Turkish Magazine Forced To Scrap Cover Story On Darwin

The deputy head of Turkey's Scientific and Technological Research Council (TUBITAK) apparently pressured the editor of the organization's popular magazine, Science and Technology, to remove this month's planned cover story honoring Charles Darwin on his 200th birthday. Media indicate that the journal's editor was also removed. AFP reported yesterday that the censorship was apparently undertaken by religiously motivated personnel who the government has favored for appointments to senior positions at TUBITAK. Turkish Muslims generally oppose teaching of Darwin's ideas on evolution. State Minister Mehmet Aydin, who oversees TUBITAK, however criticized the suppression of the article, even though he believes that evolution is a "mistaken" theory. [Thanks to Jack Shattuck for the lead.]

Federal Appellate Courts Hear Oral Arguments In Two Cases of Interest

Two cases of interest were argued in federal appeals courts yesterday. The 10th Circuit Court of Appeals heard arguments in Corder v. Lewis Palmer School District No. 38. In the case, a Colorado federal district court below upheld the actions of a high school principal who, in 2006, forced a student graduation speaker to apologize for including unauthorized religious material in her 30-second portion of a joint graduation speech. (See prior posting.) Liberty Counsel, which represents the student appealing the case, issued a press release about the oral argument.

The 6th Circuit heard arguments in Pedreira v. Kentucky Baptist Homes For Children, Inc. In the case below, a Kentucky federal district court dismissed on standing grounds a state taxpayer's Establishment Clause challenge to Kentucky's payment for placement of children in a home that operates a religious-based program. (See prior posting.) USA Today reported on the oral arguments.

9th Circuit Hears Arguments In CLS Challenge To Hastings Law School Rules

Yesterday, the U.S. 9th Circuit Court of Appeals heard oral argument in Christian Legal Society v. Kane. A recording of the full oral argument is available online. In the case, a California federal district court below held that Hastings Law School may apply its policy against discrimination on the basis of religion and sexual orientation to a student religious group seeking formal recognition. (See prior posting.) All the briefs and other litigation documents are available from the Christian Legal Society website. [Thanks to The Center Blog for the lead.]

UPDATE: National Law Journal reports that Judge Kozinski's questioning focused on whether the case was controlled by the court's earlier decision in Truth v. Kent School District-- in which a cert petition has just been filed. (See prior posting.)

DC School Voucher Program Is Effectively Ended By Congress

It appears that Congress has effectively ended the school voucher program in the District of Columbia that has been popular with many parents. More than half of the students receiving vouchers attend religious-- mostly Roman Catholic-- schools. (See prior posting.) HR 1105, the Omnibus Appropriations Act of 2009, precludes use of funds after the 2009-2010 [corrected] school year for programs under the D.C. School Choice Incentive Act of 2003 unless the program is reauthorized by Congress and the District of Columbia approves the reauthorization. [at pg. 307-308 of bill.] The Omnibus Appropriations bill was approved by the Senate yesterday after previously being passed by the House. (New York Times). Originally Congress approved the D.C. voucher plan as a 5-year pilot program. According to a press release yesterday by Americans United detailing developments, it is unlikely that reauthorization and other conditions imposed by the Omnibus Appropriations Act for extending the D.C. voucher program will be met.

Yesterday, by a vote of 39-58, the Senate rejected an amendment offered by Sen. John ensign to eliminate these restrictions on the D.C. Opportunity Scholarship Program. Americans United had sent a letter (full text) to every Senator urging them to vote against the Ensign Amendment. It described the voucher program as ineffective in improving student achievement and says the program raises constitutional concerns.

Kazakhstan Court Reduces Sentence of Unification Church Missionary

In a case that has drawn the attention of international human rights groups, an appeals court in Kazakhstan has reduced the sentence of Unification Church missionary Liza Drenicheva from two years in prison to the two months she has already served. She must also pay a fine of $200 (US) and court costs of $800 (US). Today's Washington Times says that Drenicheva, who had been convicted of a "crime against peace and security of humankind" is now free to return home to Russia. The Unification Church says the woman was merely teaching its views on the doctrine of original sin when she was charged with claiming that certain groups were inferior based on their "tribal and class identity." The Unification Church is still considering an appeal in the case in order to establish the right of its missionaries to operate in the mostly-Muslim nation. Kazakhstan's treatment of minority religious groups has been an ongoing concern as the country prepares to chair the OSCE next year. (See prior related posting.)

Dutch Supreme Court Protects Criticism of a Religion From Group Insult Prosecution

In an important free speech decision Tuesday, the Supreme Court of Netherlands overturned the conviction of a man who had been charged under Article 137c of the Dutch criminal code with making offensive statements about Muslims. In 2004, after the murder by an Islamic extremist of filmmaker Theo van Gogh, defendant hung a poster in his window reading: "Stop the tumour that is Islam. Theo has died for us. Who will be next? Resist now! National Alliance, we will not bow down to Allah. Join now." The Supreme Court held that offensive statements about a religion do not constitute an insult to "a group of people according to their religion" as that term is used in Article 137c. Here is the Supreme Court's news release in Dutch describing the decision. NIS News and NRC Handelsblad both report on the case.

Drawing a fine line in an attempt to protect criticism of a religion, the Court said that Article 137c is not violated "even if that happens in such a way that the devotees feel their religious feelings are hurt." Criticism of behavior or opinions is not outlawed. Only a remark "explicitly" aimed at a group distinct from others based on its religion can be a group insult. The Court said that the same definitions will apply in the pending prosecution of Dutch politician Geert Wilders for inciting hatred and discrimination against Muslims and insulting Muslim worshippers. (See prior posting.)

Cert Filed In Case Challenging Non-Recognition of Christian Student Group

A petition for certiorari (full text) was filed with the U.S. Supreme Court yesterday in Truth v. Kent School District. In the case, the 9th Circuit upheld the application of a Seattle, Washington school's rules against religious discrimination to Truth, a Bible study club. The organization was denied recognition as a student group because its charter limits membership to those who sign a statement of fundamentalist Christian faith. (See prior posting.) The cert petition raises issues of expressive association and of interpretation of the federal Equal Access Act. A press release by Alliance Defense Fund announced the filing of the appeal.

Israeli Traffic Court Says Hebrew Birthday Can Count

Arutz Sheva reported last week on an interesting Traffic Court decision in the Israeli city of Nazareth. Under Israeli law, drivers under the age of 21 may carry no more than two passengers. Chaim Frankel was stopped for a random check and charged with violating this law because he had four passengers in his car. In court, Frankel defended on the ground that he was already 21 years old according to the date on the Hebrew calendar. The court agreed. All government communications and documents in Israel use both the Hebrew and Gregorian dates. [Thanks to Religion and State In Israel for the lead.]

New Survey of U.S. Religious Identification Released

Trinity College has released its American Religious Identification Survey 2008. The study, based on questions posed to over 54,000 individuals in English and Spanish, revealed that the number of adults identifying themselves as Christian has slipped to 76% (down 10% since 1990). The sharpest decline has been in Mainline churches, while 34% of the population says they are Evangelical Christians. 25.1% are Catholic. 1.4% are Mormon. Those identifying as having no religious preference has grown to 15% (from 8.2% in 1990). 1.2% of the population identified themselves as Jewish by religion (while a larger number considered themselves ethnically Jewish). This was down from 1.8% in 1990. The Muslim population has risen from 0.3% in 1990 to 0.6% in 2008. Meanwhile, Buddhists account for 0.5% of the population. USA Today and CNN both reported yesterday on the survey. [Thanks to Scott Mange for the lead.]

California Civil Court Asked To Confirm Bet Din's Ruling On Torah Scrolls

Yesterday's Los Angeles Times reports on an unusual suit filed in Los Angeles Superior Court in which the widow of an Orthodox rabbi is asking a civil court to confirm an award by a Jewish religious tribunal. A hearing is scheduled for April 3. The case, Pauker vs. Ohana, involves the attempt since 2002 by the widow of Rabbi Norman Pauker to recover four Torah scrolls that she says were loaned for two years by her husband to his former assistant, Rabbi Samuel Ohana. The 73-year old Ohana, says that Rabbi Pauker gave the Torahs outright to him for his congregation after Pauker's synagogue closed. The bet din (Jewish religious court) apparently credited the validity of a handwritten agreement reflecting a loan of the scrolls and ordered them returned within 30 days. Ohana says his signature was pasted onto the agreement by someone else. He has now appealed to a higher religious court in Jerusalem. Since both parties had signed an agreement to abide by the bet din's ruling, however, Pauker disputes the jurisdiction of the Jerusalem court.

India's Prime Minister Says No Right To Criticize Other Religions

India's Prime Minister Manmohan Singh, speaking today to a group of Muslim girls on the occasion of Milad-un-Nabi ("Birth of the Prophet"), made an interesting assertion about the scope of free speech in the country. Press Trust of India reports that he said: "Our Constitution gives full freedom to the people to practice any religion of their choice, but it does not give anyone the license to criticize or run down other religions." India's Constitution, Art. 19, protects freedom of speech and expression.

City Hearing on Anti-Discrimination Law Generates Religious Arguments

The Kalamazoo (MI) Gazette reports on a hearing held last night by a subcommittee of the Kalamazoo City Commission on a proposed ordinance that would ban discrimination on the basis of sexual orientation. Originally City Commission adopted the ordinance in December, but a month later rescinded it pending further consideration, after petitions protesting the law were submitted. Both sides at yesterday's hearing attended by nearly 200 people invoked religious arguments. Opponents said that the ordinance would victimize religious groups and would discriminate against those whose religious beliefs teach that homosexuality is wrong. Supporting the ordinance, Rev. Matthew Laney, pastor of First Congregational Church, said: "We firmly believe these peoples' orientations are fully compatible with the godly life. They are part of God's diverse creation and God does not make mistakes."

10th Circuit Refuses Release Pending Appeal of Marijuana Church Founders

In United States v. Quaintance, (10th Cir., March 3, 2009), the U.S. 10th Circuit Court of Appeals denied a request by Mary and Danuel Quaintance-- founders of the Church of Cognizance-- for release from prison pending appeal of their convictions for allegedly religious use of marijuana. The Church teaches the use of marijuana as a central tenet. The trial court concluded that defendants' beliefs did not qualify as a religion and were not sincere. At that point, the Quaintances plead guilty, conditioned on the right to appeal their Religious Freedom Restoration Act defense. (See prior posting.) 18 U.S.C. § 3143(b)(1)(B) calls for defendants' release only if their appeal raises a substantial question of law or fact on which they are likely to prevail. The Court of Appeals concluded that this standard was not met.

Court Says Religious Tattoo Was Relevant In Penalty Phase of Murder Trial

In Robles v. Quarterman, 2009 U.S. Dist. LEXIS 17126 (SD TX, March 6, 2009), a Texas federal district court rejected a convicted murderer's free exercise challenge to evidence introduced in the penalty phase of his state court trial. The prosecution introduced into evidence defendant's tattoo that depicted a demon eating Christ's brain. The prosecutor also made reference to the tattoo in closing argument in the penalty hearing. The court concluded that this was permissible since the tattoo was relevant to a material issue, the defendant's violent character and the likelihood that he would commit future acts of criminal violence.

10th Circuit Hears Arguments In Utah Highway Patrol Cross Case

The U.S. 10th Circuit Court of Appeals yesterday heard oral arguments in American Atheists, Inc. v. Duncan. (AP). The case involves an Establishment Clause challenge to crosses placed on public property by the Utah Highway Patrol Association to memorialize state Highway Patrol officers who died in the line of duty. The district court rejected the challenge, holding that the cross can be seen as a secular symbol of death and burial. (See prior posting.) The Becket Fund issued a press release describing oral argument:

During the argument, the judges expressed concern about whether Utah's policy would prevent troopers' families from displaying the symbols of other religions such as Stars of David.... The court also expressed interest in how this case tests the boundaries of the Supreme Court's recent decision in Pleasant Grove City v. Summum. Summum set the standard for deciding when permanent monuments are government speech, and when they are private speech. Two of the three judges in the original Summum panel are hearing this appeal, and the lawyer for Summum is also the lawyer for American Atheists.

The appellate brief filed by American Atheists, Inc. is available on Westlaw at 2008 WL 3285457. Westlaw also links to all the other briefs filed in the case. The brief filed for the Utah Highway Patrol Association, and several amicus briefs supporting their position, are linked from this ADF press release.

Saudi Court Sentences Elderly Widow To Prison and Lashes For Meeting With Men

Saudi Arabia's Commission for the Promotion of Virtue and Prevention of Vice and local Saudi courts are again under attack for their strict enforcement of Islamic law. CNN and the London Telegraph yesterday reported on the conviction of a 75-year old widow who was charged by religious police with meeting in her home with two unrelated 24-year old men-- one of whom was her deceased husband's nephew. They were bringing her several loaves of bread. Syrian-born Khamisa Sawadi has been supported by neighbors since her husband's death. She was sentenced to 40 lashes, four months imprisonment and deportation from the Kingdom for mingling with men who are not immediate relatives. The two men were also sentenced to prison terms and lashes. Sawadi had unsuccessfully argued that her husband's nephew was considered her son under Islamic law because she had nursed him as an infant. Sawadi's lawyer, Abdel Rahman al-Lahem, says he will to appeal the conviction.

President Reverses Policy on Federal Funding of Stem Cell Research

Today President Barack Obama signed an Executive Order (full text ) lifting the ban on federal funding for embryonic stem cell research. In remarks (full text) delivered before signing the Order, the President referred to the religious debate that has surrounded the issue:

[I]n recent years, when it comes to stem cell research, rather than furthering discovery, our government has forced what I believe is a false choice between sound science and moral values. In this case, I believe the two are not inconsistent. As a person of faith, I believe we are called to care for each other and work to ease human suffering. I believe we have been given the capacity and will to pursue this research – and the humanity and conscience to do so responsibly.

It is a difficult and delicate balance. Many thoughtful and decent people are conflicted about, or strongly oppose, this research. I understand their concerns, and we must respect their point of view.

But after much discussion, debate and reflection, the proper course has become clear. The majority of Americans – from across the political spectrum, and of all backgrounds and beliefs – have come to a consensus that we should pursue this research. That the potential it offers is great, and with proper guidelines and strict oversight, the perils can be avoided.

The President added some assurances:

We will develop strict guidelines, which we will rigorously enforce, because we cannot ever tolerate misuse or abuse. And we will ensure that our government never opens the door to the use of cloning for human reproduction. It is dangerous, profoundly wrong, and has no place in our society, or any society.

Reactions from religious groups, which came quickly after news of plans for today's Executive Order became known on Friday, varied. The Interfaith Alliance called the decision "good news for science and religion," saying that "the ban instituted by President Bush was based on the views of a select group of faiths rather then on sound science." JTA reports that Jewish groups also praised Obama's decision, focusing on the importance in Judaism of saving lives. The Vatican on the other hand strongly condemned the policy reversal. The International Herald Tribune quotes from an article in Saturday's L'Osservatore Romano which called embryonic stem cell research "deeply immoral." The Family Research Council issued a statement on Friday calling the move by the President "yet another deadly executive order."

UPDATE: The White House List of Attendees at the President's signing of the Stem Cell Executive Order and Scientific Integrity Presidential Memorandum includes seven religious leaders: (1) Maureen Shea, Episcopal Church USA Director of Government Relations; (2) James Winkler, United Methodist Church Secretary of the General Board of Church and Society; (3) Rabbi Steve Gutow, Jewish Council for Public Affairs; (4) Rev. Welton Gaddy, Interfaith Alliance; (5) Nancy Ratzan, National Council of Jewish Women; (6) Nathan Diament, Union of Orthodox Jewish Congregations; (7) Rabbi David Saperstein, Religious Action Center for Reform Judaism.

Former Catholic Schools Try To Still Teach Values As Public Charter Schools

Today's New York Times reports on the effort to maintain Catholic values in seven Washington, D.C. parochial schools that converted to publicly funded charter schools this year. Instead of opening each day with the Lord's Prayer, students recite the school's honor code. Much of the curriculum focuses around 10 core values. Many students and teachers however still miss religion classes, references to scripture and the crosses that used to hang in classrooms.

Connecticut Bill Would Reform Financial Management of Catholic Parishes

In Connecticut, the Catholic Church is strongly criticizing a bill introduced in the state legislature last week to reform oversight of finances in Catholic parishes. Yesterday's Stamford (CT) Advocate reports that Raised Bill No. 1098 (full text) was introduced in response to the conviction of a Darien (CT) priest who stole $1.4 million in donations over several years. Under the proposed bill, any Catholic parish organized as a religious corporation would be required to elect a lay board of between 7 and 13 members to manage and oversee its financial affairs. A nominee of the bishop or archbishop will serve as an ex-officio member of each parish board. The bill provides, however, that it shall not be construed to limit the power of the bishop or pastor in matters pertaining exclusively to religious tenets and practices. Complaining that the bill is an atttempt to interfere in the internal affairs of the Church, a statement by the Diocese of Bridgeport says in part:

This bill violates the First Amendment of the United States Constitution. It forces a radical reorganization of the legal, financial, and administrative structure of our parishes. This is contrary to the Apostolic nature of the Catholic Church because it disconnects parishes from their Pastors and their Bishop.... This bill, moreover, is a thinly-veiled attempt to silence the Catholic Church on the important issues of the day, such as same-sex marriage.

UPDATE: The Meriden (CT) Record and The Hour reported Tuesday that the bill has been withdrawn from consideration for this legislative session while constitutional issues surrounding laws currently governing religious groups are reviewed. Tuesday's scheduled hearing on the bill was cancelled.

UPDATE 2: Here is the full text of a letter sent by 12 prominent law professors challenging the constitutionality of the bill before it was withdrawn.

Catholic Group Says Austalian Abortion Law Violates International Treaty

Last October, the Australian state of Victoria passed the Abortion Law Reform Act of 2008. Section 8 of the Act provides that

If a woman requests a registered health practitioner to advise on a proposed abortion, or to perform, direct, authorise or supervise an abortion for that woman, and the practitioner has a conscientious objection to abortion, the practitioner must—

(a) inform the woman that the practitioner has a conscientious objection to abortion; and

(b) refer the woman to another registered health practitioner in the same regulated health profession who the practitioner knows does not have a conscientious objection to abortion.

Melbourne's The Age yesterday reports that Catholic Health Australia is calling on the federal Attorney General to declare the provision in violation of the International Covenant on Civil and Political Rights. An interpretive Comment (Par. 3) to the Covenant provides that "No one can be compelled to reveal his thoughts or adherence to a religion or belief." Attorney-General Robert McClelland so far has refused to take any action, but some senators from his own party are calling on him to reconsider.

Illinois Senate Committee Tables Proposed Change In Moment of Silence Law

As previously reported, an appeal is pending in the U.S. 7th Circuit Court of Appeals in a case which found Illinois' current moment of silence law an unconstitutional violation of the Establishment Clause. Last month, Sen. Kimberly Lightford, sponsor of the original bill, introduced an amendment to make the provision more clearly neutral and less likely to be seen as supporting prayer as the preferred alternative during the moment of silence. (Full Text of SB1658.) A Chicago Tribune column reports on the state Senate's Education Committee hearing on the amendment held last Thursday. When Lightford indicated that the proposal would likely moot the pending appeal, the Committee tabled the bill in the middle of a roll call vote, preferring to wait to see how the court rules. Eric Zorn's Tribune column says this demonstrates that proponents are motivated by the desire to encourage prayer.

Recent Articles and Books of Interest

From SSRN:

• Brian M. Lusignan, The Clause Less Taken: Pleasant Grove City v. Summum and the Establishment Clause of the Utah Constitution, (March 3, 2009).
• Frederick Mark Gedicks, Truth and Consequences: Mitt Romney, Proposition 8, and Public Reason, (March 5, 2009).
• Thomas C. Folsom, Evaluating Supernatural Law: An Inquiry into the Health of Nations (the Restatement of the Obvious, Part II), (21 Regent Law Rev. 105 (2008)).
• Susan Drummond, Polygamy's Inscrutable Secular Mischief, (CLPE Research Paper No. 2/2009).

From SmartCILP:

• Mohamed A. Elsanousi, A Growing Economic Power: Muslims in North America and Integration and Contribution to Social Justice, 9 Journal of Law In Society 100-135 (2008).
• Adam Silberlight, Thou Shall Not Overlook Context: A Look At the Ten Commandments Under the Establishment Clause, 18 Widener Law Journal 113-147 (2008).
• Meredith M. Snyder, One Nation Under God: An Examination of the New Religion Law and Its Consequences for Minority Faiths In Post-Communist Romania, 2 Columbia Journal of East European Law 233-271 (2008).
• Taylor J. Turner, Freedom Under Control: Registration of Religious Organizations in Kazakhstan, 2 Columbia Journal of East European Law 272-311 (2008).
• Religious Jurisprudence Essay Series. Essays by John W. Welch and Thomas C. Folsom. 21 Regent University Law Review 79-180 (2008-2009).

New Books:

• Jay Wexler, Holy Hullabaloos: A Road Trip to the Battlegrounds of the Church/State Wars, (Beacon Press, June 2009), author interview at Religion Dispatches.
• Bruce Ledewitz, Hallowed Secularism: Theory, Belief, Practice, (Macmillan, March 2009).

Recent Prisoner Free Exercise Cases

In Smithback v. Crain, (5th Cir., March 5, 2009), the U.S. 5th Circuit Court of Appeals held that a prisoner's religious exercise was not substantially burdened by a prison rule that prohibits drawings or messages-- including religious ones-- on the outside of envelopes being mailed from prison.

In Strope v. Cummings, 2009 U.S. Dist. LEXIS 15720 (D KS, Feb. 26, 2009), a Kansas federal district court found no substantial burden under the 1st Amendment or RLUIPA on an inmate's free exercise rights, rejecting allegations relating to religious call outs, the amount of time for Sabbath services and the quality of kosher food. In a related decision involving the same prisoner, in Strope v. McKune, 2009 U.S. Dist. LEXIS 15730 (D KS, Feb. 27, 2009), the same court rejected a related complaint regarding the availability and quality of kosher food.

In Plater v. Superintendent, Cayuga Correctional Facility, 2009 U.S. Dist. LEXIS 16225 (ND NY, March 2, 2009), a New York federal district court held that in a prisoner's challenge to denial of good time credit for failing to complete the prison's alcohol and substance abuse program, the prisoner had procedurally defaulted on his First Amendment challenge to the program. Also his challenge was vague and conclusory.

In Gresham v. Granholm, 2009 U.S. Dist. LEXIS 16092 (WD MI, Feb. 25, 2009), a Michigan federal district court rejected a prisoner's challenge to the prison's no-smoking rule. Plaintiff alleged that his right to practice his religion of white witchcraft was infringed by the rule. The court also rejected plaintiff's equal protection and 8th Amendment claims.

In Proverb v. O'Mara, 2009 U.S. Dist. LEXIS 16078 (D NH, Feb. 13, 2009), a New Hampshire federal magistrate judge, recommending dismissal of an inmate's free exercise claim, held that attendance at Bible study groups was not essential to the exercise of plaintiff's religious beliefs where no other denial of access to religious programming, services, or materials was claimed. Plaintiff had been denied access to Bible study classes for several months. Among plaintiff's numerous other claims, the court permitted him to move ahead with a challenge to a correctional officer's actions in forcing plaintiff to repeatedly state "I love Black people."

In Nickles v. Taylor, 2009 U.S. Dist. LEXIS 16832 (D NJ, March 4, 2009), a New Jersey federal district court dismissed plaintiff's challenge to the practice of furnishing Muslim inmates vegetarian meals, but not Halal meals containing meat. The court however said plaintiff could reopen the case if he is able to supplement his pleadings to demonstrate that his claim is not controlled by a prior 3rd Circuit decision on which the court relied.

Ireland Proposing to Relax Ban On Religious Advertising

Today's London Times reports that Ireland's Communications Minister Eamon Ryan plans to introduce amendments to a broadcasting bill currently being considered by the Oireachtas (Ireland's Parliament) to relax the ban on religious advertising. Currently the Broadcasting Act bans all ads "directed towards a religious end." (See prior posting.) The planned amendments would retain a ban on religious groups using ads to recruit members. However language that would call for proportionality in applying the law would eliminate current bans on such things as ads for first Holy Communion gifts and similar ads for meaningful Christmas gifts that had been proposed by the organization Veritas.

Globe Publishes Interview With Geert Wilders

Today's Boston Globe carries an interview with Geert Wilders, a member of the Dutch Parliament known for his anti-Muslim views. Last month the British government denied Wilders entry to the country after he was invited to show his controversial video "Fitna" in the British Parliament. (See prior posting.) Here is an excerpt from Wilders' Globe interview:

Islam and freedom of speech are incompatible. Cultural relativism makes it difficult to fight, because cultural relativism says that Islam is the same as Christianity. Europe is being Islamized very, very quickly. In our prisons, we have a mark in every cell indicating the direction of Mecca.... People are getting beaten up on the streets of Amsterdam and Brussels for drinking water during Ramadan. We should have a sense of urgency.

Connecticut Catholic Conference Wants Protections For Objectors To Same-Sex Marriage

On Friday, the Connecticut General Assembly's Joint Judiciary Committee held a hearing on Raised Senate Bill No. 899 that was introduced last month to implement the state Supreme Court's 2008 decision validating same-sex marriages. (Bill status.) (See prior posting.) The bill would recognize same-sex unions from other states and would merge Connecticut civil unions into marriages. One provision in the bill guaranties that clergy will not be required to solemnize same-sex marriages when doing so would violate their religious beliefs. According to Saturday's Hartford Courant, the Catholic Conference is asking the legislature to expand that provision to also protect individuals such as florists, wedding photographers and justices of the peace who refuse to be involved in same-sex wedding ceremonies.

Canadian Conscientious Objector Is Prosecuted For Refusing To File Census Form

In Brockville, Ontario, religious conscientious objector Todd Stelmach is defending himself in a prosecution under Canada's Statistics Act. Yesterday's Brockville Recorder & Times reports that Stellmach refused to file his 2006 census form because the software and data processing equipment for Canada's 2006 census was supplied by a subsidiary of U.S. defense contractor Lockheed Martin Corp. Stellmach objects to the fact that Lockheed profits from the Iraq war and has moral objections to Lockheed's manufacture of cluster bombs. Stellmach told the court that his church supports his beliefs. Stellmach is registered as a conscientious objector with the Free Methodist Church of Canada. If convicted, Stellmach faces a $500 fine and up to 3 month in jail.

New Information Shows Reagan Pressed Gorbachev On Religious Issues

Today's Wall Street Journal carries a fascinating article disclosing previously unreleased information about negotiations in 1988 between U.S. President Ronald Reagan and Soviet leader Mikhail Gorbachev. In their fourth summit meeting, Reagan made a strong plea for religious tolerance inside the Soviet Union and then moved to try to convince Gorbachev that he should personally believe in God.

D.C. Circuit Upholds Firefighters' Victory In Challenge To Ban On Beards

In Potter v. District of Columbia, (DC Cir., March 6, 2009), a case brought under the Religious Freedom Restoration Act, the D.C. Circuit Court of Appeals affirmed a district court's grant of summary judgment barring enforcement of a grooming rule against firefighters who wear beards for religious reasons. (See prior posting.) The D.C. Department of Fire and Emergency Services justified a rule that required personnel who wear face masks to be clean shaven on the ground that this was necessary for effective use of the breathing equipment used in firefighting. The Court of Appeals held that the District of Columbia, however, had already conceded that one type of respirator could safely be worn by bearded firefighters, and that these firefighters could be deployed in fire areas that permitted use of this type of equipment.

Judge Williams concurring complained that: "Unfortunately for the District, its own muddled litigation strategy rendered summary judgment for the plaintiffs a legitimate outcome." He focused on the fact that OSHA regulations-- although they do not apply to the D.C. government-- consider facial hair a problem for all kinds of respirators. The BLT reports on the decision.

German Court Orders Berlin's Anti-Scientology Poster Removed

In der Scientology Kirche Berlin v. das Land Berlin, (Berlin Administrative Court, Feb. 27, 2009) (full text in German), the Berlin Administrative Court ordered removal of an anti-Scientology kiosk that had been placed in front of Germany's Berlin Scientology Church by the government of the City of Berlin. Germany considers Scientology a business that takes advantage of vulnerable individuals. Intelligence officials have been monitoring its activities after last year considering opening formal proceedings to totally ban the Church. (See prior posting.) According to a press release from Scientology officials, the Administrative Court's decision found that in placing the large "Stop Scientology" poster on the kiosk, the city had violated the government's duty to remain neutral on religious matters. The action, according to the court, infringed Scientology's right to human dignity and to religious freedom under Arts. I and IV of Germany's Constitution. [Thanks to Susanne Reinthal for the lead.]

Proposed Oklahoma Resolutions Criticize Pro-Evolution Teaching At State University

Two House Resolutions recently introduced in the Oklahoma legislature express concern with teaching of evolution at the University of Oklahoma and oppose the invitation that has been extended to British biologist Richard Dawkins to speak on campus. HR 1014 and HR 1015 [Word.docs] are similar in content and deal with both concerns. Here is a portion of HR 1014:

[T]he Oklahoma House of Representatives hereby expresses its disapproval of the current indoctrination of the Darwinian theory of evolution at the University of Oklahoma and further requests that an open, dignified, and fair discussion of this idea and all other ideas be engaged in on campus which is the approach that a public institution should be engaged in and which represents the desire and interest of the citizens of Oklahoma
.
...[T]he Oklahoma House of Representative strongly opposes the invitation to speak on the campus of the University of Oklahoma to Richard Dawkins of Oxford University, whose published statements on the theory of evolution and opinion about those who do not believe in the theory are contrary and offensive to the views and opinions of most citizens of Oklahoma.

[Thanks Pharyngula via Scott Mange for the lead.]

Vatican Tells ICANN That Religious gTLDs Are a Problem

The Register yesterday reports on a Feb. 20 comment letter (full text) from the Vatican to ICANN expressing concern over the possible approval of Internet top level domain names that reflect religious traditions. The letter reads in part:

the Holy See would like to bring to the attention of the Board of ICANN the possible perils connected with the assignment of new gTLDs with reference to religious traditions (e.g., .catholic, .anglican, .orthodox, .hindu, .islam; .muslim, .buddhist, etc…). These gTLDs could provoke competing claims among theological and religious traditions and could possibly result in bitter disputes that would force ICANN, implicitly and/or explicitly, to abandon its wise policy of neutrality by recognizing to a particular group or to a specific organization the legitimacy to represent a given religious tradition.

A Feb. 24 response suggests that the proposed process for established institutions to file community objections to a proposed gTLD application may be a method of dealing with the Vatican's concerns, but seeks further consultations on the issue.

Save the National Day of Prayer Effort Begun

In response to a lawsuit filed last October challenging the federal law that designates the first Thursday in May as a National Day of Prayer (see prior posting), Alliance Defense Fund has begun a "Save the National Day of Prayer" campaign. Through a special website it is encouraging individuals to send a note of encouragement to NDP Task Force chair Shirley Dobson and to sign a petition to President Obama encouraging him to again this year issue a Presidential proclamation declaring a National Day of Prayer. Federal law, 36 USC 119, already requires the President so issue such a proclamation. CitizenLink reported yesterday on ADF's efforts.

Lithuania Will Pay Compensation For Confiscated Jewish Property

RIA Novosti reported yesterday that the government of Lithuania will pay $41 million in compensation for Jewish property taken by the Nazis in World War II and then retained by the Lithuanian government. The Justice Ministry's draft plan will be submitted to three Jewish social organizations for final approval. This arrangement covers property other than synagogues. Synagogues have already been returned to Jewish communities. [Thanks to Religion & Public Policy for the lead.]

Minnesota License Photo Bill Objected To By Muslims

A bill introduced into the Minnesota legislature last month, HF No. 989, has created concern among Muslims in the state. It would require that divers' licenses carry a photo showing the full head an face of the licensee. Many Muslim women who wear a head scarf for religious reasons object. State Rep. Steve Gottwalt, sponsor of the bill, says the bill is not about religion, but about public safety, according to a report last Sunday by WCCO.

UPDATE: Thursday's Tulsa World reports on a similar bill pending in the Oklahoma legislature. HB1645 passed the Oklahoma House, but its fate in the Senate is uncertain since the Department of Public Safety sees no need for the bill.

UPDATE: Thursday's Minneapolis Star-Tribune reports that the sponsor of the Minnesota bill now says he will amend it to permit individuals to wear haead coverings for religious or cultural purposes in license photos. This language would track the standards used for U.S. passport photos.

Yemeni Jewish Commuinty Protests Verdict In Murder Trial

Yesterday's Yemen Times reports that the Jewish community in Amran, Yemen is unhappy with the outcome of the murder trial of Abdul-Aziz Al-Abdi, a Muslim and a former Air Force pilot. Last year, Al-Abdi sent a letter to the Jewish community warning that he would kill them unless they either converted to Islam or left the country. Al-Abdi then shot and killed Masha al-Nahari. The court ruled that Al-Abdi, who previously murdered his wife, should be committed to a mental institution, and that Al-Abdi's family should pay YR 5.5 million ($27,480 US) as compensation to the family of the murder victim. The Amran Jewish community has issued a statement calling for a reversal of the verdict and the imposition of the death penalty instead-- even though Al-Abdi's family has threatened more killing of Jews if the death penalty were imposed. Human rights advocates say the verdict will increase hatred against Jews and some believe it will push the remaining Jews in Yemen to leave for Israel.

Religion In Schools Lawsuit Settlement Draws Community Concern

On Monday, the Santa Rosa County, Florida School Board met to approve the final draft of a consent decree in a lawsuit brought against it by the ACLU challenging religious practices in schools. (See prior posting.) Santa Rosa's Press Gazette reports on the agreed-upon terms. Prayers will not be delivered at school events. Schools will no longer sponsor religious baccalaureate services. School events will not be held at religious venues if a reasonable alternative location is available. School personnel cannot promote their personal religious beliefs to students in class or in conjunction with school events. While some churches have reacted to the lawsuit by planning a privately-sponsored baccalaureate service (see prior posting), other religious groups in the community are more in a protest mode. Reverend Matthew Cotten has created a group called OK2Pray that will meet in front of Pace High School on a Saturday later this month. And according to North Escambia.com, on another Saturday this month, some 14 churches will meet on the baseball field at Jay High School to pray for the students to "encourage them to stand in their faith."

UPDATE: On May 6, the Florida federal district court approved the consent decree (full text) in Doe v. School Board for Santa Rosa County, Florida, (ND FL, May 6, 2009). (ACLU Press Release).

Christian Teachers Question Britain's Proposed Code of Conduct

In November 2008, the General Teaching Council for England published for comment a Draft Code of Conduct and Practice for teachers. GTCE is the professional regulatory body for teaching, and the Code is an attempt to "set out in one place the expected norms of teachers' professionalism and practice, which apply to all teachers, no matter what subject or age of children they teach, their role or level of experience, or the context in which they work." (FAQ). (Also see additional background material.) LifeSite News reported yesterday that Christian and other religious groups are concerned about one of the draft Code's eight principles which calls on teachers to "promote equality and value diversity." Expanding on the principle, the Code calls on teachers to "proactively challenge discrimination." Opponents say this could be read as an attack on the right of publicly-funded faith schools to select leaders of their own religion. They also argue that requiring Christian teachers to proactively oppose homophobia is essentially ordering them, in violation of their religious beliefs, to promote homosexuality as normal and acceptable.

Competing Texas Groups Want To Use Episcopal Disocese of Ft. Worth Name

The Episcopal Diocese of Ft. Worth (TX) is one of a number of congregations and dioceses that have disaffiliated from the Episcopal Church USA and affiliated with the more conservative Anglican Province of the Southern Cone. According to Virtue Online yesterday, the first steps have now been taken in a legal battle over use of the name "Episcopal Diocese of Ft. Worth." After the diocese broke away, the Episcopal Church appointed a new Provisional Bishop for the continuing ECUSA diocese. The Chancellor of the ECUSA diocese has written the break-away bishop, Jack Iker, requesting that he cease using the name, logo and emblems of the "Episcopal Diocese of Ft. Worth," and that he turn over the diocesan seal. The Episcopal Diocese of Fort Worth, with Bishop Iker as its head, however is the group incorporated under that name by the Texas Secretary of State. Another group cannot, under state law, incorporate using the same name.

Tony Blair Interviewed On Religion In Britain

Yesterday's London Telegraph reports on an interview with former British Prime Minister Tony Blair published in the Church of England Newspaper. Blair, who converted to Catholicism after he left office, lamented: "in general terms in British society there is a risk that people see faith as a personal eccentricity." He added: "The real test of a religion is whether in an age of aggressive secularism it has the confidence to go out and make its case by persuasion." Blair also talked about the controversy while he was Prime Minister between the government and Catholic adoption agencies over adoption by same-sex couples.

Preliminary Injunction Denied Over Louisiana University's Speech Rules

AP reports that yesterday a Louisiana federal district judge refused to grant a preliminary injunction in a suit against Southeastern Louisiana University by a traveling evangelist who sued to challenge the University's policy that requires administrative approval one week in advance for an individual to make a speech or presentation on campus. Evangelist Jeremy Sonnier was holding a sign and speaking with students near a campus plaza when a campus police officer informed him of the permit requirement. A dispute between them followed. (See prior related posting.)

Spectre of Legal Polygamy In Canada Raises Tax, Retirement, Insurance Issues

With a constitutional challenge pending in Canada to British Columbia's anti-polygamy laws (see prior posting), an investment professional is already looking at a number of collateral legal issues that will arise if polygamy is legalized. Morningstar today carries an article by Steven G. Kelman suggesting that changes in pension, retirement plan and income tax laws will be needed. Among the issues that will need attention are whether more than one surviving spouse can receive the now tax-deferred rollover of spousal assets. Meanwhile private insurance companies will need to rethink the premiums and coverage of health insurance that includes spouses.

Decision Reflects Limited Success In Hindu Challenge To California Textbooks

California Parents for the Equalization of Educational Materials v. Noonan, 2009 U.S. Dist. LEXIS 15889 (ED CA, Feb. 26, 2009), is the latest in a series of state and federal decisions involving challenges to the process and substance of 6th-grade social science textbook changes adopted in 2005-2006 by the California State Board of Education. (See prior posting.) At issue is the manner in which Hinduism is portrayed, and the controversy to some extent reflects differences between groups within the Hindu community. In this California federal district court lawsuit, a group of Hindu and Indian parents (CAPEEM) claimed that the adopted textbooks portray Hinduism in a discriminatory and denigrating manner. The court rejected most, but not all, of the challenges filed by CAPEEM.

The court held that CAPEEM lacks standing to bring an Establishment Clause claim charging unlawful Christian and Jewish indoctrination of students since that was not one of CAPEEM's organizational purposes. It also lacks standing to challenge the text book portrayal of religions other than Hinduism. However, the court found that CAPEEM does have standing to complain about the treatment of Hinduism in textbooks and to challenge disparate treatment in the textbook adoption process. On the merits, the court rejected plaintiff's Establishment Clause and equal protection challenges to the portrayal of Hinduism, and plaintiffs' claims that their speech and association rights were infringed. However the court held that plaintiffs survived a summary judgment motion on their equal protection challenge to the textbook adoption process.

Court Lifts TRO In Dispute Between Former Amish Man and Loan Society

In Stoltzfus v. Old Order Amish Helping Program, (ED PA, Feb. 26, 2009), a Pennsylvania federal district court lifted a temporary restraining order it had previously issued in a dispute between an former member of the Amish faith and an organization that loans funds to members of the Amish faith. Today's Lancaster (PA) Intelligencer Journal reports on the background of the lawsuit.

Daniel Stoltzfus operated a metal working business that had borrowed $300,000 from the Old Order Amish Helping Program. Stoltzfus claims that leaders of the Amish Council of Lancaster took various actions against him and his business after he announced he had become a born again Christian. They also objected to Stoltzfus doing business with a Jewish businessman. Stoltzfus was told not to expand his business, and his employees were told to stop working for him or else they would be shunned from the Amish community. Council members attempted to get Stoltzfus' wife to leave him and filed unfounded complaints of child abuse against Stoltzfus. Interest rates on his mortgage were raised and his insurance was cancelled, leading Stoltzfus to default on his mortgage payments. The court's lifting of the TRO was based largely on the fact that many of plaintiff's complaints were already the subject of state court and bankruptcy court adjudications.

9th Circuit Says Respondeat Superior Claims Can Be Asserted Against Holy See

In Doe v. Holy See, (9th Cir., March 3, 2009), the U.S. 9th Circuit Court of Appeals partially affirmed and partially reversed a 2006 Oregon federal district court decision that rejected the Vatican's sovereign immunity claim in a lawsuit against it by a victim of a priest's sexual abuse. (See prior posting.) The 9th Circuit's conclusions were reflected in a per curiam opinion, that was accompanied by a concurrence and a dissent.

The court's controlling opinion first held that while denial of immunity to a foreign sovereign is an appealable order, plaintiff's cross-appeal on whether the claim falls within the commercial activity exception to the Foreign Sovereign Immunities Act is not subject to an interlocutory appeal. The court also concluded that "Doe has not alleged sufficient facts to overcome the 'presumption of separate juridical status'" for the Archdiocese of Portland, Oregon, the Catholic Bishop of Chicago and the Order of the Friar Servants. Thus their acts are not attributable to the Vatican.

In connection with plaintiff's claim against the Vatican for negligent retention, supervision and failure to warn of the abusive priest, the court held that the Holy See is shielded from tort claims because the alleged negligence arose from a discretionary function. However, the court held that the pleadings adequately alleged respondeat superior liability that can be reached under FSIA's tortious act exception:

Doe has clearly alleged sufficient facts to show that his claim is based on an injury caused by an "employee" of the foreign state while acting "within the scope of his . . . employment," as required to come within the FSIA's tortious act exception. § 1605(a)(5).

The case was remanded to the district court for a determination of whether plaintiff can prove these allegations.

Judge Fernandez, concurring, also urged giving the parties additional guidance, saying: "if we had jurisdiction I would not apply the commercial activity exception to this case."

Judge Berzon, dissenting in part, argued that the court has jurisdiction to decide-- and should conclude-- that the commercial activity exception is an alternative ground on appeal on which to affirm the district court's denial of immunity that was based on a different rationale below. Thus she would have permitted plaintiff to proceed with the negligent retention and supervision and the failure to warn claims. She would also have rejected the Vatican's free exercise challenge to jurisdiction, finding that foreign sovereigns are not protected by the First Amendment. AP yesterday reported on the decision. [Thanks to Bob Ritter for the lead.]

Suit Challenges School's Limits on "See You At the Pole" Posters

Yesterday, four sets of parents filed a federal lawsuit against the Wilson County, Tennessee Board of Education and various school officials challenging Lakeview Elementary School's restrictions on student posters advertising the annual "See You At the Pole" prayer event. The school banned posters containing religious references, and required parents to cover over religious references on posters that families had made and had already put on display in the school. The complaint (full text) in Gold v. Wilson County School Board of Education, (MD TN, filed 3/3/2009) alleges that the school's action violates plaintiffs' freedom of speech, the Establishment Clause and the 14th Amendment's due process and equal protection clauses.

The school's limitation on posters was instituted after a federal court in another lawsuit barred Lakeview school administrators and teachers from promoting or taking part in the student "See You At the Pole" event and ordered that any student flyers or posters promoting the event contain a disclaimer indicating the event is not endorsed by the school. That lawsuit broadly challenged activities by a parents' group in the school known as "Praying Parents." (See prior posting.) Alliance Defense Fund issued a press release announcing yesterday's lawsuit. The release contains links to photos of the disputed posters. It also links to Plaintiff's Motion for a Preliminary Injunction and the memorandum in Support of the Motion. Yesterday's Tennessean also reports on the lawsuit.

Pennsylvania Buys Bibles For Its Legislators

The Philadelphia Inquirer reported last week that the Pennsylvania state General Assembly spent $13,700 this year purchasing Bibles and other books for legislators to use in taking their oaths of office last month. It has been traditional for decades in the state for each legislator to receive a personalized holy book at government expense at the beginning of each term. They have a choice of over a dozen alternatives. 196 of the 203 members took up the offer this year, with the New American Catholic Bible being the most popular pick. One legislator who used his own Bible to take the oath nevertheless ordered a copy of the Qur'an at state expense because he had always wanted to read it. Americans United yesterday issued a press release criticizing the state's policy.

New Mexico Orders Religious Curriculum In State-Operated Home School Removed

Yesterday's Farmington NM Daily Times reports on the church-state controversy at Family Home School in Bloomfield, NM. The school, begun 11 years ago, is operated in a portable building on the campus of a public elementary school in the Bloomfield School District. It serves children in grades K-4 whose parents have chosen this alternative. Teacher Kathy Harper uses a well-known Christian curriculum purchased from A Beka Academy. Typically home school families and private institutions use the curriculum. Last month, state education secretary Veronica García wrote Bloomfield Superintendent Randy Allison ordering the curriculum to be withdrawn. State law prohibits religious curriculum from being taught in public schools. The school district has requested permission to keep the curriculum until the end of the year to avoid disruption of teaching.

Cameroon Government Will Share Cost of Pope's Visit With Church

All Africa reported yesterday that the government of Cameroon and the Church will share the cost of Pope Benedict XVI's visit to the country later this month. Expenses borne by the Church include transportation and part of the cost of housing for some 120 high-ranking Catholic clergy from around Africa. The government will bear the costs of venues for the Pope's public events as well as items like communication and security. The Pope will meet with Muslim and Protestant leaders, as well as the Bishops of Cameroon.

Recent Prisoner Free Excercise Cases

In Sylvester v. Cain, (5th Cir., Feb. 20, 2009), the U.S. 5th Circuit Court of Appeals rejected plaintiff's claim that he was he was retaliated against on the basis of his religion when he filed a grievance. It also refused to consider a RLUIPA claim that had not been raised below.

In Barhite v. Caruso, 2009 U.S. Dist. LEXIS 13609 (WD MI, Feb. 23, 2009), a Michigan federal district court held that plaintiff inmate had not shown that his religious exercise was burdened when prison authorities removed pictures of young women from his possession. He claimed that they were taken because he was a Mormon after a Texas raid on and FLDS complex that led to removal of children.

In Jordan v. Caruso, 2008 U.S. Dist. LEXIS 98649 (WD MI, Dec. 8, 2008), a Michigan federal district court refused to dismiss free exercise claims brought by an African-American Jewish inmate who alleged that he was not excused from work on Saturdays and was not permitted to attend religious services by video conference equipment.

In Davis v. Hawaii, 2009 U.S. Dist. LEXIS 14004 (D HI, Feb. 23, 2009), an Hawaii federal magistrate judge granted defendants' motion to transfer to an Arizona federal district court a prisoner's claim that his rights were violated when Arizona prison officials prevented him from practicing his Native Hawaiian religion when they failed to hold a Makahiki closing ceremony feast.

In Corbeil v. Moore, 2009 U.S. Dist. LEXIS 14388 (WD LA, Jan. 30, 2009), a Louisiana federal magistrate judge dismissed an inmate's complaint that he was denied a kosher diet by prison authorities.

In Ahmed v. Willis, 2009 U.S. Dist. LEXIS 14245 (ED VA, Feb. 23, 2009), a Virginia federal district court dismissed plaintiff's claims under RLUIPA and the 1st Amendment challenging his removal from the Ramadan fasting list.

Indian State Proposes Controlling Board For Church Property

In the Indian state of Madhya Pradesh, the government is taking steps to form an agency to manage Catholic Church properties, including cemeteries, similar to the Muslim Wakf Board that manages Muslim religious properties. Calcutta's Telegraph reported Saturday that Church leaders plan to file suit in the Jabalpur High Court to prevent implementation of the plan. The state's Minorities Commission says the proposal is designed to increase transparency in management of Church properties.

Supreme Court Remands Companion Summum Case To 10th Circuit

As previously reported, last week the U.S. Supreme Court decided Pleasant Grove City v. Summum, holding that Pleasant Grove City, Utah need not acccept a "Seven Aphorisms" monument for a local park. In the 10th Circuit Court of Appeals below, there was a companion case decided at the same time, Summum v. Duchesne City, which involved a more complicated version of the same sort of underlying dispute. In that case, the only display already in the city's park was a 10 Commandments monument, and the city attempted to avoid Summum's request by transferring the land under the Ten Commandments display to a private party. (See prior posting.)

A petition for cert. had been filed in this companion case as well, but had never been acted upon by the Court. (See prior posting.) Today, in a brief order (Docket No. 07-690), the Court granted certiorari, vacated the judgment below and remanded the case for further consideration in light of the decision in the Pleasant Grove City case. Interestingly, the Court has also granted cert. this term in a case involving land transfers in order to avoid Establishment Clause concerns. (See prior posting.) However the "government speech" holding in the Pleasant Grove City case may be dispositive in the case remanded today, regardless of the Court's resolution on land transfers.

Cert. Denied In Ban on Coach Joining Team In Prayer

The U.S. Supreme Court today denied certiorari in Borden v. School District of East Brunswick, (Docket No. 08-482, March 2, 2009) (Order List.) In the case, the 3rd Circuit upheld the East Brunswick, New Jersey School District’s policy prohibiting faculty participation in student-initiated prayer. The lawsuit was filed by high school football coach Marcus Borden who wished join with his team in bowing his head during the team's pre-meal grace and kneeling during a team-led prayer in the locker-room. (See prior posting.)

State Education Officials Examine Tutor's Scientology-Related Techniques

Yesterday's Atlanta Journal Constitution reports that Georgia education officials, in conducting their annual inspection of a tutoring organization, Applied Scholastics, are looking carefully at its use of teaching techniques developed by Scientology founder L. Ron Hubbard. At issue is the question of whether Applied Scholsatic's program is secular, or instead is a disguised method of teaching Scientology. Georgia's state Department of Education approves and monitors tutors that are available for selection by parents of children who fail to meet federal academic standards. Tutors are paid with federal funds.

City's Construction Aid To Historic Church Is Questioned

In 2005, Carson City, Nevada city officials refused to grant First Presbyterian Church a permit to tear down its historic building and construct a new one. The old building, located in an historic district, had ties to Mark Twain who helped build it in the 1860's. However, the city did agree that it would aid the congregation fund the cost of a new building on an adjacent site. In 2006, the city gave the church $67,700 for design costs, and last month supervisors voted the church another $78,800 for sidewalks, landscaping and roof repairs. Now, according to yesterday's Los Angeles Times, Americans United says the funding raises a church-state issue, and threatens to file suit if the Board of Supervisors does not rescind last month's vote.

UPDATE: The Los Angeles Times reported on April 6 that Americans United has decided not to sue at this time because of the reluctance by courts to force religious institutions to return funds already awarded. However AU says it will sue if the city decides to make any more payments in the future.

Malaysia Will Permit Christian Publications To Use Term "Allah"

In Malaysia, the government's Home Ministry has issued an order under the internal Security Act declaring that the use of the word "Allah" in Christian publications is no longer prohibited. The Sun reported last week however that the Feb. 16 order requires any Christian publication using the term to carry in large type on the front cover the statement: "FOR CHRISTIANITY." The newspaper Catholic Herald has been in a dispute for some time with government officials over the paper's use of the term. (See prior posting.) The paper is studying the implications of the new order. (The Star 2/27.)

Recent Articles and Book Of Interest

From SSRN:

• Miranda Perry Fleischer, Theorizing the Charitable Tax Subsidies: The Role of Distributive Justice, (U Illinois Law & Economics Research Paper No. LE09-006, Feb.24, 2009).


• Jeanne L. Schroeder, Totem, Taboo and the Concept of Law: Myth in Hart and Freud, (Cardozo Legal Studies Research Paper No. 253, Feb. 24, 2009).


• Ajay K. Mehrotra, "Render Unto Caesar . . .": Religion/Ethics, Expertise, and the Historical Underpinnings of the Modern American Tax System, (Loyola University Chicago Law Journal, Vol. 40, 2009).

From SmartCILP:

• Raymond B. Marcin, God's Littlest Children and the Right to Live: The Case for a Positivist Pro-Life Overturning of Roe, 25 Journal of Contemporary Health Law & Policy 38-75 (2008).

New Book:

• Lisa A. Runquist & Jeannie Carmedelle Frey, Guide to Representing Religious Organizations, (ABA, Feb. 2009).

California Muslims Distressed After Disclosure of FBI Infiltration of Mosques

Today's Los Angeles Times reports that local Muslims are dismayed after revelations last week that during 2006 and 2007 the FBI used an informant to attend several Orange County (CA)mosques to gather evidence against Afghanistan-born Ahmadullah Sais Niazi who authorities say had ties to Al Qaeda. Since the disclosures, some Muslims are avoiding mosques and praying at home. Others are reducing their contributions to mosques to avoid attracting attention, or donating in cash to avoid creating records. Some mosques are asking speakers to avoid issues like U.S. foreign policy in their sermons.

Episcopal Diocese Sues To Gain Title To Property of Dissident Philadelphia Parish

Last week, according to Virtue Online, the Episcopal Diocese of Pennsylvania filed suit in a Pennsylvania state court seeking to recover the property and assets of Philadelphia's Rosemont Church of the Good Shepherd. While the parish has not formally dissociated itself from the Episcopal Church, the complaint (full text) in Protestant Episcopal Church of the Diocese of Pennsylvania v. Church of the Good Shepard Rosemont, Pennsylvania, (Com Pl, filed 2/19/2009), alleges that those in control of Good Shepard no longer consider the parish to be a constituent part of the Diocese of Pennsylvania or the Episcopal Church. It says that the parish has ceased to act in accord with the Constitution and Canons of the Episcopal Church. In 2002, Bishop Charles Bennison inhibited and "deposed" the parish's leader, Rev. David Moyer, who has been ordained as Bishop by the more conservative Traditional Anglican Union. Last year, a state trial court rejected Moyer's suit that claimed the diocese engaged in fraud when it asserted that Moyer had "abandoned the communion of the Episcopal Church." (See prior posting.)

Catholic Cardinal May Be Appointed To House of Lords for First Time In 500 Years

AP reported yesterday that for the first time in nearly 500 years, a Catholic Archbishop may be appointed to Britain's House of Lords. Prime Minister Gordon Brown raised speculation on the possibility in response to a reporter's question ofnwhether Cardinal Archbishop Cormac Murphy-O'Connor who is retiring later this year is in line for a seat. Brown responded: "These are things to be discussed at a later stage." There are 26 bishops from the Church of England in the House of Lords, and retired chief rabbis have been appointed.However relations with the Catholic Church have been an issue since the 16th century when King Henry VIII broke with the Vatican over its refusal to grant him an annulment.

Questions Continue On Improper Proselytizing In Military

Today's New York Times reports that questions persist on whether the military continues to be involved in improper religious proselytizing. An official military suicide-prevention video shows former Pittsburgh Steelers quarterback Terry Bradshaw talking about how Christian prayer helped him through bouts of depression. The Pentagon says it has received 50 complaints of religious discrimination from all branches of the military from 2005 to 2007. In another incident, a former Air Force Reserve fighter pilot says he received a negative certification and ultimately lost his flying certification after writing a letter complaining about Christian prayers at homecoming ceremonies for service personnel returning from Iraq and Afghanistan. A lawsuit challenging improper promotion of religion in the military is pending in federal court. (See prior posting.)

Meanwhile, the Obama administration may be more sympathetic to complaints about church-state breaches in the military than was the Bush Pentagon. Last week for the first time, a member of the Joint Chiefs of Staff met with activist Mikey Weinstein, head of the Military Religious Freedom Foundation. Air Force chief of staff, Gen. Norton A. Schwartz, acknowledged to Weinstein that there is a problem. But retired General Bruce L. Fister, executive director of the Officers’ Christian Fellowship, said: "the problem is that Christians are going to operate one way or the other, and whenever the church has been persecuted, it’s grown stronger."

Nebraska Appeals Court Dismisses Suit Against God

AP yesterday reported that the Nebraska Court of Appeals has dismissed a lawsuit filed by former state Senator Ernie Chambers against God, seeking an injunction to stop His causing, death destruction and terror through various natural disasters. Last October, a Douglas County (NE) trial judge dismissed to suit because God had not been served with process. (See prior posting.) Chambers appealed arguing that since God is all-knowing, defendant has notice of the lawsuit. Now the Court of Appeals has vacated the judgment saying that courts will not decide abstract questions or hypothetical or fictitious issues.

Likely Nominee To Head EEOC Is Disclosed

The Washington Post reported Saturday that Cassandra Butts is likely to be President Obama's nominee to chair the Equal Employment Opportunity Commission. Butts, a former Harvard Law School classmate of Obama's, is currently deputy White House counsel. Formerly she had positions with NAACP Legal Defense Fund, was on House minority leader Richard Gephardt's staff and was a senior vice president for domestic policy at the Center for American Progress. The EEOC enforces federal employment discrimination laws, including laws banning religious discrimination in employment.

Vatican Says Statement By Holocaust Denying Bishop Is Insufficient Apology

On Thursday, Zenit published an apology of sorts from Lefebvrite Bishop Richard Williamson in connection with his comments denying the Holocaust. Earlier this month, Pope Benedict XVI lifted Williamson's long-standing excommunication, along with that of 3 other right-wing bishops. (See prior posting.) However, following protests, the Pope told Williamson that he must recant his Holocaust views to be fully reinstated. (See prior posting.) According to the New York Times on Friday, Williamson's recent apology is not seen by the Vatican as sufficient to restore him to full communion with the Church. Apparently in recent weeks, Williamson has contacted another Holocaust denier, David Irving, for assistance in assessing the Holocaust. Irving served 13 months in prison in Austria for "glorifying ... the German Nazi Party."

Local Sex-Offender Residence Restrictions Invalidated In Aftermath of Religious Issue

After losing a free exercise challenge to sex offender restrictions that prohibited him from living within walking distance of a synagogue in Rockland County, New York (see prior posting), Yoel Oberlander succeeded last month in invalidating on other grounds a local law that created "pedophile-free child safety zones" in the county. In People v. Oberlander, (Sup. Ct., Jan. 22, 2009), a New York state trial court held that the local ordinance is pre-empted by a less restrictive state law. The lawsuit was filed after the Probation Department rejected 15 different residence locations proposed by Oberlander.

U.S. Withdraws From Further Participation In Durban II Conference

The U.S. State Department announced Friday (press release) that the U.S. is withdrawing from further participation in the United Nations Durban Review Conference and will re-engage only if dramatic revisions are made in the document being drafted for the Conference. It said the current draft "has gone from bad to worse." The United States and Israel walked out of the first Conference, held in Durban in 2001, because of the anti-Semitic and anti-Israel focus of many participants. Now, after preliminarily participating in planning sessions for Durban II (see prior posting), the U.S. essentially joins Canada and Israel which have already announced they will boycott this year's Conference. The U.S. is concerned not just about the anti-Israel focus of the current Conference draft document, but also about its endorsement of a ban on "defamation of religion" and its language on reparations for slavery.

However, attempting to maintain a U.S. presence in United Nations human rights efforts, the State Department also said the U.S. would return as an observer at this month's session of the U.N. Human Rights Council, even though it is concerned about the trajectory of discussions there. Reporting on developments, the Washington Post points out that the Bush administration withdrew HRC observers last June.

HHS Will Propose Repeal of Recent Health Care Conscience Regulations

The Washington Post today reports that the Obama administration will issue for comment a proposal to rescind the conscience regulations covering health care workers adopted in the final days of the Bush administration. Those rules prohibit state and local governments, as well as health care institutions, that receive federal funds from discriminating against those who object to furnishing abortion, sterilization and various other services. (See prior posting.) A Department of Health and Human Services spokesman suggested that the Obama administration favors a narrower rule protecting conscience rights of those who object to abortion, but it opposes the recent regulations that cover a wide range of other services as well. A compromise could arise after comments are filed during the 30-day comment period that will be provided.

James Dobson Steps Down As Chairman of Focus on the Family

James Dobson has stepped down as chairman of Focus on the Family, the conservative Christian pro-family group he founded in 1977. According to CBN News today, the 72-year old Dobson wants to make way for new, younger leadership. Jim Daly, president and CEO of the organization will take over as chairman. Dobson will continue to host the organization's daily radio program and speak out on moral issues. The AP says Dobson's move is part of a succession plan begun 6 years ago. Reactions both by Dobson's friends and detractors were quick to come. Gary Bauer, president of American Values and chairman of the Campaign for Working Families, said of Dr. Dobson and his wife Shirley: "They have been warriors for faith, family and freedom, and I trust they will continue to fight the good fight for many more years to come."

Barry W. Lynn, executive director of Americans United for Separation of Church and State, issued a statement saying in part: "Focus on the Family is merely rearranging the deck chairs on its big, intolerant ship. I do not expect this change to mean we will see any moderation in the rhetoric of Focus on the Family or its arm in Washington, the Family Research Council. For years, FOF has been the leading voice of religious extremism and intolerance in America."

Nonprofits Oppose Obama Budget Plan Limiting Some Charitable Deductions

President Obama yesterday released his budget proposals in a 140-page document titled A New Era of Responsibility: Renewing America's Promise. One provision is controversial among non-profit groups, including a number of religious organizations. For families with incomes over $250,000, itemized tax deductions (including charitable deductions) would be at only a 28% tax rate instead of 35%. The additional revenues generated would help expand health insurance coverage. Today's New York Times says that "wealthy donors and the nonprofit groups they support were in an uproar" over the proposal. However it goes on to report that surveys indicate few wealthy donors are likely to reduce their giving as a result of the change and many high-income donors are already capped at 28% because of the alternative minimum tax. A statement opposing Obama's plan issued by United Jewish Communities however argues that "any reduction in the tax benefits available for charitable giving will have a significant negative impact on giving."

State Department Releases Annual Country Reports on Human Rights

The U.S. State Department yesterday issued its 2008 Country Reports on Human Rights Practices evaluating strengths and weaknesses in each nation around the world. Concerns over restrictions on religious freedom and religious discrimination in various countries are among the broad range of human rights items covered. The press conference releasing the reports began with remarks by Secretary of State Hillary Clinton, followed by a briefing from Acting Assistant Secretary for Democracy, Human Rights and Labor Karen Stewart. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

Senate Votes To Ban Reimposition of Fairness Doctrine On Broadcasters

On an issue that has been seen as particularly important by religious broadcasters (see prior posting), the U.S. Senate yesterday voted 87-11 to prevent the Federal Communications Commission from repromulgating the Fairness Doctrine. In a separate amendment the Senate also voted to continue the policy of encouraging diversity in communication media ownership, and to require that the airwaves be used in the public interest.

AP, reporting on the amendments that were added to the District of Columbia Voting Rights Act, indicated that President Barack Obama has already said he does not intend to revive the Fairness Doctrine. Dan Gilgoff, on his God & Country blog, quotes Indiana Rep. Mike Pence who says: "The revival of the fairness doctrine is an existential threat to Christian radio. Requiring Christian stations to carry competing worldviews on issues like marriage and sanctity of life—these stations are ministries, and it's not something they're prepared to do." The Senate also added a gun rights amendment to the D.C. Voting Rights Act, and then by a vote of 61-37 sent the entire bill on to the House.

Illinois Moment of Silence Decision Will Be Appealed

Suburban Chicago Daily Herald reported yesterday that the Illinois Attorney General's office will file an appeal to the U.S. 7th Circuit Court of Appeals in Sherman v. Township High School District 214, (ND IL, Jan. 21, 2009). In the case, a federal district court enjoined enforcement of Illinois "Moment of Silence" law. The law calls for each school day to begin with a brief period of silence for prayer or reflection. (See prior posting.) [Thanks to Scott Mange for the lead.]

Group Criticizes German Laws On Teachers Wearing Religious Garb

Human Rights Watch yesterday released an extensive report titled Discrimination in the Name of Neutrality-- Headscarf Bans for Teachers and Civil Servants in Germany. The Executive Summary describes the Report's conclusions:

After examining the laws and policies in the eight German states that restrict the wearing of religious symbols, and how they are applied in practice, Human Rights Watch has found that they contravene Germany’s international obligations to guarantee individuals the right to freedom of religion and equality before the law. These laws (either explicitly or in their application) discriminate against Muslim women, excluding them from teaching and other public sector employment on the basis of their faith.

Those states that ban religious clothing but still allow Christian symbols explicitly discriminate on the grounds of faith. In any event, in all eight states the ban is applied specifically against Muslim women who wear the headscarf.... The measures effectively force women to choose between their employment and the manifestation of their religious beliefs, violating their right to freedom of religion and equal treatment.

Jurist discusses the Report, as does Deutsche Welle.

Arkansas Senate Committee Defeats Attempt To Allow Guns In Churches

In Arkansas, gun rights proponents have failed in their efforts to remove the state ban on carrying concealed weapons in churches. ABP reported yesterday that by a voice vote, a committee of the Arkansas Senate rejected HB 1237 that had been passed by the House (see prior posting). The bill would have amended the state's concealed-carry law to allow firearms in places of worship unless signs were posted by the church prohibiting them. Proponents of the measure had argued that "self-defense is a moral decision, and that decision should not be made for churches by the state."