Recent Prisoner Free Excercise Cases

In Weinberger v. Grimes, (6th Cir., Feb. 10, 2009), the U.S. 6th Circuit Court of Appeals affirmed the dismissal of a civil suit by a former federal prisoner who claimed that his free exercise rights and his rights under RFRA were violated by inadequate accommodation of his Jewish religious dietary needs and by various other actions that favored Christian prisoners and interfered with his religious worship. The court also rejected staste law and privacy claims.

In Shelton v. Chapman, 2009 U.S. Dist. LEXIS 8728 (SD IL, Feb. 6, 2009), an Illinois federal district court dismissed an inmate's claim that his free exercise rights were violated when one book, the Holy Zumar, was removed from prison chapel library shelves for seven months.

In Cirisan v. Burnett, 2009 U.S. Dist. LEXIS 8739 (WD MI, Jan. 5, 2009), a Michigan federal magistrate judge recommended dismissal of a challenge under the free exercise clause and RLUIPA by a Jewish inmate who was not permitted to wear a yarmulke with "I.D.F. Israeli Army" written on the side. Prison rules prohibit inmates from wearing military apparel.

In Cano v. Taylor, 2009 U.S. Dist. LEXIS 9164 (D AZ, Feb. 5, 2009), an Arizona federal district court permitted an inmate to proceed with a claim against the head of the Arizona Department of Corrections alleging improper denial of his grievance alleging free exercise violations.

In Jackson v. Sullivan, 2009 U.S. Dist. LEXIS 8906 (ED CA, Jan. 29, 2009), a California federal magistrate judge permitted a Rastafarian prisoner to proceed with his claim that RLUIPA was violated when prison officials denied him access to the law library because he refused to comply with haircut regulations.

In Terrell v. Montalbano, 2009 U.S. Dist. LEXIS 9016 (WD VA, Jan. 23, 2009), a Virginia federal district court dismissed a Muslim prisoner's claim under RLUIPA challenging a 6-month delay in placing him on the Common Fare diet. The court found a compelling governmental interest in using the period to observe plaintiff's religious participation to assess the sincerity of his beliefs.

In Agrawal v. Keim, 2009 U.S. Dist. LEXIS 9307 (SD IL, Feb. 9, 2009), an Illinois federal district court dismissed claims against prison officials who had misunderstood the religious dietary restrictions of a Hindu prisoner. Plaintiff was permitted by his beliefs to consume dairy products, but he was placed on the vegan diet and then removed from it as a sanction when he consumed food containing dairy.

In McElroy v. Department of Corrections, 2009 U.S. Dist. LEXIS 9577 (ED CA, Jan. 30, 2009), a California federal magistrate judge permitted an inmate to move ahead with a claim that correctional officers physically attacked him because of his religious beliefs. His allegations of attempted culture theft were found too vague to support a claim.

In Nelson v. Runnels, 2009 U.S. Dist. LEXIS 9298 (ED CA, Jan. 28, 2009), a federal magistrate judge recommended dismissal of an inmate's free exercise and RLUIPA challenge to the state Department of Corrections hair-length regulations.

In Kay v. Bemis, 2009 U.S. Dist. LEXIS 10360 (D UT, Feb. 10, 2009), a Utah federal district court, in a long-running case, dismissed plaintiff's free exercise and RLUIPA claims that his right to practice Wicca were improperly infringed in two different detention facilities. (See prior related posting.)

In Finley v. Gonzales, 2009 U.S. Dist. LEXIS 10765 (ED CA, Feb. 4, 2009), a California federal magistrate judge dismissed a prisoner's claim that his free exercise rights were violated when he was not permitted to attend a religious seminar and receive a certificate or a blessing from God.

San Diego Diocese Will Begin Release of Records On Abusive Priests

In September 2007, the Catholic Diocese of San Diego (CA) entered a settlement in claims of clergy sexual abuse by 144 victims. Part of the settlement included an agreement on release of documents regarding abusive priests and employees, and records of how the Church dealt with them. (See prior posting.) Yesterday's San Diego Union-Tribune reports that the files will finally be released tomorrow on a secure website that will be accessible to plaintiffs' lawyers. Retired Judge William C. Pate will then review challenges to the release of specific documents. Priests who are still living will be permitted to challenge release of information about them. Also the diocese is claiming that certain of the documents should remain private. It is anticipated that it will take 5 to 6 months for the challenges to be decided.

Kentucky Appeals Court Will Review Case On Access To Church Records

Yesterday's Louisville (KY) Courier-Journal reported yesterday that a Kentucky state Court of Appeals earlier this week stayed an order issued by a Jefferson Circuit Court in a suit by church members against the pastor and three lay leaders of the First Baptist Church of Jeffersontown. Twenty-nine members had sued seeking access to the church's financial records. The trial court had ruled that under the church's constitution, members had a contractual right to see the records, and that court enforcement of that right did not involve deciding matters of church doctrine. The Court of Appeals order delays enforcement of the trial court order while the appellate court reviews defendants' free exercise arguments in the case.

This Is "Evolution Weekend" In Houses of Worship

This weekend is Evolution Weekend in churches and synagogues around the country. Sponsored by the Clergy Letter Project, the purpose of the weekend is to demonstrate that "evolutionary theory ... is fully harmonious with religious faith." Over a thousand congregations from all 50 states and 15 foreign countries are slated to take part. Yesterday's International Herald Tribune reports that participating houses of worship plan sermons, Sunday school lessons and even evolution dances.

Geert Wilders Kept Out of Britain, But His Video Is Shown to House of Lords

Controversial Dutch politician Geert Wilders was invited to England last week by a member of Britain's House of Lords, but British immigration officials at Heathrow Airport on Thursday sent him back to the Netherlands, saying that he is a threat to security. The London Telegraph and Radio Netherlands report on developments. Wilders, known for his strong anti-Muslim views, had been invited to show his inflammatory film Fitna in the upper house of Britain's Parliament. The video was screened in the House of Lords Thursday even without Wilders there, but only about 5 members of the House of Lords and 25 other people attended. Het Frije Volk yesterday published the text of the speech Wilders had intended to deliver in the House of Lords. In it, he called Islam a threat, saying that its goals are "world domination, holy war, sharia law, the end of the separation of church and state, the end of democracy." (See prior related posting.)

City Barred From Enforcing Noise Ordinance In Consent Decree

A consent judgment (full text) has been entered by a New York federal district court enjoining the city of Ithaca from enforcing a provision in its municipal ordinances that bans noise which can be heard more than 25 feet away. DeFerio v. City of Ithaca, (ND NY, 2/12/2009) was a lawsuit brought by a Christian evangelist who had been prevented by police from preaching in the Ithaca Commons. The consent order bans enforcement of the limitation against anyone engaged in unamplified speech in a public place. It also orders the police to train its officers in proper enforcement of the ban, and awards attorney's fees and nominal damages. Alliance Defense fund issued a release announcing the consent judgment. An article yesterday in WorldNet Daily has more background on the case. (See prior related posting.)

Some Oklahoma Legislators Object To Invocation By Gay Minister

A routine motion in Oklahoma's House of Representatives encountered unexpected opposition last Wednesday, according to NewsOK. Reverend Scott Jones had been invited by Rep. Al McAffrey to deliver that day's invocation as chaplain for the day in the House. McAffrey is the Oklahoma legislature's only openly gay member. Rev. Jones, in remarks before delivering his prayer, introduced his guests that were in the House gallery, including his "loving partner and fiance, Michael." When at the end of the session, McAffrey moved to include Jones' invocation in the House Journal, 20 representatives voted against the motion. (64 voted in favor.) McAffrey said the unusual negative votes were apparently because Jones and most of his congregation are gay. Americans United issued a release yesterday criticizing the legislators for demonstrating "official favoritism among religions based on their personal religious biases in the public chamber of the Oklahoma House of Representatives."

In Some Nations, Religious and Cultural Objections To Valentine's Day Arise

Tomorrow is Valentine's Day, but in various parts of the world there is religious and cultural resistance to observing the day's customs. The day originated as a celebration of two 3rd century Christian martyrs, both known as St. Valentine. AP reports that in Saudi Arabia, religious police have required stores to remove items that are red, or that are intended as Valentine's Day gifts. Saudi Arabia bans celebrations of Christian holidays. In Sudan, according to ENI, the Sudan Ulema Authority issued a statement saying: "Valentine's Day comes from Western countries. I call on Muslims not to imitate Christians." The London Telegraph reports that in India, a leader of the Hindu nationalist group, Sri Ram Sena, said: "Valentine's Day is definitely not Indian culture. We will not allow celebration of that day in any form." Meanwhile, a group of Indian women who oppose the actions of Sri Ram Sena have begun the Pink Chaddi Campaign. It calls on women to send their pink underwear to Sri Ram Sena leader Pramod Muthalik. The campaign is reported on a blog titled Consortium of Pubgoing, Loose and Forward Women.

UPDATE: India's Sri Rama Sene called off its plans to protest Valentine's Day activities, though its leader Pramod Mutalik has become something of a cultural hero. (India Today, Feb. 13.)

Christian College Student Sues Over Speech Prof's Treatment of His Presentation

On Wednesday, a student at Los Angeles City College filed a federal court lawsuit against a speech professor John Matteson, and against the trustees and various administrators at the College. The lawsuit revolves around a speech that plaintiff Jonathan Lopez delivered in class to fulfill an open-ended assignment for the course. His speech focused on his Christian beliefs including beliefs that marriage is a relationship between a man and a woman. Prof. Matteson had already made clear to the class that he was a supporter of same-sex marriage. Lopez believes that sharing his Christian beliefs is a religious duty.

The complaint Lopez v. Candaele, (CD CA, filed 2/11/2009) (full text) alleges that Prof. Matteson refused to permit Lopez to complete his speech, called him a "fascist bastard" and, instead of entering a grade on an evaluation sheet, wrote that Lopez should "ask God" for his grade. An appeal to the dean was unavailing. It led to threats of retaliation by Matteson and claims by administrators that Lopez was engaged in hate speech. The lawsuit challenges both the actions taken against Lopez and the College's speech code as violations of the 1st and 14th Amendments. Alliance Defense Fund issued a release yesterday reporting on the case and linking to additional background materials.

European Court Says Russia Violated Rights of Unification Church Missionary

Yesterday the European Court of Human Rights in Nolan and K. v. Russia, (ECHR, Feb. 12, 2009), ruled that Russia violated Sec. 1, Article 9 (freedom of thought, conscience and religion), as well as various other provisions of the European Convention on Human Rights, when it refused to readmit to the country an American missionary. Patrick Francis Nolan had worked in the country for 8 years with youth organizations affiliated with the Unification Church. Russia claimed that Nolan had engaged in activities that posed a security threat. However it never specified the nature of those activities. As summarized by the Court's press release on the decision:

Given the primary religious nature of the applicant’s activities and the general policy as set out in the Concept of National Security of the Russian Federation, that is to say that foreign missionaries posed a threat to national security, the Court considered it established that Mr Nolan's banning from Russia had been designed to repress the exercise of his right to freedom of religion. However, since the interests of national security were deliberately omitted as a permitted ground for restrictions on the exercise of the right to freedom of religion in Article 9 of the Convention, such interests could not be relied upon as a justification for the measures taken by the Russian authorities against Mr Nolan.

[Thanks to Institute on Religion & Public Policy for the lead.]

USCIRF Urges U.S. To Press Turkey On Monastery Dispute

On Wednesday, the U.S. Commission on International Religious Freedom issued a release encouraging the U.S. government to raise with Turkey the importance of respecting property rights of religious minorities. Of particular concern to USCIRF is a case currently in Turkish courts involving land claimed by the Mor Gabriel Syriac Orthodox monastery. Today's Zaman on Thursday, reporting on the latest court hearing in the case, also describes details of the dispute:

The row began when Turkish government land officials redrew the boundaries around Mor Gabriel and the surrounding villages in 2008 to update the national land registry as part of a cadastre modernization project in compliance with EU instructions. The monks say the new boundaries turn over to the villages large plots of land the monastery has owned for centuries and designate monastery land as public forest.

Report On Hate Movements In Times of Economic Crisis Is Released

The Simon Wiesenthal Center yesterday announced the release of a new report titled Hatred In Hard Times-- And How to Combat It: Lessons From History For the 21st Century. The report was written to warn of possible anti-Semitism and other hate movements growing out of the current economic crisis, dubbed by the report as the "Panic of 2008." Authored by historian Dr. Harold Brackman, the 46-page report traces hate movements growing out of various economic crises beginning as far back as the Dutch Tulip Mania of the 1630's. The report also focuses on movements throughout U.S. history that have pressed for greater tolerance.

European Court Says Bulgaria Improperly Resolved Church Split

In a judgment handed down last month, the European Court of Human Rights held that the government of Bulgaria has improperly taken sides in a dispute between two factions of the Bulgarian Orthodox Church. In Holy Synod of the Bulgarian Orthodox Church v. Bulgaria, (ECHR, Jan. 22, 2009), the court concluded that Bulgaria has violated Sec. 1, Article 9 (freedom of thought, conscience and religion) of the European Convention on Human Rights. As summarized in the Court's press release on the case:

in the context of an ongoing dispute between two groups claiming leadership of the Church, ... the State had taken action to terminate the autonomous existence of one of the two opposing groups and had provided the other group with exclusive control over the affairs of the whole religious community. It found that that had been contrary to the Government’s duty to remain neutral in such matters, as it had not been a question of merely recognising the canonical leadership of the Church but a question of which leadership had been canonical. The authorities had therefore taken sides in an unsettled controversy deeply dividing the religious community. That had amounted to an interference with the applicants' right to freedom of religion, which had included the right to organisational autonomy of the religious community.

On Wednesday the Alliance Defense fund issued a release praising the January decision, saying that it "underscores the vital importance of the church operating independently of state coercion and control."

Anti-Religion Signs Will Go Up In Madison WI Buses

In Madison, Wisconsin starting today riders on six buses are will see provocative advertising signs from the Freedom From Religion Foundation. Each sign carries a quotation from a different famous atheist or free thinker. Included are quotes from: Mark Twain, Clarence Darrow, Emily Dickinson, Butterfly McQueen and Richard Dawkins. For example, the sign featuring a portrait of Darrow reads: "I don't believe in God because I don't believe in Mother Goose." The Examiner yesterday reported at length on the quotes and featured photos of most of the signs that will be displayed inside the buses. FFRF already has a national billboard campaign in operation. (See prior related posting.)

Swedish Muslim Student Claims Discrimination Over Niqab

In Stockholm, Sweden, a Muslim woman has filed a religious discrimination complaint with the Equality Ombudsman. The Local reported yesterday that the woman was told by an adult education college in Spanga that she cannot wear her niqab in class or in contact with college staff. The niqab covers her face, except for the area around her eyes. The school, the Västerort Vuxengymnasium, cites a recent decision by the National Agency for Education. The student says she has offered a compromise which apparently the school has not accepted-- she will remove her niqab during class if she can sit in the front.

Kazakhstan's Constitutional Council Invalidates New Religion Law

According to a report yesterday from Interfax , Kazakhstan's Constitutional Council has ruled that controversial amendments to the country's laws on religion and religious organizations are inconsistent with Kazakhstan's Constitution. The amendments, passed by Parliament last November, had been referred to the Constitutional Council by President Nursultan Nazarbaev before he signed them. (See prior posting.) The amendments were widely criticized by human rights groups.

UPDATE: Forum 18 on Thursday had a longer report on the decision. It indicates that President Nazarbaev has one month during which he can propose changes to the decision. they take effect only if supported by two-thirds of the Constitutional Council. The report also says that the Council's decision calls into question the constitutionality of Kazakhstan's current Religion Law as well.

Defendant's Religious Beliefs Prevent Him From Viewing Sexual Photos For Trial

In Spring Valley, New York, a man on trial for committing sexual acts with underage girls and photographing two other men having sex with them now claims that he has turned religious and cannot view the sexual photos to aid in his own defense. Yesterday's Lower Hudson Journal-News reports that defendant David Silverman grew up in a Hasidic Jewish community, but left in his teens and was placed in foster care. He has recently again become religiously observant. The offenses Silverman is charged with were allegedly committed when he was 21. Silverman met the girls involved through MySpace's online social network. He has plead not guilty, denying he touched them.

Proposal Would Delete Anti-Atheist Clause of Arkansas Constitution

Art. 19., Sec. 1 of the Arkansas Constitution provides: "No person who denies the being of a God shall hold any office in the civil departments of this State, nor be competent to testify as a witness in any court." Yesterday State Rep. Richard Carroll introduced into the Arkansas General Assembly a resolution (HJR 1009) proposing a constitutional amendment that would repeal this provision. The "Whereas" clauses in the resolution say that it is likely the existing provision violates the 1st Amendment of the U.S. Constitution and would be struck down in an appropriate court challenge. Ft. Smith City Wire reports on the proposal. [Thanks to Scott Mange for the lead.]

County Board Moves To Moment of Silence; Generates Strong Objections

The Dodge County, Wisconsin Board of Supervisors last week decided to end the practice of opening their meetings with a prayer from one of the Board members. Instead meetings will begin with a moment of silence. The Fond du Lac Reporter last week traced the reason for the decision. Newly elected Supervisor Dean Fuller became concerned after a fellow Board member opened a meeting with a sectarian Christian prayer. Fuller complained to the Freedom from Religion Foundation which, in turn, wrote Board Chairman Russell Kottke asserting that the past practice was unconstitutional. Reaction to the Board's decision has been strong. OneNewsNow yesterday quoted Libery Counsel's Mat Staver who said that the decision "is an example of where some radical separationists are pushing this country. They want to literally eliminate any kind of reference to God or religion." Also last week Supervisor Fuller, who initiated the change, said he has received death threats. (620 WTMJ News).

Group Demands Schools End Use of Church For Graduation Ceremonies

Americans United yesterday issued a release announcing that they have written three Wisconsin public school districts and a community college demanding that they stop holding their graduation ceremonies at Elmbrook Church in Brookfield, Wisconsin. Graduation speakers at the church stand under a 30-foot cross which church officials refuse to cover for the ceremonies. At past graduations the Church has also displayed banners with religious messages and church personnel have distributed religious pamphlets to graduates and their families. The letters sent to each school assert that the use of the Church under these circumstances violates the Establishment Clause. The AU release links to the full text of the letters sent to each school.

Lebanon Says Citizens Can Remove Religious Affiliation From State Records

In Lebanon yesterday, Interior Minister Ziad Baroud issued a circular permitting any citizen to have his or her religious affiliation removed from Civil Registry Records. Ya Libnan reports that the decision to allow religion to be replaced by merely a slash sign (/) was based on provisions in Lebanon's Constitution protecting freedom of belief, as well as provisions in the introduction to the Constitution pledging commitment to the United Nations Universal Declaration of Human Rights.

Louisiana Prison Will Remove Religious References From Monument

Officials at the Louisiana State Penitentiary have agreed to remove religious inscriptions from a monument that stands at the prison's gate . Officials say the monument was intended to encourage moral rehabilitation and to encourage inmates arriving to begin long sentences. The inscription "forgetting what is behind and straining toward what is ahead" will remain on the book-like monument, but the citation of "Philippians 3:13" as its source will be removed. Also a "Prayer of Protection" inscribed on the monument will be removed. Yesterday's Christian Post reports that the actions were taken because of a complaint filed last year by the Louisiana ACLU.

Vietnam Recognizes Mennonite Church

Vietnam Net reported yesterday that the Vietnam Mennonite Church has received official recognition as a religious organization from the country's Government Committee for Religious Affairs. The church says it will become actively engaged in social work and chariitable activites.

New York Court Applies "Get" Law In Divorce Case

In S.A. v. K.F., (NY Kings Co. S.Ct, Jan. 28, 2009), a New York family court applied NY Domestic Relations Law, Sec. 236 [B] [5] [h], that permits the court in matrimonial actions to consider the effects of a barrier to remarriage of one of the spouses when ordering maintenance and distribution awards. The law was directed at aiding Jewish wives in obtaining a religious divorce document (get) from their husbands. A wife who is unable to obtain a get cannot remarry under Jewish law. She is known as an agunah, or "chained woman."

In this case, the 80-year old husband (a Holocaust survivor) had adamantly refused to provide his 61-year old wife a get, despite a contempt citation issued by a Jewish rabbinic court and demonstrations in front of his home by community members. The court, awarding the husband $400 per month maintenance, conditioned it on his voluntarily giving his wife a get within 45 days. The court said: "It would be unjust and inappropriate to have the wife pay spousal support for the husband's benefit yet she is still 'chained' to him." Last Saturday's New York Daily News reports on the decision. [Thanks to Marc Stern for the lead.]

Child Evangelism Fellowship Wins Preliminary Injunction

In Child Evangelism Fellowship of Minnesota v. Elk River Area School District #728, (D MN, Feb. 6, 2009), a Minnesota federal district court granted a preliminary injunction barring implementation of Elk River (MN) School District's policy of allowing only organizations specifically categorized in federal law as "patriotic" to distribute literature at school Open Houses. The court held that the school district had created a limited public forum at its Open Houses, but that by relying on a viewpoint categorization created by Congress, the school district improperly discriminated against CEF's Good News Clubs. Alternatively the court held that even if the policy is viewpoint neutral, it is not reasonable in light of its purpose. Relying on the U.S. Supreme Court's 2001 decision in Good News Club v. Milford Central School, the court found that: "The Good News Club and the Boy Scouts promote the same values and ideas, but they do so from different viewpoints." Liberty Counsel issued a press release welcoming the decision.

New Jersey Town Sued Over Handbilling Restrictions

Alliance Defense Fund announced yesterday that it has filed suit in federal district court challenging Wildwood, New Jersey's ordinances that restrict the distribution of literature in the beach town. An application letter and fee must be submitted and a permit obtained before handing out political or religious literature anywhere except at six locations on the Wildwood Boardwalk. The only exemption is for members of Jehovah's Witnesses. The suit was filed on behalf of Eric Wollod who was prevented from handing out religious tracts on a city sidewalk. The complaint (full text) alleges that the restrictions violate Wollod's 1st and 14th Amendment rights. A Memorandum In Support of Plaintiff's Motion for Preliminary Injunction was also filed with the court.

Canadian Talk Show Violated Ethics Code According To Panel

The Canadian Broadcasters Standards Council-- a non-governmental organization that administers a broadcast ethics code-- has ruled that comments made by a radio talk show host were "sweeping, abusive and unduly discriminatory criticism of Islam" in violation of the CAB Code of Ethics. While the case was decided last October, the Council's decision was not released publicly until last week. (CBSC press release.) In CFRA-AM re an Episode of the Lowell Green Show (Islam), (CBSC, Oct. 22, 2008), an Ontario Regional CBSC Panel adjudicated a complaint over the Lowell Green Show's discussion of Islam. The open-line talk show aired in the wake of Sudanese charges against a British school teacher for having her class name a teddy bear "Mohammed". The Council concluded that: "Green did not merely disagree with opposing points of view; he mocked, ridiculed and insulted their interlocutors."

Appeal Filed With 9th Circuit In Mt. Tenabo Case

AP reported yesterday that an appeal has been filed with the U.S. 9th Circuit Court of Appeals in South Fork Band Council of Western Shoshone of Nevada v. U.S Department of Interior. In the case, last month a Nevada federal district court refused to issue a preliminary injunction to prevent Barrick Gold Corp. from digging a 2,000-foot deep open pit mine on Nevada's Mount Tenabo. The Western Shoshones say that the project will desecrate their sacred mountain. (See prior posting.)

UPDATE: KTVN News says that U.S. Distict Judge Larry Hicks on Feb. 11 refused to issue a stay to prevent the project moving forward while the appeal is pending.

Church of England Bans Clergy From Joining Racist British National Party

The General Synod of the Church of England voted Monday to prohibit vicars in the Church from joining the right-wing, racist (whites-only) British National Party. Today's London Mail reports that the resolution passed by a vote of 322- yes; 13-no; and 20 abstentions. Supporters of the ban say that membership in far-right political parties is incompatible with Christianity.

Canadian Teen Says Assault With Kirpan Charges Were Fabricated By Classmates

Canadian Press reported yesterday on the assault trial of a Canadian teenager in Montreal's youth court. The boy is a Sikh who was baptised and received a kirpan (ceremonial dagger) at the end of August. Now two classmates accuse him of assaulting them with the kirpan and with the pin used to tuck his hair under his turban. The 13-year old defendant says the charges were fabricated by the two classmates because they were jealous of a friendship he had with another student.

Vermont Teacher Sued For Proselytizing

Vermont's ACLU announced yesterday that it has filed suit against seventh-grade teacher Wally Rogers, the Irasburg (VT) School District, and Irasburg Village School principal Paul Simmons. The complaint (full text) filed in Vermont federal district court alleges that Rogers has subjected students to religious proselytizing, and that school officials have failed to respond to complaints. It is alleged that Rogers added Christian books to student book lists, purchased those books with school funds and offered students enhanced credit for reading them. The suit also claims hat Rogers retaliated against students who complained about his conduct. Ultimately the two families involved removed their children from the school in which Rogers teaches. Today's Rutland Herald reports on the case.

California Court Dismisses Mexican Clergy Abuse Case For Lack of Jurisdiction

In Joaquin M. v. Rivera, (CA Ct. App., Feb. 4, 2009), a California state appellate court dismissed on jurisdictional grounds a suit by an adult citizen of Mexico against Catholic priest Father Nicholas Aguilar, a Mexican resident, Cardinal Norberto Rivera of Mexico City and the Mexican Catholic Diocese of Tehuacan. The complaint alleges that Cardinal Rivera and the Diocese sent Father Aguilar to work in the Los Angeles knowing that he had a history of sexual misconduct. n Los Angeles, Aguilar sexually molested numerous children. In January 1988, before the police could arrest him, Aguilar fled Los Angeles and returned to Mexico. In 1994, in Mexico, Aguilar sexually molested plaintiff, who was then 13 years old. The court held that California lacks personal jurisdiction over these Mexican defendants in this action brought by a Mexican plaintiff for injuries that occurred in Mexico. Analyzing the requirements for "specific jurisdiction," the court concluded that "plaintiff's claims do not bear a substantial connection, let alone any connection, to Cardinal Rivera’s and the Diocese of Tehuacan’s contacts with California."

Yesterday's Los Angeles Metropolitan News-Enterprise reported on the case. Quoting plaintiff's attorney, it reported that this lawsuit against a powerful Mexican Cardinal was largely responsible for exposing clergy sexual abuse in Mexico.

Report Says FBI Has Broken Ties With CAIR

Fox News reported on Jan. 30 that the FBI has largely severed its ties with the Council on American Islamic Relations (CAIR). The FBI had been using CAIR as a liaison to the Muslim community. CAIR has given training sessions on Islam for FBI agents. The reversal in FBI policy came after revelation of ties between high CAIR officials and the Holy Land Foundation whose officials were convicted in December of sending $12.4 million of charitable funds to Hamas. (See prior posting.) Fox News last week reported that Virginia Rep. Frank Wolf has written the FBI asking whether the Fox report is accurate, and if it is, how the FBI plans to notify members of Congress of its decision. (Full text of letter.)

Pope Reaches Out To Critics of His Reconciliation Attempt With Holocaust Denier

Repair efforts continue after Pope Benedict XVI's lifting of the excommunication of Holocaust denying Lefebvrite bishop Richard Williamson. (See prior posting.) German Chancellor Angela Merkel, who had been strongly critical of the Pope's action, spoke with Benedict XVI on Sunday to discuss their respective views. Spokespeople said the conversation was conducted with "mutual respect." (Deutsche Welle.) Der Spiegel reported that the Pope was angry at the tone of Merkel's earlier criticism. Meanwhile, according to yesterday's New York Times, Williamson has been dismissed as head of La Reja seminary in Argentina. Rev. Christian Bouchacourt, director of the Latin America branch of the Society of St. Pius X, said Williamson's comments do not reflect the views of the Society. The Jerusalem Post says that in conciliatory efforts, on Thursday the Pope will meet with the Council of Presidents of Major American Jewish Organizations. High Vatican officials have already met with other Jewish groups.

In an interview with Der Spiegel published yesterday, Williamson responded to Vatican demands that he recant his views by saying: "I can only say something, the truth of which I am convinced. Because I realize that there are many honest and intelligent people who think differently, I must now review the historical evidence once again." Williamson said he would not travel to Auschwitz, but that he had ordered a copy of the book Auschwitz: Technique and Operation of the Gas Chambers, by Jean-Claude Pressac. Pressac was one time a Holocaust denier, but his views changed when he visited Auschwitz. The book ordered by Williamson reflect those revised views and the evidence that Pressac saw.

British Diplomat Charged Criminally For Anti-Semitic Outburst

Today's London Mail reports that a high ranking diplomat in Britain's Foreign Office has been arrested on charges of inciting religious hatred through threatening words and behavior after an anti-Semitic outburst at the London Business School's gym. The incident occurred while Rowan Laxton, head of the Foreign Office's South Asia Group, was using an exercise bike and, at the same time, watching TV reports about Israeli attacks in Gaza. Laxton is married to a Muslim woman (but is believed to be separated from her) and has worked extensively in the Middle East and in Afghanistan and Pakistan. Inciting religious hatred is punishable by a fine and up to 7 years in prison. The arrest comes as Britain prepares to host next week an international summit on combating anti-Semitism.

Italy's "Terry Schiavo" Case Generates Constitutional Crisis

Yesterday's London Observer reports that the fate of a 38-year old woman in a persistent vegetative state for the last 17 years has precipitated a constitutional crisis in Italy. Eluana Englaro's father has fought for ten years in court to have her feeding tubes removed, which he says would be consistent with the woman's wishes. Last November Italy's top court agreed with the father. Last week doctors began the process of gradually removing the tubes when Italy's Prime Minister Silvio Berlusconi intervened. After a series of "frantic" telephone conversations in which Vatican secretary of state Cardinal Tarcisio Bertone urged him to act, prime minister Berlusconi issued a decree prohibiting suspending food and water for any patient relying on them. Effectively reversing the court's ruling, the Prime Minister said: "This is murder. I would be failing to rescue her. I'm not a Pontius Pilate." He then added that, physically at least, the woman is "in the condition to have babies." Italy's president, Giorgio Napolitano, has refused to sign the Prime Minister's decree. However Parliament is considering whether to ratify it. The case is reminiscent of the Terry Schiavo case in the United States in 2005. [Thanks to Scott Mange for the lead.]

UPDATE: AP reports that Eulana Englaro died Monday night, as the Italian Parliament rushed to pass a bill to prohibit her feeding tubes from being removed. Rome's mayor Gianni Alemanno, said that the Colosseum-- which has become a symbol in the fight against capital punishment around the world-- would be lit all night Tuesday in mourning for Englaro. Italy's president, Giorgio Napolitano, urged politicians to be silent. [Again thanks to Scott Mange.]

US Officials Complain About Proposed Sri Lankan Anti-Conversion Law

Last week, the U.S. Commission on International Religious Freedom criticized Sri Lanka's proposed Prohibition of Forcible Conversion of Religion Act. It said that, among other things, the proposed law is worded so broadly that its practical effect is to ban distribution of religious literature and chill freedom of inquiry. Yesterday's Christian Post reports that 15 members of Congress have also sent a letter to the Sri Lankan ambassador to the United States urging the Sri Lankan government to drop the bill. A final vote in Parliament on the anti-conversion bill had been expected this month. Sri Lanka is approximately 70% Buddhist. (See prior related posting.)

Recent Articles and Book of Interest

From SSRN:

• Kevin K. Washburn, Felix Cohen, Anti-Semitism and American Indian Law, (American Indian Law Review, Vol. 33, 2009).

From SmartCILP:

• Marc O. DeGirolami, The Problem of Religious Learning, 49 Boston College Law Review 1213-1275 (2008).


• Robert Joseph Renaud & Lael Daniel Weinberger, Spheres of Sovereignty: Church Autonomy Doctrine and the Theological Heritage of the Separation of Church and State, 35 Northern Kentucky Law Review 67-102 (2008).


• Christie S. Warren, Lifting the Veil: Women and Islamic Law, 15 Cardozo Journal of Law & Gender 33-65 (2008).


• Gender and Religious Conservatism. [Link is to full text.] Articles by Barbara L. Bernier, Colleen Theresa Rutledge, Emily J. Duncan, Lynne Marie Kohm, Gila Stopler and Toni Lester. 15 Duke Journal of Gender Law & Policy 275-417 (2008).

New Book:

• Nonie Darwish, Cruel and Usual Punishment--The Terrifying Global Implications of Islamic Law, (Thomas Nelson, Jan. 2009), reviewed in the Financial Post.

Utah AG Discloses Contents of Some Seized FLDS Documents

Yesterday's Salt Lake Tribune reorts on a talk given recently by Utah Attorney General Mark Shurtleff revealing new information about some of the documents seized during the state's raid of the FLDS' "Yearning for Zion Ranch" last April. (See prior posting). Some of the documents showed that early on, FLDS leader Warren Jeffs traveled to the capitals of each of the 48 contiguous states in order to to condemn them with the wrath of God. "Priesthood letters" that were among the items in the 400 boxes seized from the Ranch disclose that Jeffs made the trips to "shake the dust off his feet in condemnation." Jeffs, who is now in jail awaiting trial, has said that "the prison walls are going to be falling down at any moment." Shurtleff says that FLDS members have not yet given up on Jeff's leadership, and expressed concern that Jeffs might excommunicate people that the state is negotiating with about settling a case involving the FLDS' United Effort Plan Trust that holds FLDS property. (See prior posting.)

UPDATE: Tuesday's Deseret News publishes additional excerpts for Jeffs' papers detailing his life on the run as a fugitive.

British Town Restores Funding To Christian Home In Settlement

The London Telegraph reported yesterday that a British town has agreed to settle a religious discrimination lawsuit that was filed against it by Pilgrim Homes. As reported earlier, Brighton & Hove City Council revoked of a £13,000 grant to the local Pilgrim Home after it refused to comply with Equality Act (Sexual Orientation) Regulations. The city wanted the Christian home for the elderly to periodically ask its residents about their sexual orientation and to picture gays in its promotional literature. Its elderly Christian residents objected to the questionnaire. Now Council has promised to restore the funding and withdraw its charges of "institutional homophobia"against the Home. The Home will ask potential residents about their sexual orientation when they apply (but not after that), on the understanding that they have the right to refuse to answer.

Planned Valentine's Day Morals Policing Stirs Controversy In India

In India, controversy has erupted over renewed morals policing by members of the right wing Hindu nationalist group Sri Ram Sena. (Background). Last month in Mangalore, some 40 members of the group attacked women at a pub, slapping them and pulling their hair, claiming they were engaged in obscene dancing and were violating traditional Indian values. (Sindh Today.) Now the group's morals enforcers plan to take on young couples expressing their affection on Valentine's Day.

The Australian reported yesterday that Sri Ram Sena leader Pramod Muthalik announced that his followers will be patrolling the streets on Valentine's Day, and any couple they find publicly expressing their love will be taken to the nearest Hindu Temple and forced to marry. The activists will carry a bridal necklace and turmeric paste used in wedding ceremonies and will be accompanied by a priest. Many are distressed with the Sri Ram Sena's activities. IANS reports today that civil liberties proponents are planning protests. Some will form Valentine Help Escort teams to counter Sri Ram Sena activities. The teams will hand over to police anyone assaulting couples on Valentine's Day. Others will carry chili spray to fight off troublemakers.

Recent Prisoner Free Exercise Cases

In Pinkston-El-Bey v. Illinois, 2009 U.S. Dist. LEXIS 6724 (SD IL, Jan. 30, 2009), an Illinois federal district court dismissed at the screening stage claims by an inmate who is a member of the Washitaw Nation of Muurs. Plaintiff sued the governor of Illinois and the warden of virtually every penal institution in Illinois, alleging that state prisons have not adequately accommodated religious beliefs of Washitaw Ismaili Moslems.

In Goodvine v. Swiekatowski, 2009 U.S. Dist. LEXIS 6946 (WD WI, Jan. 26, 2009), a Wisconsin federal district judge permitted a Sunni Muslim prisoner to proceed with RLUIPA and 1st and 14th Amendment claims relating to restrictions on his religious literature, refusing him a copy of the Qu'ran, denying him a halal diet, refusing to adjust his meal schedules to accommodate fasts and refusing to assist him in his religious research.

In Washington v. Brown, 2009 U.S. Dist. LEXIS 6846 (ED CA, Jan. 21, 2009), a California federal magistrate judge denied defendants' motion for summary judgment and permitted plaintiff to proceed with claims that various prison officials denied him participation in the Ramadan fast.

In Robinson v. Jacquez, 2009 U.S. Dist. LEXIS 7560 (ND CA, Jan. 23, 2009), a California federal district court held that an inmate's allegations, liberally construed, state a 1st Amendment claim that that he was not provided kosher meals or permitted to attend Jewish religious services.

In Shatner v. Page, 2009 U.S. Dist. LEXIS 8324 (SD IL, Feb. 4, 2009), an Illinois federal district judge awarded a prisoner, who was a member of both the Church of Light and the Rosicrucian faith, damages totally $1770 for impropoer deprivation of his Sacred Tarot, Tarot cards, religious books and his religious medallion (as well as for imprper reading of his legal mail). The court found violations of plaintiff's free exercise rights, or RLUIPA and of the Illinois Religious Freedom Restoration Act.

New York City Considering Converting Some Catholic Schools To Charter Schools

New York City public schools are overcrowded. In Brooklyn, some Catholic schools threaten to close for lack of enrollment. WABC today reports that New York's Mayor Michael Bloomberg and Bishop Nicholas Dimarzio of the Brooklyn diocese are considering a plan to select four Catholic schools in Brooklyn and Queens and convert them to publicly funded charter schools. Religion would be eliminated from the curriculum for the schools that are converted. In order for the plan to be carried out, New York state will need to change its law that now bans the conversion of religious schools to charter schools. Newsday reports that the city will also consider similar conversion arrangements for other private and non-Catholic religiously operated schools in the city.

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.