanks to Michael Lieberman for the lead.]

Non-Profit Victim of Madoff Fraud May Need To Repay Fictitious Earnings

Disclosures this week from the non-profit women's Zionist organization, Hadassah, raise interesting questions about the application of New York's Fraudulent Conveyance Act and the federal Bankruptcy Code's fraudulent conveyance provisions to charities that were victims of the Bernie Madoff Ponzi scheme. Jerusalem Post reports that Hadassah announced on Wednesday that it had invested $90 million with Madoff. New York Jewish Week expanded on the announcement, revealing that over the last 20 years Hadassah has withdrawn $130 million from its Madoff accounts, and suggests that under New York law Hadassah may be required to pay back some of these amounts to a Madoff trustee in bankruptcy.

New York's Debtor and Creditor Law, Section 276, provides that any conveyance of property by someone such as Madoff made with actual intent to defraud creditors is a fraudulent conveyance. Also the federal Bankruptcy Code permits a trustee to avoid any fraudulent transfer (11 USC Sec. 548). Cases such as Bear, Stearns Secs. Corp. v. Gredd (In re Manhattan Inv. Fund Ltd.), 397 B.R. 1 (SD NY, 2007)[LEXIS link] hold that there is a presumption that a Ponzi scheme involves actual intent to defraud creditors. Even if Hadassah's withdrawals were the receipt of funds through fraudulent conveyances by Madoff, courts will need to determine how far back they can go in ordering repayments to a bankruptcy trustee or receiver. (See NY Civil Prac. Law & Rules Sec. 213 and 11 USC Sec. 548).

Suits Filed To Challenge HHS Conscience Rules

Today's Washington Post reports that three separate lawsuits were filed yesterday in federal district court in Connecticut challenging the "conscience rules" recently promulgated by the Department of Health and Human Services. (See prior posting.) The rules, which protect health care providers who have moral or religious objections to performing or furnishing particular services, are scheduled to take effect January 20, the day Barack Obama comes into office. One suit was filed by Planned Parenthood (Press release). A second was filed by the ACLU on behalf of the National Family Planning & Reproductive Health Association. The third was filed by a group of seven states, led by Connecticut Attorney General Richard Blumenthal, who issued a press release discussing the challenge. Blumenthal's suit challenges the regulations as being inconsistent with the Administrative Procedure Act and the Constitution's spending clause. It also says that the regulation infringes a woman's constitutionally protected right to be free from government interference with access to contraception and other reproductive health services. Finally the suit argues that the rules require states to surrender their sovereign police powers. [Thanks to Alliance Alert for the lead.]

President Proclaims January 18 As Sanctity of Human Life Day

Yesterday President Bush issued a Proclamation (full text) declaring January 18 as National Sanctity of Human Life Day 2009. The Proclamation says in part:

All human life is a gift from our Creator that is sacred, unique, and worthy of protection. On National Sanctity of Human Life Day, our country recognizes that each person, including every person waiting to be born, has a special place and purpose in this world....

The most basic duty of government is to protect the life of the innocent. My Administration has been committed to building a culture of life by vigorously promoting adoption and parental notification laws, opposing Federal funding for abortions overseas, encouraging teen abstinence, and funding crisis pregnancy programs....

America is a caring Nation, and our values should guide us as we harness the gifts of science. In our zeal for new treatments and cures, we must never abandon our fundamental morals. We can achieve the great breakthroughs we all seek with reverence for the gift of life..... We ... encourage more of our fellow Americans to join our just and noble cause.

NY Approves Hebrew Charter School As Group Forms To Promote Them Elsewhere

On Tuesday, the full New York Board of Regents approved an application for creation of the Hebrew Language Academy Charter School. The publicly-funded charter school, to open in Brooklyn, will teach Hebrew language and Jewish culture. (See prior posting.) Yesterday's Forward reports that millionaire Michael Steinhardt, who strongly backs the school, has created a group called Areivim that seeks to obtain funding of $100 million from a group of wealthy philanthropists. The group will offer grants and expertise to local groups around the country that are considering creating similar charter schools.

A posting by Richard Kahlenberg on Taking Note blog takes issue with the promotion of ethnic charter schools. He says: "Americans once had two institutions that served as glue in our diverse population – the military (for males) and the public schools. Once the military went to an all-volunteer force, we lost that source of cohesion. We would be wrong to forfeit it among public charter schools as well."

Prof Urges Bet Din Should Examine Part of the Madoff Fraud

An op-ed published yesterday in the Forward urges that one of the principals in the Madoff financial fraud be brought before a Jewish religious court (bet din). Villanova law professor Chaim Saiman suggests that actions by Ezra Merkin, the feeder fund manager who was responsible for large amounts of money from Jewish non-profits being directed to Madoff, should be examined under Halacha (Jewish law). Saiman writes: "Halacha’s explicit religious terminology ... vocalizes the underlying sense of communal betrayal that lies at the bottom of this case."

UPDATE: This morning's New York Times reports that New York Attorney General Andrew Cuomo has issued subpoenas in an investigation into whether Ezra Merkin defrauded universities and charities by investing their funds with Bernard Madoff.

Korean Panel Says Military Objectors' Deaths Were From State Brutality

The Hankyoreh reports today that in South Korea, a Presidential Commission on Suspicious Deaths in the Military has concluded that the deaths of five Jehovah's Witness conscientious objectors in the 1970's and 1980's resulted from "beatings and acts of brutality committed against them by military officials." The officials were attempting to coerce the forcibly-conscripted objectors into participating in drills and carrying firearms in violation of their conscience or religion. Some of the objectors died from the beatings. Others committed suicide because of the violence against them. The Commission concluded that the beatings "were unconstitutional, anti-human rights acts that infringed severely upon the freedom of conscience (religion) guaranteed in the Constitution." The verdict means that surviving family members can request damages from the state.

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.