Student Christian Groups Lose Challenge To University Non-Discrimination Rules

In Every Nation Campus Ministries v. Achtenberg, (SD CA, Feb. 6, 2008), a California federal district court upheld the application of the California State University’s non-discrimination policy to four Christian groups at two universities. At San Diego State University and California State University Long Beach, officials refused official recognition to the four student groups because they refused to admit non-Christians as members. They also denied membership to "individuals who believe they are innately homosexual, or advocate the viewpoint that homosexuality is a natural part of God's created order." Relying on the 9th Circuit’s 2008 decision in Truth v. Kent School District (see prior posting), the court concluded that the schools may apply their policy against discrimination on the basis of race, religion, national origin, ethnicity, color, age, gender, marital status, citizenship, sexual orientation, or disability to these student groups. It concluded:

the CSU student organization program is a limited public forum to which the state may restrict access as long as the restrictions are reasonable and viewpoint-neutral in light of the purpose served by the forum, which they are. The Court further finds the First Amendment burdens imposed by the policy are viewpoint-neutral and uniformly applied to all clubs irrespective of their particular viewpoints. Accordingly, Plaintiffs' free association, free speech, and free exercise rights are not impermissibly infringed by the policy, nor is there any evidence that Plaintiffs have been treated inequitably in their exclusion from the forum due to their discriminatory membership criteria.

In the course of its decision, the court said that it was leaving open the question of whether the restrictions imposed by these groups amount to discrimination on the basis of sexual orientation, since some homosexuals could become members under the groups’ criteria. Today's San Diego Union Tribune, reporting on the decision, says an appeal in the case is likely.

Breakaway Church Keeps Property In Largely Evidentiary Ruling

In Hudson Presbyterian Church v. Eastminster Presbytery, (OH App., Feb. 4, 2009), an Ohio appellate court upheld a state trial court’s decision that a break-away Presbyterian congregation retained title to its property. The Presbyterian Church USA claimed that under the PCUSA constitution (Book of Order, Sec. G-8.0201), congregational property is held in trust for the parent church body. Rejecting a claim that the dispute was ecclesiastical in nature, and thus outside of the court’s jurisdiction, the court held that defendant had failed to prove that an express trust over the congregation’s property had been created. It found that no admissible evidence of the Presbyterian Church USA's constitution had been introduced, and that defendant had not preserved for appeal the issue of whether a charitable trust had been created. The Layman Online discusses the opinion further.

Federal Statute On Tolling Of Limitations For Military Raised In Clergy Abuse Case

In 2002, the California legislature created a one-year window in which clergy sexual abuse claims could be asserted, even though the statute of limitations had previously run on them. (See prior posting.) LA City Beat this week reports on a case in which a plaintiff, who was abused as a 16-year old Catholic high schooler, has brought suit asserting that he may still file because the federal Servicepersons’ Civil Relief Act tolls the expiration of the one-year window. Plaintiff enlisted in the Air Force in 1993 at age 22, and has since been serving on active duty, including in Iraq. The Act provides that the time a person is serving on active duty in the military may not be included in computing any limitation period for filing any civil action. The Los Angeles archdiocese is claiming that the Civil Relief Act should not be read to apply to a person, like plaintiff, who volunteered for military service instead of being drafted, or called up as a reservist or member of the National Guard. [Thanks to Pontifications for the lead.]

Amendment To Stimulus Bill Defeated; Ban on Constrution Aid for Religious Use Remains

As previously reported, both the House and Senate versions of the economic stimulus bill contain a provision authorizing grants to state higher education agencies for "Higher Education Facilities." However the bill imposes limitations 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..."

As reported by CNS News yesterday, a number of conservative Christian groups have attacked this provision as discriminatory, arguing that the language is so broad that it could prevent a state university from receiving renovation funds for a building if it permitted a group to hold a worship service in the building.

During debate on the stimulus bill yesterday, Sen. Jim DeMint proposed an amendment to eliminate this restriction on grants. (S. Amend. 189). The proposed amendment was defeated by a vote of 43 yes, 54 no, 2 not voting. After the vote, DeMint issued a release captioned "Democrats Vote to Discriminate Against Students of Faith." Blaming the ACLU, DeMint said that the provision remaining in the bill will "in effect bar use of campus buildings for groups like the Fellowship of Christian Athletes, Campus Crusade for Christ, Catholic Student Ministries, Hillel, and other religious organizations." This appears to be something of an overstatement. The bill would preclude grants to renovate buildings used primarily by such groups, but not for other campus buildings. The ACLU says there is nothing novel about this restriction. (Fox News.)

UN Reviews Saudi Arabia Human Rights Record Today

The United Nations Human Rights Council implements a Universal Periodic Review process that reviews the human rights record of each of the UN's 192 members once every four years. Today in Geneva, the Council will focus on the human rights record of Saudi Arabia. AFP reports that among the Council's numerous concerns are strict Islamic practices in Saudi Arabia that require a male guardian's permission for women to travel, work or marry. Critics also say that the country's sharia-based legal system has too few precedents and places too much discretion in the hands of religiously trained judges. Other human rights concerns have also been raised. Human Rights Watch reports that the Council will consider three separate reports: one from the Saudis, one from UN observers and one from non-governmental organizations. Saudi's Human Rights Commission will say that progress has been made, and will ask for patience as it deals with "inherited customs and traditions."

Georgia Good News Club Lawsuit Settled

Liberty Counsel announced yesterday that a Georgia federal district court has approved a settlement in a lawsuit filed last month against the Cobb County School District. The suit, filed on behalf of Child Evangelism Fellowship's Good News Clubs, alleged that the school district charged higher fees for CEF to use school facilities after school than is charged to secular groups. (See prior posting.) The court-approved consent decree provides for access to facilities in the future for CEF on the same fee basis as is granted to similar secular student organizations. It will, in addition, permit CEF to use facilities immediately after school, rather than only later in the afternoon. The settlement also provides that the school district will repay CEF the excessive fees it paid, and will pay attorney's fees and costs.

Britain's National Health Service Issues Guide On Religion In Health Care

A Press Association report yesterday focuses on guidelines issued last month by Britain's National Health Service titled Religion or Belief: A Practical Guide for the NHS. While the new publication focuses on many aspects of religion in the workplace and in providing health care services, a nurse who was temporarily suspended for offering to pray for a patient focuses concern on a section of the guidelines that bars proselytizing. That section says in part:

Members of some religions, including Mormons, Jehovah’s Witnesses, evangelical Christians and Muslims, are expected to preach and to try to convert other people. In a workplace environment this can cause many problems, as non-religious people and those from other religions or beliefs could feel harassed and intimidated by this behaviour.

Commenting on the issue, Dr Peter Saunders, general secretary of the Christian Medical Fellowship, said: "It is quite ironic that people seem to be seeing Christian belief as something unhelpful."

High School Sued Over Refusal To Recognize Student Bible Club

Yesterday a high school student in Lindenhurst, New York, filed a federal lawsuit against his high school challenging its refusal to give official recognition to a student Bible Club. The school claimed that recognition would violate the Establishment Clause. The complaint (full text) in A.Q. v. Board of Education of Lindenhurst Union Free School District, (ED NY, filed 2/5/2009), alleges that the school's insistence on treating the Bible Club as an outside community group violates the federal Equal Access Act, as well as students' speech, religion, equal protection and due process rights. Alliance Defense Fund yesterday issued a release announcing the filing of the lawsuit.

Property Adjudication In Lubavitch Feud is Upheld, But Injunction Reversed

Earlier this week, a New York appellate court handed down another decision in the long running legal battle between two factions of the Chabad Lubavitch movement. (See prior related posting.) In Merkos L'Inyonei Chinuch, Inc. v Sharf, (NY App. Div., Feb. 3, 2009), the appellate court upheld the trial court's decision that Congregation Lubavitch, Inc. (the Messianist faction of Chabad) had no ownership interest in two adjoining properties making up the headquarters and central synagogue of the Lubavitch movement. The court held that

the existence of a divisive doctrinal dispute within the Lubavitch community does not render this action nonjusticiable, even if the facts underlying the action arise from that dispute and ... the commencement of the action was motivated by that dispute. Property disputes between rival religious factions may be resolved by courts, despite the underlying doctrinal controversy, when it is possible to do so on the basis of neutral principles of law....

However the court did reverse the award of a permanent injunction against CLI, finding that plaintiffs failed to show a threatened or probable violation of their property rights. There was no evidence linking CLI to vandalism against a plaque on the building. [Thanks to Y.Y. Landa for the lead.]

Obama Sets Up Revamped Faith-Based Office; Delays Decisions On Religion-Based Hiring By Grantees

President Barack Obama today issued an Executive Order (full text) setting up the White House Office of Faith-Based and Neighborhood Partnerships as the successor to the Bush administration's Office of Faith Based and Community Initiatives. Several paragraphs were added to the section of the Bush Executive Order expanding the functions of the Office. Among the additions are "ensur[ing] that services paid for with Federal Government funds are provided in a manner consistent with fundamental constitutional commitments guaranteeing the equal protection of the laws and the free exercise of religion and prohibiting laws respecting an establishment of religion."

The Executive Order creates a new President's Advisory Council on Faith-Based and Neighborhood Partnerships made up of not more than 25 members. In a separate announcement, the President today named the first 15 members. They are a diverse group, including some individuals from secular social service agencies, as well as religious ones. A number of Protestant clergy, an academic (Melissa Rogers of Wake Forest University), and the president of Catholic Charities USA are among the Council members. As previously announced, the President also appointed Joshua DuBois as Director of the new office. (See prior posting.)

One provision in the Executive Order allows the White House to submit to the Attorney General constitutional and statutory questions on whether existing or prospective grants and practices are consistent with law. This reflects the President's decision not to issue a blanket regulation on whether recipients of faith-based funding can hire on religious grounds. Instead, as reported today by Politico, it will consider the issue on a case-by-case basis. According to US News, this is consistent with a report issued by the Brookings Institution last December (full text) that called for further study of the issue based on better data. (See prior related posting.)

Obama Gives Wide-Ranging Talk At National Prayer Breakfast

This morning, President Barack Obama attended the annual National Prayer Breakfast at the Washington Hilton hotel. (Washington Post.) The vice president, and various members of the Cabinet and of Congress also attended, as did representatives from around the world. The keynote address at the breakfast was delivered by former British Prime Minister Tony Blair. (USA Today.) President Obama gave a fascinating speech (full text), alluding to national and world problems facing his administration. He observed:

it strikes me that this is one of the rare occasions that still brings much of the world together in a moment of peace and goodwill. I raise this history because far too often, we have seen faith wielded as a tool to divide us from one another – as an excuse for prejudice and intolerance.

Previewing the Executive Order that he will sign later today creating the White House Office of Faith-Based and Neighborhood Partnerships, he said:

The goal of this office will not be to favor one religious group over another – or even religious groups over secular groups. It will simply be to work on behalf of those organizations that want to work on behalf of our communities, and to do so without blurring the line that our founders wisely drew between church and state.... We will also reach out to leaders and scholars around the world to foster a more productive and peaceful dialogue on faith.

Obama also spoke of his own religious upbringing and journey:

I was not raised in a particularly religious household. I had a father who was born a Muslim but became an atheist, grandparents who were non-practicing Methodists and Baptists, and a mother who was skeptical of organized religion, even as she was the kindest, most spiritual person I’ve ever known....

I didn’t become a Christian until many years later, when I moved to the South Side of Chicago after college. It happened not because of indoctrination or a sudden revelation, but because I spent month after month working with church folks who simply wanted to help neighbors who were down on their luck....

Oath Requirement In Oregon Tax Form Violates Free Exercise Rights

In Aslin v. Coos County Assessor, (OR Tax Ct., Jan. 13, 2009), a county tax assessor in Oregon refused to accept an unsigned personal property tax return from James Aslin. Aslin objected on religious grounds to the oath, included in the tax form, that required him to state "under penalties of false swearing" that the return is accurate. He submitted his return with the declaration crossed out and "I don't swear" written in the signature box. The Oregon Tax Court held that by rejecting Aslin's return without offering him an alternative method to confirm or declare the information in it was true, the assessor's office violated Aslin's free exercise rights under Art. I, Sec. 3 of the Oregon Constitution.

Muslim Charity May Get Access to Seized Documents

The Toledo Blade yesterday reported on an order issued Jan. 30 by an Ohio federal district judge ordering the government to produce copies of all the material seized in the 2006 searches of the headquarters of a Muslim charity and of its president's home. The search followed a freeze of the assets of KindHearts by the Treasury Department while the Office of Foreign Assets Control decides whether the group should be classified as a "Specially Designated Global Terrorist" organization. The freeze is still in effect. (See prior posting.)

The order is a first step toward giving KindHearts access to the documents, hard drives, videotapes and the like that up to now have been available only under severe restrictions. KindHearts' attorneys say that the organization needs access to the documents to defend against the charges that it funded the terrorist organization Hamas. Up to now, a magistrate's order gave KindHearts' lawyers access to a computer disk containing documents, but the attorneys were not permitted to print them out or share them with their clients. Under the court's new order, the government can still withhold specific documents where explicit justification is furnished.

Pope Says Holocaust Denying Bishop Must Recant

The Washington Post yesterday reported that Pope Benedict XVI's lifting of the excommunication of Lefebvrite bishop Richard Williamson (see prior posting) has generated a storm of protest from Benedict's home country, Germany. German Chancellor Angela Merkel said that the Pope's action welcoming Williamson back into the Church gives "the impression that Holocaust denial might be tolerated." Meanwhile, Zenit.org yesterday reported that the Pope did not know of Williamson's views when he acted. The Vatican released the full text of a note from Vatican Secretariat of State clarifying the Vatican's position. It says in part:

The viewpoints of Bishop Williamson on the Shoah are absolutely unacceptable and firmly rejected by the Holy Father, as he himself noted last Jan. 28, when, referring to that savage genocide, he reaffirmed his full and indisputable solidarity with our brother recipients of the First Covenant, and affirmed that the memory of that terrible genocide should induce "humanity to reflect on the unpredictable power of evil when it conquers the human heart," adding that the Shoah remains "for everyone a warning against forgetting, against negating or reductionism, because violence committed against even one human being is violence against all."

Bishop Williamson, to be admitted to episcopal functions in the Church, must also distance himself in an absolutely unmistakable and public way from his position on the Shoah, which was unknown to the Holy Father in the moment of the lifting of the excommunication.

OSCE Find Problems With Kazakhstan's Religion Law

On January 31, the OSCE Office for Democratic Institutions and Human Rights released a lengthy opinion (full text) on the proposed amendments to Kazakhstan's Religion Law. The amendments, passed by Kazakhstan's parliament last month, have been sent by the country's president to the country's Constitutional Council for review. (See prior posting.) The OSCE memo says that while Parliament met some of the concerns about the law, the law still does not meet Kazakhstan's OSCE commitments. The memo identifies eleven remaining areas of concern, ranging from problems in the provisions on registration of religions to overly-rigid parental consent provisions. Forum 18 yesterday posted a long report on the OSCE opinion.

Court Affirms IRS Has Misdelegated Church Summons Authority

In United States v. Living Word Christian Center, (D MN, Jan. 30, 2009), a Minnesota federal district judge adopted earlier recommendations made by a federal magistrate judge refusing to enforce an IRS summons for various church records. (See prior posting.) The court agreed that "an 'appropriate high-level Treasury official' has not made the necessary 'reasonable belief' determination required by Congress [in IRC Sec. 7611] before a church tax inquiry and examination of a church's records can occur." The IRS had delegated the determination to the Director of Exempt Organization Examinations. The government unsuccessfully argued that the court should defer to the IRS interpretation of the statutory requirement. At issue was an IRS summons seeking information about loans, lease of an aircraft and compensation paid by a Brooklyn Park (MN) megachurch to its pastor, Mac Hammond. Yesterday's Chronicle of Philanthropy reported on the decision.

Missouri Baptist Convention Loses Attempt To Regain Conference Center

In Executive Board of the Missouri Baptist Convention v. Windermere Baptist Conference Center, (MO App., Feb. 3, 2009), a Missouri appellate court rejected attempts by the Missouri Baptist Convention to regain control of the valuable Windermere Baptist Conference Center that broke away from the Convention (along with 4 other institutions) in a dispute over the fundamentalist stance of new MBC leaders. The court held that 2001 amendments to Windermere's articles of incorporation taking away MBC's power to elect Windermere trustees were validly adopted. MBC was not a member of Windermere and so, under the Missouri's non-profit corporation law, it was not entitled to vote on the amendments. The court also rejected MBC's contention that Windermere's charter should be rescinded and its property returned to MBC, as well as various other claims by MBC. ABP yesterday reported on the decision. (See prior related posting.)

Canadian Court's Order Against Falun Gong Focuses On Expressive Conduct

In Vancouver (City) v. Zhang, (B.C. Sup. Ct., Jan. 29, 2009), the Supreme Court of the Canadian province of British Columbia granted the city of Vancouver an injunction requiring Falun Gong protesters to remove a hut and billboard that they had constructed on a residential street in front of the Chinese Consulate. The protesters' vigil has been going on since 2001. The court held that the city could apply a ban on structures encroaching or obstructing free use of a street to the expressive conduct involved in the Falun Gong's protest. Its application does not violate the expression protections in Canada's Charter of Rights and Freedoms. The court said: "The protest vigil has expressive content. However, the method of the respondents' expression ... is incompatible with the fundamental purpose of the street and is therefore excluded from the protection of s. 2(b) of the Charter." The court emphasized that the city has not banned other forms of protest, such as carrying signs and posters or engaging in peaceful meditation. CBC News last week reported on the decision.

Court Issues Preliminary Injunction In Indiana Released Time Program

In H.S. v. Huntington County Community School Corporation, (ND IN, Feb. 3, 2009), an Indiana federal magistrate judge recommended that a preliminary injunction be granted in a challenge to a released time program at a Huntington, Indiana elementary school. Third and fourth graders are released for 30 minutes per week to participate in the "By the Book" program offered by local churches in mobile classroom trailers located on school property. The court concluded that a child who parent has elected not to have him participate in the program (and his parent) has standing to challenge the program. It went on to hold that religious instruction to elementary students on public school property during the school day in a church-owned mobile classroom likely violates the Establishment Clause. WANE-TV News yesterday reported on the decision. (See prior related posting.)

5th Circuit Hears Arguments In Texas Moment of Silence Case

Yesterday, the U.S. 5th Circuit Court of Appeals heard oral arguments in Croft v. Governor of Texas (recording of full arguments). The appeal grows out of a decision last year by a Texas federal district court rejecting an Establishment Clause challenge to the Texas law that requires public schools to observe a moment of silence each day during which students may "reflect, pray, meditate, or engage in any other silent activity...." According to yesterday's Dallas Morning News, oral arguments focused on why the legislature specifically referred to prayer in the statute.

Rabbinic Judges In Israel Sue To Challenge New Judicial Appointments

The Jerusalem Post reported last week on a lawsuit filed in Israel's High Court by a group of long-time Conversion Court judges. The lawsuit challenges the January 1 Cabinet approval of ten new rabbinic judges for the Conversion Court. Petitioners claim that one of the members of the special committee that selected the new judges, Civil Service Commissioner Shmuel Hollander, was misled into thinking that there was a shortage of judges on the court. In fact there is not enough work to go around. Conversion court judges are paid per court session and by the number of individuals they convert. (Background from Haaretz.) Petitioners also allege nepotism and other irregularities in the new appointments. [Thanks to Religion & State In Israel for the lead.]

Title VII Suit Against DC Transit Authority Settled

The Justice Department announced yesterday that it has entered a settlement agreement with the Washington Metropolitan Area Transit Authority in a Title VII religious discrimination case. The lawsuit was filed after WMATA refused a religious accommodation to permit Gloria Jones, who had preliminarily been hired as a bus driver, to wear a long skirt instead of pants. The settlement calls for WMATA to implement a religious accommodation policy and provide mandatory training on religious discrimination and accommodation for its supervisory employees. WMATA will also pay Jones $47,324 and will pay $2,500 each to two other individuals who were refused an accommodation to depart from the Authority's uniform policy. (See prior related posting.)

Court Details How To Measure Distance From Church For Liquor License

A Rhode Island statute (Sec. 3-7-19) prohibits granting a liquor license to any establishment located within 200 feet of any place of public worship. Block Island (RI) Times reported Monday that a state Superior Court judge has interpreted the statute to require examination of exactly where on a restaurant's property liquor will be served. Instead of looking at the boundary of the Water Street Cafe, the court has ordered state Department of Business Regulation to determine the exact location within the restaurant building of the cafe that will serve liquor, outside areas (such as picnic tables) where liquor may be consumed, and other areas used in connection with the sale and consumption of alcohol. This would include parking lots where liquor patrons park and entrance areas to the cafe. If any of these are within 200 feet of the property line of Harbor Baptist Church, no permit may be issued.

Senate Version of SCHIP Authorizes Grants To Faith-Based Groups

The White House has posted on its website for comment the Senate-approved version of the Children's Health Insurance Program Reauthorization Act of 2009 (SCHIP). It says that this version of the bill is expected to pass the House in the coming week. Section 201 of the bill provides for "grants to eligible entities ... to conduct outreach and enrollment efforts." The section goes on [at Sec. 2113 (f)(1)(F)] to define "eligible entities" as including "a faith-based organization or consortia, to the extent that a grant awarded to such an entity is consistent with the requirements of ... 42 U.S.C. 300x–65 relating to a grant award to nongovernmental entities."

Darwin Day Poster Placed In Key Cities

Darwin Day is Feb. 12. This year it marks the 200th anniversary of the birth of Charles Darwin, and the 150th anniversary of the release of his seminal book on evolution, Origin of Species. Freedom from Religion Foundation announced yesterday that to mark the occasion, it has placed billboards praising Darwin in Dayton, Tennessee and Dover, Pennsylvania. Dayton was the site of the 1925 Scopes Monkey Trial. Dover is the town where the school board's insistence on reading a disclaimer in science classes led to a 2005 federal court decision barring the teaching of intelligent design. (See prior posting.) Last month FFRF put up a similar billboard near the University of Wisconsin. (Press release.) FFRF is working to also put up the billboard in Whitehall, Ohio, where the mayor has called America a Christin nation, has left up a nativity scene at city hall and has opposed a Darwin Day resolution in city council. (See prior posting.)

Indian Court Rejects Constitutional Challenge To Appointment of Temple Manager

India's national newspaper, The Hindu, today reports on an interesting religious freedom decision handed down Monday by the Madras High Court . The Lord Nataraja Temple in the town of Chidambaram is an important religious pilgrimage site. The Temple is operated by some 300 families know as Podhu Dikshidars. After alleged mismanagement in accounting for funds and offerings by the Dikshidars, the Tamil Nadu state government in 1982 appointed an Executive Officer to take over management of the Temple and of the offerings made there. The Dikshidars sued claiming that the order violated their religious rights protected by India's Constitution.

In Sri Sabanayagar Temple,Chidambaram v. State of Tamil Nadu, (Madras High Ct., Feb. 2, 2009), the High Court first focused on Article 26 of the Constitution that protects the right of every "religious denomination" to maintain its own religious institutions and manage its own religious affairs. The court ruled that the Dikshidars were not a religious denomination, so any claim they had fell under Section 25 of the Constitution that protects "freedom of conscience and the right freely to profess, practise and propagate religion." The section goes on, however, to provide that this does not prevent the government from "regulating or restricting any economic, financial, political or other secular activity which may be associated with religious practice." The court ruled that management of the Temple and Temple offerings are not an integral part of religion or religious practice. Therefore they are not protected by Section 25.

UPDATE: The Feb. 6 Times of India reports that the Podhu Dikshidhars have filed an appeal of the High Court's decision, claiming that the court was wrong in concluding that funds had not been properly accounted for. The appeal also argues that any mismanagement charges should be adjudicated only by the Hindu Religious and Charitable Endowment commissioner, and that Temple administration should not be vested in someone not belonging to the Dikshidhars.

Church Loses RLUIPA Challenge To Denial of Use Permit

In Centro Familiar Cristiano Buenas Nuevas v. City of Yuma, (D AZ, Jan. 30, 2009), an Arizona federal district court rejected claims by a church that Yuma, Arizona's denial to it of a conditional use permit violated its rights under RLUIPA, the 1st and 14th Amendments, and the Arizona Religious Freedom Restoration Act. The church acquired property in Yuma's Old Town District and then sought permission to use it for religious practices. The city's Planning and Zoning Commission denied a permit, finding that this use was inconsistent with city plans to turn the area into a tourism, entertainment and retail corridor. The court concluded that this did not impose a substantial burden on the church's religious practice in violation of RLUIPA. Other properties that would meet the church's needs are available in Yuma. The court also held that the denial did not violate RLUIPA's equal terms provision even though some secular membership organizations were permitted to locate in the area without a special use permit. The distinctions were based on compatibility with the planned use of the area. Yesterday's Yuma Sun reported on the decision. (See prior related posting.)

Private Baccalaureate Plans Satisfy All Sides In Florida School District

Yesterday's NWF Daily News reported on the aftermath of a court decision preliminarily enjoining various religious activities-- including religious baccalaureate services-- that in the past have been sponsored by the Santa Rosa County (FL) School district. (See prior posting.) Rev. Joey Rogers has worked with Pace High School students to create a Baccalaureate Board that will enlist local churches to sponsor this year's baccalaureate ceremony. Pace High School teachers and administrators can attend, but cannot be involved in the planning, nor can they speak at the ceremony. The ceremony will be held May 29 at Pace Assembly Ministries. The ACLU, which brought the lawsuit challenging prior school practices, is pleased with the new plans. Meanwhile the ACLU and the school district are working to draft an agreed-upon permanent injunction.

Building on this experience, Rev. Rogers is beginning a nationwide grassroots campaign called "Got Your Bacc." A new website describes plans to enlist churches to sponsor baccalaureate ceremonies for local high schools. The site includes resources for those planning ceremonies.

Bolivian President Says Catholic Church Is Enemy Of His Reforms

After Bolivians last week approved a new Constitution that eliminated special protection for the Catholic Church (see prior posting), Bolivia's President Evo Morales lashed out at the Church in remarks at the World Social Forum in Brazil. Catholic News Agency reports on Morales' remarks made last Thursday that accuse the Catholic Church in Bolivia of being the "main enemy" of his proposed reforms. During remarks at the Forum, Morales said: "In Bolivia new enemies have appeared, not only now in the right-wing media but also in groups from the Catholic Church, the leaders of the Catholic Church who are the enemies of peaceful transformation.... I want to say to you what we hear shouted all the time: 'Another world is possible.' I want to tell you another faith, another religion, another church is also possible, brothers and sisters."

5th Circuit Hears Arguments In Parochial School Bid To Join Sports League

Yesterday, the U.S. 5th Circuit Court of Appeals in New Orleans heard oral arguments in Cornerstone Christian Schools v. University Interscholastic League. (Recording of full arguments.) Last April a Texas federal district court upheld the rejection of Cornerstone Christian's application for membership in the state's interscholastic athletic league for public schools. (See prior posting.) Reporting on the oral arguments, AP says the school maintains that its exclusion injures its reputation and attractiveness to parents. Texas assistant attorney general Jim Todd argued that the league's rules do not require anyone to give up their religion to join. Cornerstone was excluded because it was eligible to join TAPPS, a separate league for private and parochial schools. However Cornerstone's membership in TAPPS was terminated, allegedly because of recruiting violations. Cornerstone is affiliated with the megachurch founded by controversial televangelist John Hagee.

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).