Kirill Installed; Russia's President Stresses Church-State Separation

In Moscow on Sunday, Russian President Dmitry Medvedev and Russian Prime Minister Vladimir Putin attended the three-and-a-half-hour service installing the newly-elected Patriarch of the Russian Orthodox Church, Kirill I. Yesterday Ekklesia and ITAR/TASS both reported on the ceremony at which Kirill stressed the importance of Church unity in the face of suggestions by Ukraine's president that the Ukrainian Orthodox church to break away. (See prior posting.) At a reception, President Medvedev spoke of church-state relations, saying in part: "In the renewed Russia relations between the state and the Church are built according to the constitutional principles of the freedom of conscience and belief, non-interference of state bodies in the activities of religious organizations." Kirill responded that there should be a "symphony" in the relationship between the Church and public power.

Justice Department Will Likely Focus on Race Instead of Religious Discrimination

Today's New York Times reports on the dramatic changes that are expected at the Department of Justice under new attorney general Eric Holder. The Senate is expected to confirm Holder today and he plans to be sworn in this evening in order to get a quick start. In the Civil Rights Division, it is expected that the Department will return to its traditional role of mainly focusing on racial and ethnic discrimination. In the Bush administration, the Division had shifted away from these areas in order to focus on religious discrimination cases. (See prior related posting.)

UPDATE: CNN reports that Eric Holder was confirmed by the Senate Monday night by a vote of 75-21.

Botswana Proposal To Force Sale of Non-Halal Meat Stirs Controversy

Gaborone's Sunday Standard reports today that Botswana's attorney general began in October to draft legislation to compel major food retailers to provide a section of their stores in which non-halal food is sold. At issue is the difficulty that small farmers in majority-Christian Botswana are having in selling their poultry to retail outlets. Many of those food stores are owned by Muslims and the Qur'an forbids Muslims making profits through selling non-halal products. Requiring them to do so would pose substantial problems under Botswana's Constitution (Sec. 11) that protects freedom of religion. The Botswana Chamber of Commerce, Industry and Manpower (BOCCIM) says that the real problem is that many small farmers observe deficient hygiene standards and are unable to assue a consistent supply. Some retailers are using halal as an excuse not to purchase from them rather than dealing with the underlying issues. BOCCIM suggests government aid to small farmers to improve production reliability and to set up slaughtering facilities nearby.

Conversion To "Prison Islam" Is Popular

An article in Sunday's Everett, Washington Herald discusses the growth of conversion to Islam in U.S. prisons. Vassar professor Lawrence Mamiya estimates that 10% of all prison inmates have converted, though only 20% of those continue in the faith after they are released. Most of the converts are African-Americans. Originally conversion efforts were undertaken by Nation of Islam, but now most converts are Sunni. Some experts say that "Prison Islam" is more like a "prison gang" that gives members some special privileges, though prison chaplains say that the converts are serious. There is a shortage of trained federally approved imams, so that many prison congregations are led by inmates. One Muslim inmate said that conversion changed everything for him. Another, commenting on the attraction of Islam, said: "In Christianity, Jesus Christ died for sins. But in Islam, there's no scapegoat. I can't say that the devil made me do it."

Recent Articles of Interest

From SSRN:

• Frances Raday, Traditionalist Religious and Cultural Challengers - International and Constitutional Human Rights Responses, (Israel Law Review, Vol. 41, pp. 596-634, 2008).


• Joel A. Nichols, Evangelicals and Human Rights: The Continuing Ambivalence of Evangelical Christians' Support for Human Rights, (Journal of Law and Religion, Vol. 7, 2009).


• Elizabeth Rose Schlitz, Learning from Mary: The Feminine Vocation and American Law, (Ave Maria Law Review, Vol. 8, 2009).


• Christopher C. Lund, Legislative Prayer and the Secret Costs of Religious Endorsements,(January 31, 2009).


• Neil W. Hamilton, Faculty Professionalism: An Opportunity for Catholic Higher Education to Vitalize the Academic Profession's Social Contract, (Current Issues in Catholic Higher Education, Vol. 25, p. 177, 2008).


• Josh Blackman, This Lemon Comes as a Lemon: The Lemon Test, Legislative History, and the Pursuit of a Statute's Secular Purpose, (January 17, 2009).
  

From SmartCILP:

• Francis J. Beckwith, The Courts, Natural Rights, and Religious Claims as Knowledge, 49 Santa Clara Law Review 429-458 (2009).


• David Crump, Natural Selection, Irreducible Complexity, and the Bacterial Fagellum: A Contrarian Approach to the Intelligent Design Debate, 36 Pepperdine Law Review 1-57 (2008).


• Nantiya Ruan, Accommodating Respectful Religious Expression in the Workplace, 92 Marquette Law Review 1-32 (2008).

Indonesian Police Hold Sect Leader, Preliminarily Charged With Blasphemy

Indonesian police have charged Agus Noro, head of the Satria Piningit Weteng Buwono sect, with blasphemy after a female sect member called Kartiningsih charged that Noro proclaimed himself to be God and held bizarre sex rituals. Other charges could follow. Noro allegedly forced Kartiningsih to have sex with him while her husband and other followers watched. Noro's followers call him Agus Imam Solihin or "leader of the faithful." Reuters reported yesterday that Noro has surrendered to police after a raid on the sect's headquarters. AFP reported last week that the leader gave religious sermons wearing only his underpants and told his disciples they would be taught Kamasutra sex techniques to use in the afterlife.

Court Orders Amish Couples To Comply With Building Code Or Vacate Homes

The Johnstown (PA) Tribune-Democrat reported on Friday that a state trial court judge has issued a preliminary injunction against two Amish couples who have refused to comply with county sewage and building code regulations in the houses they are constructing. The court ordered that the two couples, members of the conservative Swartzentruber Amish sect, must either comply with all regulations within 60 days, or else vacate their homes. The order was issued by Judge Norman Krumenacker after he unsuccessfully tried to negotiate a compromise in the dispute by meeting with Amish elders and the state Department of Environmental Protection.

British Court Convicts Father For Encouraging Son In Ashura Rite

BBC News reported Friday that a British court has convicted a Muslim father of cruelty for encouraging his 10-year old son to take part in a Shia religious ceremony that involves self-flagellation with an instrument made up of chains and blades. Police began an investigation after the boy's mother complained. Huntingdon Crown Court imposed a 6-month suspended sentence on the father for allowing his son to take part in zanjeer matam, a ceremony practiced by some for Ashura that commemorates the martyrdom of Husayn ibn Ali. The father was also sentenced to 180 hours of community service and required to pay costs of £500. Another father was convicted in a similar case last September. (See prior posting.)

Two Cases Result In Victory For Religious Accommodation In Employment

Last week brought one verdict and one settlement for individuals seeking dress and appearance code accommodations from employers. In Trenton, New Jersey, a federal jury awarded $10,000 in damages against United Parcel Service for failing to create an exception to its grooming guidelines to accommodate a Rastafarian employment applicant. The Newark Star-Ledger reported yesterday that the lawsuit, brought by the EEOC, charged that UPS would not hire Roniss Mason for a job involving direct customer contact unless he shaved his beard. UPS says it will appeal. (See prior related posting.)

Meanwhile AP reported yesterday that the Las Vegas, Nevada police department has settled a suit brought against it by an Orthodox Jewish detective who, under departmental dress rules, was prohibited from wearing a beard and head covering. Detective Steve Riback won an initial victory in an August federal district court ruling. (See prior posting.) Under the settlement, Riback will be allowed to wear a neatly trimmed beard and a baseball cap without a logo or with the departmental logo. In addition, the police department will pay $350,000 in damages. Under the settlement, Riback agreed not to apply for a promotion or transfer for two years, and will need to file a new accommodation request if in the future he is transferred out of his current plain-clothes unit.

Fiji Village Chief Bans Sunday Travel Except For Church

In the South Pacific nation of Fiji, village chief Isei Vosadrau has banned residents of his village on the island of Vanua Levu from traveling anywhere on Sundays except to church services. Fiji Times reported yesterday that the step was taken because villagers had been walking out of church services to catch the boat to the island's largest town, Labasa. The Citizens Constitutional Forum says that the chief's order is unconstitutional under various provisions in the bill of rights of Fiji's constitution. FijiLive reports that the country's Methodist Church also disagrees with the scope of the ban.

Recent Prisoner Free Exercise Cases

In Singson v. v. Norris, (8th Cir., Jan. 27, 2009), the U.S. 8th Circuit Court of Appeals upheld the Arkansas Department of Corrections policy that requires Wiccan inmates to check out tarot cards from a chaplain and prohibits keeping of the cards in the inmate’s cell. Plaintiff had claimed that the policy violated his rights under RLUIPA.

In White v. Sherrod, 2009 U.S. Dist. LEXIS 5767 (SD IL, Jan. 28, 2009), and Illinois federal district court dismissed a federal prisoner’s claim that he was prevented from speaking at a religious service after he was disciplined for encouraging a group demonstration at a previous Rastafarian religious service.

In Hyde v. Fisher, (ID App., Jan. 28, 2009), an Idaho Court of Appeals upheld a state maximum security prison’s ban on sweat lodge ceremonies and its restrictions on possession of religious property brought by an inmate who practices Odinism and Native American religion. Plaintiff claimed that these policies violated RLUIPA and Idaho’s Free Exercise of Religion Protected Act. The court concluded, however, that the state had not shown that a total ban on smudging ceremonies is the least restrictive means of furthering the compelling interest in safety and security.

In Mitchell v. New York State Department of Correctional Services, 2009 U.S. Dist. LEXIS 5157 (WD NY, Jan. 26, 2009),a New York federal district court rejected a prisoner’s claim that the prison’s Religious Alternative Meals did not adequately accommodate his Nation of Islam dietary requirements.

In Ashanti v. Tilton, 2009 U.S. Dist. LEXIS 4767 (ED CA, Jan. 23, 2009), a California federal magistrate judge permitted a Muslim prisoner to proceed with his claims that he was not being provided a halal diet and that the prison does not provide an interfaith chapel suitable for Muslim prisoners to use.

In Warren v. Kolender, 2009 U.S. Dist. LEXIS 4817 (SD CA, Jan. 22, 2009), a California federal district court rejected a challenge by plaintiff to the lack of religious services for detainees, as opposed to prisoners, in the San Diego County jail. Plaintiff was held there for a period of time during hearings on whether he should be classified as a sexually violent predator. The court found that it was religious volunteers themselves, not jail officials, who decided to offer more religious services to prisoners than to detainees. UPDATE: The magistrate judge's recommendation, which was rejected by the court, is at 2008 U.S. Dist. LEXIS 106905 (May 23, 2008).

In Reischauer v. Jones, 2009 U.S. Dist. LEXIS 6358 (WD MI, Jan. 29, 2009), a Michigan federal district court rejected 1st Amendment and RLUIPA challenges by an inmate who claimed that authorities denied his requests for Islamic weekly Jum'ah services and for religious books from the Muslim Brotherhood Religious Library. The court also rejected claims that plaintiff was removed from the monthly Ramadan fast list without his consent and was wrongly denied a bag meal for breaking the fast at the Eid celebration.

In Hall v. Cole, 2009 U.S. Dist. LEXIS 6412 (D NJ, Jan. 28, 2009), a New Jersey federal district court permitted an inmate to proceed with his claim that his 1st Amendment rights were violated when he was denied access to religious services because he was in administrative segregation for protection as a witness in a high profile case.

In Goods v. Pylant, 2008 U.S. Dist. LEXIS 106800 (WD LA, Dec. 16, 2008), a Louisiana federal magistrate judge recommended dismissal of a plaintiff's claim that his free exercise rights were violated when, because of his confinement in lock-down, he was prohibited from attending church services.

In Brown v. Unfried, 2009 U.S. Dist. LEXIS 6436 (SD IL, Jan. 29, 2009), an Illinois federal district judge permitted a prisoner to proceed with his claim that authorities refused to accommodate his observance of the Ramadan fast.

In State v. Bain, (VT Sup. Ct., Jan. 14, 2009), the Vermont Supreme Court rejected a prisoner's claim that his free exercise rights were violated when he was ordered to submit a DNA sample for the state's DNA data base.

In Iswed v. Caruso, 2009 U.S. Dist. LEXIS 6347 (WD MI, Jan. 29, 2009), a prisoner complained he was not allowed to make overseas phone calls to his family. A Michigan federal district court rejected plaintiff's free execise challenge to this for lack of factual allegations supporting the claim.

Moderate Elected Somali President; Wants To Correct Radical Interpretation of Islam

Reuters reported yesterday that Sheikh Sharif Ahmed, a moderate, has been elected president of Somalia. The election took place in an all-night session of Somalia's parliament meeting in neighbouring Djibouti because of military control of Baidoa by the Islamic terrorist group, al Shabaab. (See prior posting.) Ahmed says he will try to correct the misinterpretation of Islam by some insurgents. He wants to create a new national security force.

Videos Show Questioning Process In Immunization Waiver Application

In New York state, a child can obtain a waiver of immunizations normally required before entering school if the child's parents hold "genuine and sincere religious beliefs" that oppose immunization. Public Health Law, Sec. 2164(9). Three videos posted on Age of Autism yesterday show the meeting during which a school attorney questions a parent about her religious beliefs on the issue. The mother's posting accompanying the videos is extremely critical of the process.

Sudan Expels US Aid Group From Darfur Over Bibles

Reuters reports today that Sudanese authorities have expelled an American aid group, Thirst No More In North Darfur (TNM), after the government found 3,400 copies of the Bible in Arabic in the group's offices. Sudanese regulations require aid groups to provide details of their activities to Sudan's Humanitarian Aid Commission. TNM's 2009 Work Plan says its goal is to increase water supplies to villages in North Darfur. Governmental permission is required before a new project can be undertaken. A Commission official says that TNM failed to provide justification for possessing so many Bibles. Most charitable groups in Darfur sign a voluntary Red Cross code of conduct that precludes using aid to further a specific political or religious viewpoint.

Reaction Is Mixed To New Head Of White House Faith Based Office

The Washington Post reported Friday that a White House aide, confirming earlier reports, announced that President Obama has appointed 26-year old Joshua DuBois to head the White House's revamped Office of Faith Based and Neighborhood Partnerships. (See prior posting.) Reaction is mixed to the appointment of the Pentecostal pastor who ran religious outreach in the Obama campaign. Today's Washington Times says that religious professionals are concerned that DuBois lacks experience working with charities. They also say that DuBois faces a challenge in carrying out Obama's announced policy of precluding faith-based social service programs that receive federal funds from hiring on the basis of religion. (See prior posting.) JTA reports, however, that both Orthodox and Reform Jewish groups say that DuBois is an excellent choice.

Proposed Texas Law Would Aid Break-Away Congregations In Property Fights

Texas state Rep. Byron Cook has introduced into the Texas legislature a bill that would help congregations that break away from their parent church claim ownership of local church property. Proposed H.B. 729 provides that in a factional separation in an hierarchical religious organization, a court can order division of local church property "in a manner that the court considers just and right." Thursday's Dallas Morning News reports that the bill was introduced at the urging of the 300-member St. John's Episcopal Church in Corsicana (TX). The congregation is satisfied with the leadership of the current Episcopal Bishop of Dallas, but would consider breaking away if he were succeeded by a more liberal bishop. A provision adopted by the Episcopal Church USA in 1979 provides that local church properties are held in trust for the denomination and its dioceses, even though church buildings, like St. John's 100-year old sanctuary, are often paid for by funds raised from the local congregation. Episcopal News Service on Friday reported on its interview with St. John's rector, Rev. Canon Ed Monk, about the proposal.

Hawaii Court Rejects Free Exercise Defense To Marijuana Use

In State of Hawai'i v. Kimmel, (HI App., Jan. 23, 2009), the Hawaii Intermediate Court of Appeals affirmed defendant's conviction for commercial promotion of marijuana. The court rejected the argument that James Kimmel's use of marijuana for religious purposes was protected by the free exercise clause (Art. I, Sec. 4) of the Hawaii Constitution. It also rejected Kimmel's argument that his right to privacy protected by Art. I, Sec. 6 of the Hawaii Constitution permitted him privately consume marijuana.

Senate Stimulus Bill Excludes House Bill's Faith-Based Funding; Both Versions Limit Grants for Sectarian College Buildings

It appears that the Senate version of the stimulus bill, the American Recovery and Reinvestment Act of 2009 (S.336) does not include the funds for faith-based programs that were in the House version. (See prior posting.) The House version included the funding for the Capital Compassion Fund in its appropriations for Children and Family Services Programs. The appropriations in this area in the Senate bill make no mention of funds for faith-based organizations.

Also the Senate bill, in authorizing grants to state higher education agencies for "Higher Education Facilities", imposes limits on sub-grants to colleges and universities for renovation and modernization of buildings. No grant may be used for "modernization, renovation, or repair of facilities— (i) used for sectarian instruction, religious worship, or a school or department of divinity; or (ii) in which a substantial portion of the functions of the facilities are subsumed in a religious mission..." The House bill contains the same limitation.

Senate Passes S-Chip Expansion After Rejecting Two Abortion Related Amendments

Yesterday the U.S. Senate passed the Children's Health Insurance Program Reauthorization Act of 2009 (HR 2), expanding the "S-chip" program, by a vote of 66-32. (AP report.) During debate on numerous amendments, the Senate rejected two Republican amendment that attempted to inject the abortion debate into the legislation. An amendment offered by Sen. Mel Martinez would have restored the "Mexico City Policy" to ban foreign aid grants to private groups that promote abortion as a method of birth control. (Christian Post report.) It was rejected by a vote of 37-60. An amendment offered by Sen. Orrin Hatch would have allowed states to extend health coverage to any "unborn child." (LifeNews report.) It was rejected by a vote of 39-59.

UPDATE: Inside Catholic reports that only 6 of the 24 Catholic U.S. Senators voted to restore the Mexico City Policy. [Thanks to PewSitter for the lead.]

Ledbetter Fair Pay Act Signed; Applies To Religious Discrimination Claims

The Washington Post reports that yesterday President Obama signed the Lilly Ledbetter Fair Pay Act of 2009 (full text). The law amends Title VII of the 1964 Civil Rights Act (as well as several other anti-discrimination statutes) so that the statute of limitations period resets every time a person receives a paycheck impacted by unlawful employment discrimination. While the remarks of the President and others at the signing ceremony (full text) emphasized gender discrimination, the new limitation period period also applies to Title VII religious discrimination claims. The new statute was Congress' reaction to a 2007 U.S. Supreme Court decision interpreting the Title VII statute of limitations narrowly. (See prior posting.)

Darwin Day Proposal Creates Controversy In Ohio City

February 12 is the 200th anniversary of the birth of Charles Darwin, and already battles are erupting over celebrating the event. Wednesday's Columbus (OH) Dispatch reports that in the Columbus suburb of Whitehall, objections are derailing a proposal in city council. Councilwoman Jacquelyn Thompson originally urged that the city declare Feb. 12 to be Darwin Day in Whitehall. After objections were raised, she modified her proposal to declare February as "Science Month" in honor of both Darwin and Galileo (whose birthday is Feb. 15). However this proposal has also drawn substantial criticism, with the unspoken issue being evolution vs. creationism. Objections articulated by other council members include the unfairness in not naming hundreds of other deserving scientists, and conflicts with other February designations such as Black History Month. [Thanks to Scott Mange for the lead.]

Poll Ranks Most and Least Religious States In U.S.

In a poll released on Wednesday, Gallup ranked the "top 10 most religious states" and the "top 10 least religious states." The rankings are based on a 2008 survey of 350,000 individuals who were asked: "Is religion an important part of your daily life?" Mississippi, Alabama, South Carolina, Tennessee, Louisiana, and Arkansas ranked as most religious. Vermont, New Hampshire, Maine, and Massachusetts are are ranked as least religious in the country. Nationwide, 65% of respondents said that religion is important in their daily lives. [Thanks to Joel Katz for the lead.]

Pope Says Church Tribunals Are Too Lenient In Annulments

CNS reports that in a speech yesterday to the Roman Rota, Pope Benedict XVI criticized the increasing leniency with which annulments are granted by Church tribunals. The Rota mainly handles appeals in annulment cases. Pope Benedict argued that tribunals are too ready to grant annulments on the ground of "immaturity or psychic weakness." He said that granting an annulment because a spouse lacked the psychological capacity to assume the obligations of marriage requires a tribunal to document that the spouse suffered from a serious psychological or psychiatric problem at the time of the wedding ceremony.

Group Says Proposal on Columbaria Violates Establishment Clause

Americans United announced Wednesday that it has written to the Berkeley, California City Council to object to a pending ordinance relating to storage of cremated human remains. (Full text of letter.) Currently Berkeley totally prohibits graveyards within the city limits. A proposal from the city's Planning Commission would allow religious groups with dedicated meeting space to use part of that space to store urns containing cremated human remains. AU says that by limiting the ability of secular groups to similarly create columbaria, the proposed ordinance would violate the Establishment Clause.

Italian City Bus Will Carry Toned-Down Atheist Ad

After earlier this month rejecting an advertising campaign that an atheist group wished to run on Genoa, Italy buses (see prior posting), an advertising agency has now approved a toned-down display. ANSA reported yesterday that the new ad will read: "The Good News Is There Are Millions of Atheists In Italy; The Excellent News Is They Believe In Freedom Of Expression." The ad will be carried on the outside of one Genoa bus for about two weeks in February. [Thanks to Scott Mange for the lead.]

Grand Jury Could Charge Mail or Wire Fraud In L.A. Clergy Sex Abuse Cover-Up

The Los Angeles Times reported today that the U.S. Attorney's Office in Los Angeles has begun a grand jury investigation into the responses by Cardinal Roger M. Mahony, and possibly other top Catholic Church officials, to reports of sexual abuse by priests. In an innovative use of the federal mail and wire fraud statutes, the government is apparently attempting to show that in failing to remove accused priests and notify authorities of charges against them, Mahony deprived parishioners of "the intangible right of honest services." 18 USC Sec. 1346 defines such deprivations as fraudulent under the mail and wire fraud provisions. This provision has been used, for example, to charge public officials who have taken kickbacks, but it apparently has never before been used against clergy. Meanwhile Mahony's attorney says that the Cardinal is not a target of the grand jury investigation.

Obama's Choice For White House Faith-Based Office Reported

The New York Times reported yesterday that Barack Obama intends to appoint Joshua DuBois as head of his Council for Faith-Based and Neighborhood Partnerships. CFBNP is the successor to the Bush administration's Office of Faith-Based and Community Initiatives. CFBNP will not only oversee grants to faith-based and community groups, but will also seek other ways to involve them is solving social problems. DuBois is a 26-year old Pentecostal pastor who handled religious outreach for the Obama campaign. Last summer, the Wall Street Journal profiled DuBois. (See prior related posting.)

Insurgents Declare Islamic Law In Somalian City

BBC News reported Tuesday that in Somalia, Al-Shabab militants have declared Sharia (Islamic) law in Baidoa a day after they seized control of the city. Baidoa has been the seat of Somalia's Transitional Federal Government. The Islamist advance came as Ethiopian troops pulled out, two years after intervening to stop the Islamist militants. Sheikh Muktar Robow Mansoor told a rally in Baidoa on Tuesday: "We are informing Somalis we will not accept any man-made constitution. We will not accept it. We shall fight with anyone who opposes it." [Thanks to Institute on Religion & Public Policy for the lead.]

Pennsylvania Good News Club Flyer Case Settled

On Tuesday, Alliance Defense Fund announced the settlement of a lawsuit challenging a Pennsylvania school district's policies that have prevented the Good News Club from sending flyers home with students promoting after-school religious meetings. (See prior posting.) The Notice of Voluntary Dismissal in Child Evangelism Fellowship of Pennsylvania, Inc. v. School District of Haverford Township, Pennsylvania, (ED PA, Jan. 27, 2009), says: "As a result of ... settlement discussions ... Defendants have agreed to treat Plaintiffs on an equal basis with all other community groups." Defendants also will pay Plaintiffs' attorney's fees.

Views of New Russian Patriarch Explored

Media articles are beginning to report on the views of the newly-elected Russian Orthodox Church's Patriarch Kirill who will be formally installed Sunday. (See prior posting.) Voice of America points out that Kirill was formerly head of the Church's foreign relations department. Over the years he has defended the Church's relations with government, saying that the Church is separate from the state apparatus. However traditionally the Russian Foreign Ministry represents the interests of the Church abroad. US News & World Report says:

In Russia, Kirill is seen as a politically savvy figure who may seek a more muscular role for the church, which has served the state for much of its 1,000-year history.... Kirill will face opposition from a strong conservative movement within the church that sees him as too modern and too eager for a rapprochement with Catholics.

Saudis Arrest Blogger Who Is Christian Human Rights Advocate

Compass Direct News yesterday reported on the January 13 arrest in Saudi Arabia of blogger Hamoud Bin Saleh who had written extensively on his blog about Saudi violations of human rights and about his reasons for converting from Islam to Christianity. He has been arrested twice before by Saudi officials.

Stimulus Bill Includes Funds for Faith-Based Initiative

Among the many items in the proposed economic stimulus bill, HR 1, The American Recovery and Reinvestment Act of 2009, is a provision for funding of $100 million for grants to faith-based organization through the Compassion Capital Fund [at pg. 141 of bill]. Half of the amount would become available October 1, 2009. A proposed amendment by Rep. Susan Davis of California would increase the total appropriation to $500 million. According to the Department of Health and Human Services, the purpose of Compassion Capital Fund grants is "to expand and strengthen the role of faith-based and community organizations in their ability to provide social services to low-income communities."

California Court Holds Lutheran High School Not Covered By Unruh Act

In Doe v. California Lutheran High School Association, (Cal. App., Jan. 26, 2009), a California state appellate court held that a private religious high school is not a "business enterprise" and therefore is not subject to the Unruh Civil Rights Act. The case involves a sexual orientation discrimination claim brought by two students who were expelled from California Lutheran High School in Wildomar (CA) because of their homosexual relationship. The relationship violated the school's Christian Conduct rule. In concluding that the school is not covered by the state's anti-discrimination law, the court relied on an earlier California Supreme Court decision holding that the Boy Scouts is not a business enterprise covered by the statute. The court also rejected plaintiffs' right to privacy, false imprisonment and unfair business practices claims. Yesterday's Los Angeles Metropolitan News-Enterprise reported on the decision. (See prior related posting.)

11th Circuit Denies En Banc Review In Pledge Recital Case

On Monday, the U.S. 11th Circuit Court of Appeals, over one dissent, refused to grant en banc review in Frazier v. Alexandre, (11th Cir., Jan. 26, 2009). In the case, a 3-judge panel upheld the constitutionality of a Florida statute requiring schools to excuse a student from reciting the Pledge of Allegiance upon written request of the student's parent, regardless of the student's desires. The panel held that the legislature can act to enforce a parent's right to control the upbringing of his or her children. (See prior posting.) Dissenting from the refusal to reconsider the decision, Judge Barkette argued: "holding that the State of Florida can compel students to recite the Pledge of Allegiance in violation of their personal beliefs directly contravenes precedent that has been firmly entrenched for over 65 years ... [T]he State ... lacks the capacity to delegate to parents the power to compel this speech." Yesterday's Fulton County (GA) Daily Report discusses the court's denial of review.

Orthodox Jewish Group's Public Policy Staffer Has Obama Connections

A JTA article yesterday profiles Nathan Diament, Director of the Institute for Public Affairs of the Union of Orthodox Jewish Congregations of America, and Diament's connections to President Barack Obama. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. During the Presidential campaign, Diament advised all the candidates, including Obama, on outreach to the Jewish community. A supporter of Presisdent Bush's faith-based initiative and frequent visitor to the Bush White House, Diament seems equally welcome by the Obama administration. He was one of a small number to attend Obama's private prayer service at St. John's Episcopal Church the morning of Inauguration Day.

Good News Club Sues Georgia School District For Equal Access

Liberty Counsel announced yesterday that it has filed a lawsuit on behalf of the Good News Clubs against the Cobb County, Georgia School District. The lawsuit charges that the school district has engaged in illegal viewpoint discrimination by imposing higher fees for the organization to use school facilities after school than is charged to secular groups. The lawsuit also claims discrimination in access times. Secular groups are permitted to meet immediately after school, while the Good News Club cannot meet until 5:45 p.m. This significantly reduces student attendance.

Rubashkin Released On Bail

Yesterday's Des Moines (IA) Register reports that federal Chief District Judge Linda Reade has ruled that Agriprocessors Inc. meatpacking executive Sholom Rubashkin may be released on $500,000 bail. She held that reasonable precautions are available to assure that Rubashkin will appear for trial in September. Prosecutors have until Thursday to decide whether to appeal the ruling. In an earlier controversial decision, a federal magistrate judge had denied bail, in part alluding to the risk that Rubashkin would flee to Israel under the Law of Return. That decision led to protests by those who read it as suggesting that all Jews are greater flight risks. (See prior posting). Rubashkin is charged with bank fraud and harboring illegal workers. [Thanks to Jack Levey for the lead.]

Indonesian Clerics Issue Rulings On Elections

In Indonesia last weekend, the Indonesian Council of Ulema issued two controversial fatwas on political participation. The first was aimed at reversing low voter turnout in previous elections, according to an article in the Jakarta Globe. It held that it violates Islamic law for Muslims to abstain from voting in political elections-- so long as there is a qualified Muslim candidate for whom they can cast their ballot. The ruling went on to state that Muslims may not vote for non-Muslim candidates. The second ruling, reported yesterday by AKI, said that only a Muslim can be President of Indonesia. A Presidential election in Indonesia is scheduled for July. All the candidates are Muslims. Indonesia's constitution, however, does not restrict the presidency to members of any particular religious group. Fatwas have no binding legal force in Indonesia, but they are influential for religious Muslims.

Today Is UN's Holocaust Commemoration; Jewish Leaders Had Threatened Walk-Out [Updated]

Today is the date that the United Nations has designated as International Day of Commemoration in memory of the victims of the Holocaust. A number of events are scheduled by the U.N. around the commemoration. (UN press release.) A U.N. ceremony in New York this morning had originally been scheduled to include remarks by U.N. General Assembly President Miguel d'Escoto Brockmann. d'Escoto is a Nicaraguan politician and Catholic priest who has been known in the past for making sharp attacks on the state of Israel. Today's Haaretz reported that several Jewish groups in the U.S. tried unsuccessfully to exclude d'Escoto from speaking at the ceremony today. American Jewish leaders planned to stage a walk out from the ceremony this morning if d'Escoto used the podium to again attack Israel. Haaretz in the updated version of its article reports that d'Escoto ultimately decided not to attend and instead sent remarks decrying all genocides, delivered via the Rwandan envoy.

Court Refuses Preliminary Injunction In Shoshone's Bid To Stop Gold Mine

AP reports that yesterday a Nevada federal district court judge refused to issue a preliminary injunction to prevent Barrick Gold Corp. from beginning to dig a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. Apparently delivering his opinion in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior (D NV, Docket No. 3:08-cv-00616-LRH-RAM) orally from the bench, Judge Larry Hicks said that at least so far plaintiffs had not shown a violation of the Western Shoshone's religious freedom or violation of federal environmental laws. He said in part: "The effect of the proposed mining project is on the plaintiffs' subjective, emotional experience. It is offensive to their sensibilities and in the mind of some will desecrate a sacred mountain. Nevertheless, the diminishment of that spirituality — as serious as it may be — under the Supreme Court's holdings, it is not a substantial burden on religious freedom." (See prior related posting.)

Elections Conflict With Pilgrimage For Iraqi Shi'ites

Reuters reports today on the choice bwetween voting and religious observance facing many Shi'ite Muslims in southern Iraq. Elections for local provincial councils will be held on January 31. This is in the midst of the traditional pilgrimage to the holy city of Kerbala that marks Arbain, or 40 days of mourning for the Prophet Mohammad's grandson Imam Hussein. The pilgrimage culminates in mid-February. Pilgrims who come from Basra and beyond walk for 250 miles. Some have decided to return home to vote without completing a full pilgrimage. Grand Ayatollah Ali al-Sistani says that Iraqis should wait and vote before starting out on the pilgrimage.

Election Under Way For New Russian Orthodox Patriarch

Voice of America reported yesterday on the selection process that is underway for a new Patriarch for the Russian Orthodox Church after the death in December of Patriarch Alexei II. (See prior posting.) On Sunday, Church leaders selected three candidates. Now a second round of voting to select one of these finalists takes place in which clergy and various laypersons will participate. It is expected that this round will be completed by Thursday. The leading candidate is Interim Patriarch (and Metropolitan of Smolensk and Kaliningrad) Kirill, a modernizer who has been a key figure in bringing together the Russian Orthodox Church with Orthodox churches outside the borders of Russia. (See prior related posting.) One-third of the ballots in the second round have been allocated to bishops and laypersons in Ukraine.

UPDATE: AFP reported on Tuesday that, as expected, in the second round of voting, Metropolitan Kirill has been elected the new Orthodox Patriarch. He received 508 of the nearly 700 votes cast in a secret ballot. One of the two other finalists dropped out just before balloting began.

Proposed Nigerian Law Would Criminalize Clergy Performing Same-Sex Marriages

A press release yesterday from Amnesty International on behalf of several human rights groups expresses strong opposition to proposed legislation in Nigeria that would impose criminal penalties-- up to 3 years in prison-- on same-sex couples who marry. Existing Nigerian law already imposes up to 14 years in prison for consensual same-sex sexual activity. The proposed Same Gender Marriage (Prohibition) Bill 2008 would also impose a fine of US$14 and up to five years in prison on any person who "witnesses, abet and aids the solemnization of a same gender marriage." This would threaten with criminal sanctions a member of the clergy who conducts a same-sex marriage ceremony in Nigeria. Amnesty says this violates the International Covenant on Civil and Political Rights which Nigeria has signed. The bill would additionally impose a fine of up to US$340 on anyone who witnesses or aids and abets a same-sex marriage. This provision is apparently aimed at LGBT organizations and events.

Suit Challenging Yuba Community College's Speech Rules Settled

Alliance Defense Fund yesterday announced a the filing of a consent order (full text) in Dozier v. Members of the Board of Governors, Yuba College District, (ED CA, Jan. 26, 2009). In the case, a college student challenged campus rules and permit requirements that limited his ability to preach and hand out gospel tracts in outdoor areas of the campus of California's Yuba Community College. (See prior posting.) Under the settlement, the college has implemented revised procedures and has agreed not to enforce prior rules that limited free speech activities on campus to specific days and hours, designated the campus as a nonpublic forum, and required a permit and registration of materials prior to distribution. The school also eliminated its former harassment policy.

Taliban Enforce Rigid Islamic Law In Pakistan's Swat Valley

A column in yesterday's Middle East Times criticizes recent moves by Taliban to enforce rigid Wahhabi Islamic rule in Pakistan's Swat Valley. Apparently the power of the Pakistani government now extends only to a small area of Swat, while the Taliban has created its own administration, judicial system and charitable fund in most of the area. The Taliban prevent girls from attending school, warn barbers against shaving beards and burn schools and video shops. The Swat Valley's once vital tourist industry is declining, with many hotels and restaurants now closed. Over 200 people have been killed by the Taliban, and some two-thirds of Swat's population has migrated to other areas of the country. Sunday's New York Times also carried a long article exploring the Taliban's control of Swat, maintained in large part through use of radio to intimidate the populace.

Irish Government Negotiating With Catholic Church Over Sex Abuse Reporting

Ireland's Independent reports today that the government is in talks with the country's Catholic bishops to create a legal framework that will permit the country's Health Service Executive to learn the full extent of child sexual abuse by priests. A government commission is already investigating the extent of abuse in the diocese of Dublin, and earlier this month a full inquiry was ordered into the situation in the diocese of Cloyne (in Cork). The government wants bishops to report even unsubstantiated rumors and "soft information" about clergy child sexual abuse. Negotiations between the government and the Church turn on how to protect the Church from defamation actions by wrongly accused priests if this is done.

New Chair of US Helsinki Commission Appointed; OSCE Envoy Criticizes Kyrgyz Religion Law

U.S. Senator Benjamin L. Cardin (D-MD) has been appointed Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) for the next two years. Cardin has been a member of the Commission since 1993. A press release from Sen. Cardin's office expresses appreciation to Majority Leader Harry Reid for selecting him. It is expected that outgoing Chairman of the Helsinki Commission, Congressman Alcee L. Hastings (D-FL), will be appointed Commission Co-Chairman for 2009-11 by House Speaker Nancy Pelosi. The Helsinki Commission is charged with monitoring compliance by OSCE members with the Helsinki Final Act that commits its 56 signatories to respect human rights, democracy and the rule of law. A portion of that document protects freedom of conscience and religion in the signatory states.

Meanwhile, last Thursday Kyle Scott, charge d'affairs at the U.S. mission to the OSCE, issued statements from the new Obama administration on human rights issues in five countries of the former Soviet Union. According to America.gov, one of the statements criticized the new Kyrgyzstan Religion Law, saying: "the law as promulgated could result in diminished religious freedom and tolerance in the Kyrgyz Republic...." (See prior related posting.)

Recent Articles of Interest and New Book

From SSRN:

• Thom Brooks, The Problem with Polygamy , (January 22, 2009).


• Christopher Serkin & Nelson Tebbe, Condemning Religion: The Political Economy of RLUIPA, (Brooklyn Law School, Legal Studies Paper No. 127, Jan. 16, 2009).


• Daniel R. Suhr, Lessons for Law School Deans Regarding Catholics in Political Life, (December 31, 2008).

New Book:

• Douglas A. Hicks, With God on All Sides: Leadership in a Devout and Diverse America, (Oxford Univ. Press, Jan. 2009).

New Bolivian Constitution Approved By Voters; Catholicism Disestablished

According to the New York Times, by a 56.8% majority yesterday voters in Bolivia approved the country's new Constitution. Unlike the old Constitution that gave special recognition to the Roman Catholic Church, Catholicism is not specifically mentioned in the new document. AP says that the new Constitution honors both the Christian God and the Andean earth deity, Pachamama who continues to be worshipped by many Bolivian Catholics. (BBC News Background). The new Constitution also guarantees freedom of religion and separation of church and state. (See prior related posting.)

5 Christians Charged With Blasphemy Are Released By Pakistan Court

Bos News Life reported yesterday that the release of five Christians charged with insulting Islam has been negotiated in Pakistan. Under the arrangement, a Punjab court ordered the five released, and Islamic clergy will issue a fatwa declaring them innocent of blasphemy. The charges against the five grew out of communal violence that was triggered after an argument between a 12-year old Christian boy and a Muslim acquaintance. Their argument resulted in a sticker containing the name of Allah ending up on the ground. Meanwhile Pakistan's Federal Minister for Minorities, Shahbaz Bhatti, says he favors repeal of Pakistan's blasphemy laws.

Pope Revokes 4 Excommunications-- Including A Holocaust Denier

In a controversial move yesterday, Pope Benedict XVI revoked the 1988 excommunication of four right-wing bishops who had been appointed to their positions in consecrations that were not approved by the Vatican. Today's New York Times reports on the move that attempts to normalize the Vatican's relationship with the Society of St. Pius X. The Society was founded in 1970 by French archbishop Marcel Lefebvre as a protest against the modernizing reforms of Vatican II.

Most controversial of the four reinstated clergy is Richard Williamson who has denied the Holocaust and has charged that the U.S. government staged the 9-11 attacks as a pretext to invade Afghanistan. In an interview last year, Williamson said that "historical evidence" disputes the conclusion that millions of Jews were "deliberately gassed in gas chambers as a deliberate policy of Adolf Hitler." The London Telegraph quotes a Williamson interview given this week in which he said: "I believe there were no gas chambers ... I think that 200,000 to 300,000 Jews perished in Nazi concentration camps but none of them by gas chambers." Catholic-Jewish relations, as well as Vatican discussions with Israel over a planned Papal visit, are likely to be complicated by the Pope's move.

UPDATE: Monday's National Catholic Reporter carries an article titled: Lefebvre movement: long, troubled history with Judaism which says: "The historical association between some strains of traditionalist Catholicism and anti-Semitism run deep, intertwined with royalist reaction to the French Revolution in the 18th century and, later, the Boulanger and Dreyfus Affairs in France (1886-1889 and 1894-1899)."

UPDATE2: According to Tuesday's New York Times, Bishop Bernard Fellay, director of the St. Pius X Society, wrote the Pope on Tuesday rejecting Williamson’s statements, saying they "do not reflect the position of the society." He expressed regret over the problems that the statements had caused.

UPDATE3: Bloomberg reports that on Thursday, another Catholic priest, this time from the northern Italian town of Treviso, entered the arena of Holocaust denial. He told a local newspaper: "I know that gas chambers existed to disinfect. But I can’t tell you if they killed anyone or not." [Thanks to PewSitter for the lead.] UPDATE: Haaretz reported on Feb. 7 that this Italian priest has been expelled from the Italian branch of the Society of St. Pius X.

Good Friday Time Off At Wisconsin Tech Colleges Challenged

The Freedom From Religion Foundation charges that Wisconsin's Moraine Park Technical College (MPTC)-- and all but one of the other state technical colleges-- is violating a 1996 court order that found a state law mandating public facilities observe Good Friday to be unconstitutional. Today's Fond du Lac (WI) Reporter says that MPTC is traditionally closed on Good Friday and its collective bargaining agreement lists Good Friday as a holiday. School officials say they were unaware of the court decision until FFRF filed a complaint with them. MPTC Vice President of Human Resources Kathy Broske said that the holiday was bargained for with unions for a secular purpose, but that the school would confer with legal counsel and would change their policy if they are not in compliance with law. Officials at two other technical colleges also say they will take steps to comply with the law now that they know of the 1996 ruling.

Vatican Launches Its Own YouTube Channel

UPI reports that the Vatican has launched its own YouTube channel. Pope Benedict XVI announced the new channel on Friday, which was World Communications Day. The channel will carry film clips of the Pope's speeches and activities. The clips will be in Italian, with translations into English, German and Spanish.

Sri Lanka Commission Urges Steps To Prevent Unethical Conversions of Buddhists

In Sri Lanka, the Commission on Unethical Conversions, headed by former High Court judge Kalubowilage Sarath Gunatilake and comprised of a number of former government officials, has released a report recommending several steps to protect against unethical conversions of Buddhists to other faiths. The Colombo (Sri Lanka) Sunday Times says in tomorrow's edition that the Report recommends newly registered religious or missionary institutes be required to furnish an affidavit promising to engage in religious work only among their already established followers. It also calls for approval by a District Secretary for the construction or expansion of any place of worship.

The Report urges the government to investigate religious groups that arrived in Sri Lanka after 1972, and ban any found to be harmful. The Finance Ministry should monitor non-governmental organizations to prevent them from carrying out unethical conversions. The Report calls for the All Ceylon Buddhist Congress to create a center where members of the public can file complaints about unethical conversion attempts, unauthorized construction of places of worship, fundamentalist "praying centres" and other attempts to tarnish the image of Buddhist clergy.

State Lawsuit Challenges Ban on Sacramental Cannabis

Today's Lewiston, Maine Sun Journal reports on a lawsuit filed in in Oxford County (ME) Superior Court last week by Norman Hutchinson who claims that his free exercise rights are violated by prohibiting him from using cannabis. Hutchinson is a member of the Religion of Jesus Church whose 12 tenets mandate the use of the substance. In 2004, Hutchinson was indicted for cultivating cannabis and plead guilty in a plea bargain the next year. His suit against the state of Maine, the Maine Drug Enforcement Agency and the Mexico (ME) Police Department charges violation of his free exercise rights. It also asserts claims for false imprisonment, trespass, invasion of privacy and negligent and intentional infliction of emotional distress.

Obama Expands Availability of Foreign Aid Grants For Family Planning

In a move that was widely expected, President Barack Obama has increased the availability of federal funding for voluntary family planning programs in foreign countries by reversing a Bush administration policy. A Presidential Memorandum issued Friday (full text) explained that the Foreign Assistance Act contains a narrow ban on nongovernmental organizations using federal grant funds to encourage or coerce abortions or to pay for abortion as a method of family planning. The Reagan and Bush administrations had, through the "Mexico City Policy", expanded this to deny USAID (and subsequently also State Department) funds to any private group that used money, even from private sources, for abortion counseling or to lobby a foreign government to make abortion available. Obama's action rescinds the Mexico City Policy.

In a Statement (full text) explaining the policy change, President Obama said:

For too long, international family planning assistance has been used as a political wedge issue, the subject of a back and forth debate that has served only to divide us. I have no desire to continue this stale and fruitless debate. It is time that we end the politicization of this issue.

Several Catholic groups issued statements criticizing the President's action. The U.S. Conference of Catholic Bishops called the move "very disappointing." Archbishop Rino Fisichella, president of the Pontifical Academy for Life, called the action arrogant. (AFP). Perhaps the strongest criticism came from Bill Donohue, president of the Catholic League for Religious and Civil Rights, who said: "Here we have a black president taking money from the taxpayers in a time of economic crisis and giving it to organizations —many of which are anti-Catholic— so they can spend it on killing non-white babies in Third World nations."

Meanwhile, a statement from the Religious Action Center of Reform Judaism welcomed Obama's decision, saying: "In a world where poor reproductive health remains the leading cause of death for women, and complications from unsafe abortion result in approximately 67,000 deaths and at least 5 million serious injuries annually, today marks an important step forward."

University of Florida Changes Rules On Recognizing Student Religious Groups

In a press release yesterday, Liberty Counsel reported that the University of Florida has changed its policy on the recognition of student religious groups. The University has added the following language to its rules:

A student organization whose primary purpose is religious will not be denied registration as a Registered Student Organization on the ground that it limits membership or leadership positions to students who share the religious beliefs of the organization. The University has determined that this accommodation of religious belief does not violate its nondiscrimination policy.

In connection with the rule change, the University has invited Gator Christian Life to return to its former status as a registered student organization. The University's Student Union announced the rule change on its website.

EEOC Lawsuit On Behalf of Sikh Is Settled

A press release from United Sikhs reports that a religious discrimination lawsuit brought by the EEOC on behalf of Sukhdev Singh Brar was settled earlier this week. Brar was denied employment with Texas based Champion National Security because of his religiously-mandated long hair and turban. (See prior posting.) The security firm agreed to pay Brar $24,000 in damages. The company will also post non-discrimination notices on employee bulletin boards and will provide employees with Sikh awareness training.

Court Rejects Challenge By Hasidic Jews To NY Housing Authority Rules

In Ungar v. New York City Housing Authority, 2009 U.S. Dist. LEXIS 3578 (SD NY, Jan. 14, 2009), a New York federal district court rejected challenges by a group of Hasidic Jews to the of the New York City Housing Authority's Tenant Selection Assignment Plan as it operates to allocate access to public housing units in the Williamsburg section of Brooklyn. Plaintiffs, particularly concerned about access to apartments to accommodate large families, claim that they have religious needs to live near various religious facilities and other members of their religious community in Williamsburg.

The court rejected plaintiffs' argument that receipt of federal funding made the federal Religious Freedom Restoration Act applicable to the city housing agency. It also rejected plaintiffs' federal Fair Housing Act claim that the failure to provide applicants for public housing with the option to designate three Williamsburg projects has a disparate impact on the Hasidic community. Finally the court rejected plaintiffs' free exercise claim, holding that "the Authority's admission and transfer policies do not bar any particular religious practice or interfere in any way with the free exercise of religion by singling out a particular religion or imposing any disabilities on the basis of religion."

Court Upholds Native American School Child's Hair Length Claim

In A.A. v. Needville Independent School District, (SD TX, Jan. 20, 2009), a Texas federal district court granted a permanent injunction preventing Needville (TX) Elementary School officials from enforcing the school district's hair style policy against a 5-year old whose family taught him to wear his hair in two long braids in the tradition of Native American religions. The school board was only willing to accommodate the request by allowing the boy to wear his hair in a single braid, tucked into the back of his shirt.

The court first determined that plaintiffs have sincerely held religious beliefs that their hair should be worn long and concluded that the school's policy significantly burdens those beliefs. However the court upheld the school's requirement that a new application for exemption from the hair style policy be filed each year. Finding that the exemption policy is not a neutral rule of general applicability, the court subjected it to strict scrutiny. It concluded that the policy violated plaintiff's free exercise, free expression and due process rights as well as the Texas Religious Freedom Act. Yesterday's Houston Chronicle reports on the decision. (See prior related posting.) [Thanks to Eric Rassbach and Matthew Caplan for the lead.]

Orthodox Rabbi Criticized For Participating In National Prayer Service

One of the participants in Wednesday's National Prayer Service at the National Cathedral was Orthodox Rabbi Haskel Lookstein of New York's Congregation Kehilath Jeshurun. JTA reports that the Rabbinical Council of America (RCA), the main Modern Orthodox rabbinical association, says that Lookstein violated its rules by his participation. RCA takes the position that Orthodox Jewish law both prohibits Jews from entering a church sanctuary and precludes participation in interfaith prayer. Lookstein said that after consultation with halachic (Jewish law) experts, he decided that attendance would be appropriate to honor the President, particularly because representatives of other branches of Judaism were participating. Lookstein said that when he met Obama at the service, he thanked him for his support of Israel and, with Obama's consent, recited a traditional blessing said when one sees a king or national ruler.

Amish Man Held In Contempt Over Sewage Regulations

Yesterday's Johnstown (PA) Tribune-Democrat reported that a Cambria County, Pennsylvania judge has held a member of the conservative Swartzentruber Amish sect in contempt. Andy Swartzentruber has refused on religious grounds to bring outhouses at an Amish school into compliance with municipal sewage rules. Swartzentruber must pay a $500 fine and bring the outhouses into compliance within six months. If he does not, he faces additional fines and up to six months in jail. The school could also be closed down by authorities. (See prior related posting.)

March for Life Held Yesterday; Obama Supports Choice

Yesterday tens of thousands of anti-abortion proponents took part in the annual March for Life on the National Mall in Washington, DC. The event was held on the 36th anniversary of the Supreme Court's decision in Roe v. Wade. Catholic News Service reports that an all-night vigil was launched with a mass at the Basilica of the National Shrine of the Immaculate Conception. Yesterday, according to CBS News, President Obama released a statement strongly supporting abortion rights which read in part: "Roe v. Wade ... not only protects women's health and reproductive freedom, but stands for a broader principle: that government should not intrude on our most private family matters...."

Court Orders Russian Government To Protect Religious Documents

Last year, The Orthodox Jewish Chabad-Lubavitch movement sued Russia to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) The case is still being litigated, but it appears that about a dozen pages of rare religious manuscripts from the collection under the control of the Russian State Military Archives have turned up in Israel. So in December, plaintiffs filed a motion charging the Russian Federation with not properly guarding the material. Both the New York Times and an article at Chabad.org yesterday report that D.C. federal district judge Royce Lamberth issued a restraining order requiring Russia to protect the documents and return any that have already have been removed from the Russian State Military Archives. However the court refused to order Russia to permit a Chabad delegation into the country to check on how the collection was being preserved. The judge said he did not think he had authority to order Russia to accept foreigners into the country.

Meanwhile, American Lawyer reported yesterday that the law firm of Squire, Sanders & Dempsey which represents the Russian government has filed a motion seeking to withdraw its representation in the case, saying there has been a breakdown in communication with their client, and that their bills to the client have not been paid. The Chabad.org report says that the court ordered the attorneys to remain on the case, but warned a default judgment could be issued if the representation question is not resolved.

Planned Defenses In Canadian Polygamy Case Disclosed

As previously reported, Canadian authorities in British Columbia have brought polygamy charges against two rival religious leaders in the town of Bountiful, home to polygamous religious communities, including the FLDS. Yesterday an AFP story outlined the defenses that attorneys say they will raise in the high-profile case. Blair Suffredine, lawyer for defendant Winston Blackmore, says he will argue that polygamy is protected under Canada's constitutional guarantee of freedom of religion, even though the Canadian Charter of Rights and Freedoms permits "reasonable limitations" on protected rights. He argues that if a man lived with ten women he did not marry, there would be no crime, and that there is not a societal interest in punishing so-called "celestial marriage" to multiple wives. He also says he will argue that since same-sex marriage is legal in Canada, polygamy should also be treated in the same way.

Texas State Board Begins Hearings on Science Curriculum Standards

On Wednesday, according to the New York Times, the Texas State Board of Education began contentious hearings on revising of the state's science curriculum standards. (See prior posting.) At issue is whether the Board will accept a panel recommendation to drop language calling for students to analyze the "strength and weaknesses" of scientific theories and to replace it with language that is seen by scientists as less likely to undercut the teaching of evolution. The new language calls on students to "analyze and evaluate scientific explanations using empirical evidence." Proponents of the new language say that the "strengths and weaknesses" formulation is used to justify exposing students to religious theories masquerading as science. Tony's curricublog has audio files of the hearings. [Thanks to Scott Mange for the lead.]

UPDATE: In a vote on Thursday, the State Board tentatively voted 8-7 in favor of the new language that would drop the reference to "strengths and weaknesses." (San Antonio Express-News; Houston Chronicle).

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.