Islamists Demand Additional Concessions On Islamic Law In Pakistan

Last week, Pakistan's President Asif Ali Zardari signed the Nizam-e-Adl Regulation 2009, implementing Islamic law in the Malakand division of the Northwest Frontier Province. (See prior posting.) Under an arrangement with the Taliban, a special bench of the Peshawar High Court was to be set up, to be renamed Dar-ul-Quza (Qazi court), and a Sessions judge —to now be called Qazi — will hear cases with an Alim-e-Din (Quranic scholar) who will decide "religious technicalities." (See prior posting.) However the Washington Post reports on a speech yesterday to thousands, aired live on national television, by Sufi Muhammad, founder of banned militant organization Tehreek-e-Nafaz-e-Shariat-e-Mohammadi (TNSM), that is pressing for far greater government concessions.

According to Pakistan's Daily Times, Sufi told the audience that Pakistan's superior courts are un-Islamic and could not hear appeals from decisions of qazi courts set up in Malakand. He demanded that the government withdraw all judges from the Malakand division within four days and set up a Darul Qaza to hear appeals from the new qazi courts. Sufi also told the crowd: "There is no room for democracy in Islam," and demanded appointment of Qazi courts throughout the Malakand division. The Washington Post comments that Sufi's speech, along with one Friday at the Red Mosque in Islamabad by radical cleric Abdul Aziz (see prior posting), "pose a direct, unprecedented religious challenge to modern state authority" in Pakistan.

Egypt Presses Government Employees To Stop Wearing Niqab

Egypt's Ministry of Religious Endowments has held the first in a series of seminars designed to convince Muslim women in government jobs to stop wearing the niqab-- the full face veil. Those attending the seminar were given a book titled "Face Veil is a Custom not a Religious Obligation." Al Arabiya reports today that this follows a ban earlier this month imposed by the Ministry of Health on nurses wearing the niqab in hospitals. The government campaign is aimed at convincing women that the headscarf is sufficient under Islamic law.

Recent Articles of Interest

From SSRN:

• Kenneth L. Marcus, Jurisprudence of the New Anti-Semitism, (Wake Forest Law Review, Vol. 44, 2009).

From Bepress:

• Patrick McKinley Brennan, Delivering The Goods: Herein of Mead, Delegations, and Authority, (Villanova University School of Law Working Paper Series, Working Paper 129, March 2009).

From SmartCILP:

• Edward B. Arroyo, Contemplating the Katrina Whirlwind: From "Apocalypse Now" To Solidarity For the Common Good, 7 Seattle Journal for Social Justice 163-203 (2008).
• James A. Davids, Pounding a Final Stake In the Heart of the Invidiously Discriminatory "Pervasively Sectarian" Test, 7 Ave Maria Law Review 59-121 (2008).
• Barbara J. Fleischer, Katrina Stories: Windows Into Religious Meaning, Pathways to Social Justice, 7 Seattle Journal for Social Justice 11-36 (2008).
• Anthony R. Picarello, Jr., The Good News of InnerChange, 7 Ave Maria Law Review 25-57 (2008).
• Thomas Ryan, Vision and Spirituality In Post-Katrina New Orleans, 7 Seattle Journal for Social Justice 101-125 (2008).

US Will Boycott Durban Review Conference

The State Department, in a press release issued yesterday, announced that it would boycott the United Nations Durban Review Conference being held in Geneva this week. This follows earlier withdrawal of the U.S. from pre-conference meetings and a statement that it would re-engage only if dramatic changes were made in the conference draft resolution. (See prior posting.) The Hudson Institute's Eye on the UN last week published a scathing report on the final draft of the review conference outcome document that continues to reflect the agenda of Islamic countries. CNN reports that the Congressional Black Caucus was dismayed at President Obama's decision and would have liked the U.S. to send a diverse delegation to the anti-racism conference.

Somalia Adopts Islamic Law

According today's the New York Times, Somalia's Parliament yesterday voted unanimously to institute Islamic law in the country. The vote ratifies a decision by the cabinet last month. Justice Minister Sheik Abdirahman Mohamoud Farah said that the adoption of Sharia was designed to undercut support for Islamist opponents of the government.

Directory of Church Social Services Distributed In Schools Is Criticized

Civil libertarians are criticizing a directory of youth groups and programs distributed to students in Greece, New York public schools last week. They say that its Christian focus crosses the church-state line. Today's Rochester (NY) Democrat & Chronicle reports that the directory was produced and funded by local churches and lists mostly programs offered by Christian churches in town. However a few community food pantry, educational and support resources are also included. The directory is signed by the Greece Central School District superintendent, the school board president and a local Baptist pastor who heads a faith committee of the school board that provides input from the faith community. School officials say the directory is merely a resource for parents and young people looking for help, and that they worked with school district attorneys to avoid church-state issues.

EEOC Sues Over Harassment of Evangelical Employee

Business Management Daily reports today that the EEOC has filed a religious discrimination lawsuit against a Mount Airy, Virginia carport dealer for failing to respond to complaints from an employee about religious harassment from co-workers. Brenda Thompson, who belongs to an evangelical nondenominational church, was called a "devil-worshipper" by her co-workers. They also called here religion a "cult".

Recent Prisoner Free Exercise Cases

In Odneal v. Pierce, (5th Cir., April 3, 2009), the U.S. 5th Circuit Court of Appeals held that a Texas federal district court had improperly rejected a RLUIPA claim by a Native American inmate who wanted to maintain long hair (a kouplock) and wear a medicine pouch. However the court upheld the dismissal of plaintiff's challenge to the frequency of religious services in his prison unit. Earlier this month the Houston Chronicle reported on the decision.

Al-Amin v. Shear, (4th Cir., April 10, 2009), the U.S. 4th Circuit Court of Appeals vacated a Virginia district court's decision, holding that the trial court had applied the wrong standard in rejecting plaintiff's claim under RLUIPA that he should be able to use his now-legal name (Al-Amin) in place of his name when he was committed (Jones) to access his inmate account. In connection with plaintiff's claims regarding his diet during Ramadan, the court held that the statute of limitations under RLUIPA is 4 years, and that factual questions remained about some of his claims. The court also held that the district court had improperly dismissed on statute of limitations grounds plaintiff's claims regarding refusal of donations of Islamic materials for the prison chaplain's library.

In Greenberg v. Hill, 2009 U.S. Dist. LEXIS 28027 (SD OH, March 31, 2009), an Ohio federal district court adopted a magistrate's recommendation, holding that an inmate's free exercise and RLUIPA rights were not violated when Jewish inmates were denied a full kosher Seder meal on two nights in April 2007.

In Allen v. Tilton, 2009 U.S. Dist. LEXIS 28499 (CD CA, April 2, 2009), a California federal magistrate judge dismissed, but allowed the filing of an amended complaint, by a Muslim inmate who claims his fre exercise rights were violated when he was denied a Halal diet.

In Riley v. Terhune, 2009 U.S. Dist. LEXIS 29082 (ED CA, April 2, 2009), a California federal magistrate judge rejected an inmate's claim his free exercise and RLUIPA rights were violated by the correction department's grooming regulations. Plaintiff had alleged only that he practices an ancient Egyptian religion that requires long hair.

In Lichtenthal v. Brustman, 2009 U.S. Dist. LEXIS 29153 (D NJ, April 7, 2009), a New Jersey federal district judge rejected an inmate's claim that he should be permitted to reside at a halfway house closer to his home or permitted to drive 180 miles to his home to observe the Jewish Sabbath and be given a furlough to observe Passover.

In Menefield v. Tilton, 2009 U.S. Dist. LEXIS 30504 (ED CA, March 27, 2009). a California federal district judge permitted a Muslim prisoner to proceed with free exercise, equal protection and RLUIPA challenges to the refusal to provide him with either Halal or kosher meals. The court also ordered appointment of counsel for plaintiff.

In Jones v. Burk, 2009 U.S. Dist. LEXIS 30859 (ED CA, March 26, 2009), a California federal district judge allowed an inmate to move ahead with his claim for damages under RLUIPA growing out of the refusal by prison authorities to allow plaintiff to keep prayer beads, prayer oil, prayer clay and a skull cap.

In Jones v. Walker, 2009 U.S. Dist. LEXIS 31387 (WD TX, March 17, 2009), a Texas federal district judge adopted a magistrate's recommendation and dismissed an inmate's claims that prison officials failed to follow state policies on confiscating and destroying a "contraband" prayer rug and providing rotation of pork-free substitutes and pork-free holiday meals.

KATV News reports that in a case on remand from the 8th Circuit (see prior posting), a Tennessee federal district judge has awarded an inmate damages of $625 for violation of his free exercise rights. Plaintiff was required to clean his cell on Saturday mornings in violation of his observance of the Sabbath.

In Bailey v. Rubenstein, 2009 U.S. Dist. LEXIS 32192 (SD WV, April 15, 2009), a West Virginia federal district court accepted a magistrate's recommendation and dismissed a claim by a Native American inmate that prison restrictions on smoking infringed his free exercise rights and his rights under RLUIPA.

In Blount v. Echols, 2008 U.S. Dist. LEXIS 108397 (WD AK, Sept. 4, 2008), an Arkansas federal magistrate judge rejected defendant's motion for summary judgment and permitted a Mormon inmate to move ahead with his challenge to prison rules that allow detainees to have only one religious book while in lock-down.

Court Says Fallen Eruv Wire Is Not A Known Dangerous Condition

In Egar v. Congregation Talmud Torah, (NY Sup. Ct., April 16, 2009), a New York state trial court dismissed a claim by a victim of a slip-and-fall accident that a group of synagogues should be liable for her injuries because she tripped over a fallen wire that was part of an eruv maintained by the defendants. The eruv (a symbolic enclosure within which observant Jews may carry items on the Sabbath) ran through the property of St. John's Episcopal Hospital's teaching center where plaintiff fell. Plaintiff claimed that defendants had constructive notice that the eruv constituted a dangerous condition because a year earlier an eruv wire had fallen in a different location. The court disagreed, saying that a "single incident of the eruv falling a year before this incident certainly does not constitute evidence of a regularly recurring condition of which defendants must be aware." [Thanks to YY Landa for the lead.]

Radical Cleric In Pakistan Returns To Red Mosque To Push For Shari'a Nationally

Time Magazine yesterday reports on another victory in Pakistan for those who favor imposition of Islamic law in the country. Radical cleric Abdul Aziz has been released on bail by Pakistan's Supreme Court after it ruled that there was insufficient evidence to hold him on charges of inciting violence. He had originally been arrested in 2007 after a week-long confrontation between government authorities and clerics from the Red Mosque-- including Aziz-- who had set up a religious court to enforce Islamic law. A day after his release, he returned to the pulpit at Islamabad's Red Mosque, preaching a sermon promising to continue to fight to establish Shari'a (Islamic law) throughout the country. (See prior related posting 1, 2.)

Growing Trend For Churches To Locate In Commercial Space

Newspapers from two separate states report on a growing phenomenon-- churches locating in commercial areas. Sometimes zoning officials see this as a problem because the tax exempt institutions are taking property that might be tax producing. Elsewhere, however, planners see this as creating a promising economic partnership. Yesterday's Galesburg (IL) Register-Mail says that many Illinois churches, looking to expand at lower cost than constructing new buildings, are relocating to closed big-box stores and auto service centers that they remodel to meet their needs. Today's Tyler (TX) Morning Telegraph reports that in cities like Conroe and Tyler, Texas, the many churches relocating to downtown areas have brought increased vitality to the commercial districts. Church goers have extra parking on Sundays, while workers during the week have expanded parking in church lots. Planners also see the potential for downtown restaurants to serve church-goers. Architect Don Mabry says that churches are the largest owners of real estate in downtown Tyler, attracting more people downtown than any single business does.

Yemen's Parliament Investigating Handling of Qur'an Desecration Complaints

Yemen Post reported today that Yemen's Parliament has set up a special committee to investigate what procedures the Interior Ministry follows when it receives a report charging desecration of the Qur'an. The action comes after a group of private citizens took matters into their own hands when police did not respond to a complaint charging a man with tearing and stepping on a copy of the Qur'an. Last Tuesday, a group of private citizens gathered from a number of mosques after morning prayers and went to the house of the alleged offender where they broke in, burned the furniture inside as well as two cars parked at the house.

Cert. Petition Filed In Illinois "Choose Life" License Plate Case

A petition for certiorari was filed with the U.S. Supreme Court on Thursday in Choose Life Illinois, Inc. v. White. Yesterday's Christian Post reports that the petition for review was filed by the Thomas More Society after the 7th Circuit refused to grant en banc review in the case. A 3-judge panel of the 7th Circuit last November upheld Illinois' refusal to issue a special "Choose Life" license plate after after proponents obtained the requisite number of signatures requesting it. (See prior posting.)

UPDATE: Here is the full text of the petition for certiorari.

Justice Thomas On Religion and His Court Duties

Last Monday's New York Times reported on comments made by U.S. Supreme Court Justice Clarence Thomas at a dinner sponsored by the Bill of Rights Institute honoring winners of a high school essay contest. Answering questions submitted in advance in writing by students, at one point Thomas said:

how can you not reminisce about a childhood where you began each day with the Pledge of Allegiance as little kids lined up in the schoolyard and then marched in two by two with a flag and a crucifix in each classroom?

Asked how his religious faith influences his work on the court, he responded:

I think that it really gives content to the oath that you took. You say, "So help me God."... There are some cases that will drive you to your knees.... In those moments you ask for strength and wisdom to have the right answer and the courage to stand up for it. Beyond that, it would be illegitimate, I think, and a violation of my oath to incorporate my religious beliefs into the decision-making process.

[Thanks to Scott Mange for the lead.]

Coach Can Proceed With Discrimination Claim Against Jewish School

In Flynn v Rabbi Haskel Lookstein Middle School of Ramaz, (NY Sup. Ct., April 14, 2009), a New York state trial court held that Kevin Flynn, the former coordinator of athletics for a New York Jewish day school, stated a prima facie case of religious discrimination and could proceed to discovery. In the case, Flynn, one of only a handful of non-Jewish faculty at the school, says he was treated less favorably than Jewish faculty. The complaint alleges that an administrator referred to Flynn as having a "hot Irish temper," and that Flynn was the only faculty member required to attend anger management training. The complaint also alleges that discrimination was the underlying motivation for Flynn's eventual termination. The court however dismissed Flynn's claims for wrongful termination, defamation and various contractual claims.

Group Charges FBI Is Asking Muslims To Monitor Mosques

The Council of Islamic Organizations of Michigan has written Attorney General Eric Holder asking him to investigate complaints against the FBI. Reportedly agents are asking Muslims to give information on people attending mosques and the donations they make. Time reported yesterday that in particular, people with pending immigration issues are being approached by the FBI with offers of help in exchange for their monitoring mosques.

Georgetown Explains Covering of Religious Symbols For Obama's Speech

President Barack Obama delivered a speech (full text) at Georgetown University on Tuesday. According to The Hoya yesterday, the University has explained that: "In coordinating the logistical arrangements for the event, Georgetown honored the White House staff's request to cover all of the Georgetown University signage and symbols behind the Gaston Hall stage in order to accommodate a backdrop of American flags, consistent with other policy speeches." The "IHS" monogram-- a symbol of Jesus' name-- located directly behind the podium was covered with a piece of wood painted black.

An article in today's Philadelphia Evening Bulletin explains further that the drape placed at the rear of the stage was not high enough to fully cover the IHS and cross above the university seal, so, according to a University spokesman "it seemed most respectful to have them covered so as not to be seen out of context." However Patrick Reilly, president of The Cardinal Newman Society, said: "It is such a sad commentary that Catholic universities are willingly hiding the most visible signs of their Catholic identity when hosting secular leaders."

Oklahoma Passes Bill On Use of Historical Religious References In Classrooms

The Oklahoma state Senate on Wednesday passed by a vote of 40-7 a bill that had already been approved by the House (in an 88-5 vote) which will permit public schools to use religious references from a wide array of historical documents in classrooms and school events. HB 1756 lists 9 types of historical documents that may be utilized, including presidential speeches and published records of Congress. It then provides:

School districts shall not limit or restrain instruction in American or Oklahoma state history or heritage based on religious references in documents, writings, speeches, proclamations, or the materials described in subsection B of this section. These and any other materials shall be used for educational purposes only and not to establish or promote any religion.

Wednesday's Tulsa World, reporting on the Senate vote, quoted Sen. Clark Jolley, the Senate sponsor of the bill, who said it will allow teachers to discuss the religious context of historical documents like the Mayflower Compact and the Declaration of Independence. However Sen. Johnnie Crutchfield, who is also a teacher, said that the bill's passage was motivated by politics and is an "answer in search of a problem."

Conviction For Killing Unborn Child Does Not Violate Establishment Clause

Sanders v. State of Texas, (TX App., April 2, 2009), is an appeal by defendant who was convicted of capital murder for causing the death of Angela Alex and her unborn child. The Texas Penal Code prohibits intentionally and knowingly causing the death of any "individual", and defines "individual" as including "an unborn child at every stage of gestation from fertilization until birth." (Sec. 1.07). In affirming appellant's conviction, the Texas appellate court held that this definition of "individual" does not violate the Establishment Clause. It rejected appellant's argument that the definition amounted to an endorsement of religious groups that believe life begins at conception. The court said that the definition furthers the state's legitimate secular interest in protecting unborn children from the criminal act of others.

San Francisco College Changes Speaker Rules In Settlement of Jews for Jesus Case

A consent judgment (full text) has been issued in Jews for Jesus, Inc. v. City College of San Francisco, (ND CA, April 15, 2009). The settlement grew out of a lawsuit challenging the college's requirement that speakers and those handing out flyers obtain a permit. Plaintiff, an employee of Jews for Jesus, was arrested for repeatedly handing out literature on campus without a permit. The court had denied a preliminary injunction in the case in January, finding that rule changes made the 1st Amendment challenge moot. (Full text of decision). This week's settlement provides that the college will adopt those changes that apparently have already been made in its rules. They allow individuals to speak and distribute literature in designated areas by merely notifying the student activities office of their presence on campus. Yesterday's Christian Post , as well as an ADF release, report on the case.

Today Religion Clause Is 4 Years Old

Today is Religion Clause's 4th birthday. I want to thank all my long time readers and welcome those who have joined us more recently. I appreciate the leads that many of you e-mail to me and I apologize that I am not able to separately acknowledge each one. I do read them all and use as many as I can.

This month Religion Clause reached two milestones: it passed the 8,000 mark for the number of postings, and the site meter which records the number of visits since the blog began passed the half-million mark. Over 45% of those visits were recorded in the past 12 months.

With the change in Administrations in Washington, the flow of material for Religion Clause has not slowed. "Blog years" are even longer than "dog years." So I enter year 5 along with all of you, a bit older, hopefully a bit wiser, and with appreciation to you for making Religion Clause such a widely recognized source for objective information and primary source material on church-state and free exercise developments.

Today Is "Day of Silence" In Schools-- Focuses On LGBT Bullying

In schools across the country, today is "National Day of Silence"-- designed to call attention to anti-LGBT name-calling, bullying and harassment in schools. Christianity Today surveys three rather different recommendations on how Christian high schoolers should respond. A college psychology professor, Warren Throckmorton, suggests that Christians can participate to make schools safe without altering their views on sexuality. He wants them to carry cards in school today referencing the Golden Rule. The Illinois Family Institute disagrees, urging parents to take their children out of school for the day so they will not be "complicit in the exploitation of the classroom for partisan political purposes." Alliance Defense Fund wants Christian students to participate in a counter-event on April 20-- the "Day of Truth." Students will wear T-shirts and pass out cards urging gay students to explore changing their sexual orientation.

Court Says Statute Protects Church Property Sought For Use As Sidewalk

In City of Jordan v. Church of St. John the Baptist of Jordan, (MN Ct. App., April 14, 2009), a Minnesota Court of Appeals interpreted a Minnesota statute that protects churches from certain takings by eminent domain. Minn. Stat. § 315.42 prohibits state and local governments from taking land of any religious corporation by eminent domain for use as streets or roads unless the religious organization's board of trustees approves. The court held that this prohibition also applies to taking of church land to use for sidewalks or for traffic signals. Reporting on the decision yesterday, the Minneapolis Star-Tribune says that the case "carried huge symbolic weight for many in Jordan worried that Scott County's hypergrowth was ripping into the fabric of a historic downtown."

Missouri Baptist Convention Loses Again In Suit To Get Control of Windermere

The Missouri Baptist Convention has suffered another loss in its attempt 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. According to ABP, on April 9 a Camden County (MO) Circuit judge dismissed a suit challenging the legality of changes that Windermere made in its articles of incorporation in 2001. The judge said that the issues are the same as those posed in a companion lawsuit that was decided by the state court of appeals in February. In that case, the appellate court held that the amendments taking away MBC's power to elect Windermere trustees were validly adopted. The April 9 dismissal leaves fraud charges against one defendant pending, at least for the time being.

Colorado High Court: Catholic Eldercare Facility Not Entitled To Tax Exemption

In Catholic Health Initiatives Colorado v. City of Pueblo Department of Finance, (CO Sup. Ct., March 30, 2009), in a 4-3 decision, the Colorado Supreme Court held that the sales and use tax exemption in the City of Pueblo's tax code does not apply to Villa Pueblo, an elderly care community operated by the non-profit group Catholic Health. The court concluded that Villa Pueblo is not a "charitable organization" as that term is defined in the city's tax code. It rejected Catholic Health's contention that all religious organizations with 501(c)(3) status should be exempt, saying that this would put secular organizations engaged in similar activities at a competitive disadvantage. The court held that city's exemption is consistent with the Establishment Clause because it furthers a broad secular purpose. Finally it concluded that imposition of a sales or use tax on a religious organization does not violate the Free Exercise clause.

In an opinion by Justice Eid, three judges dissented. They argued that the majority interprets the exemption to apply to religious organizations only if they provide all services free of charge, while nonreligious charities are entitled to the exemption even if they charge some fees, so long as they operate at a loss. "The City has thus applied its tax code in such a way that discriminates against religious organizations in violation of the Free Exercise Clause of the United States Constitution."

Canadian Court Clears Sikh Youth Charged With Assault

Today's Toronto Star reports that a Canadian teenager in Montreal's youth court was cleared of assault charges after a finding that religious and nationality differences played a part in the case. The youth, a Sikh, was accused by two classmates of threatening them with the pin he used to tuck his hair under his turban and poking one of them with his kirpan that was wrapped in a cloth under his clothing. The incident took place during a lunch break. (See prior posting.) Youth court judge Gilles Ouellet said that technically there was sufficient evidence to convict on the hairpin charge, but the judge gave the boy an unconditional discharge saying: "If the three boys had the same nationality, and the same faith, this case would not have ended up before the court."

Preliminary Injunction Granted In Challenge To Grade School Religious Music

In S.D. v. St. Johns County School District, (MD FL, April 15, 2009), a Florida federal district court granted a preliminary injunction barring an elementary school from directing students to rehearse or perform the Diamond Rio band's song (via YouTube), "In God We Still Trust." Third graders had been told that if they did not wish to practice the song for their upcoming assembly, they could not appear at all in the program. Finding that it was likely plaintiff would prevail on his Establishment Clause challenge, the court said:

The challenged song is not a sacred example of a choral music used to instruct students in music theory and appreciation. It is a modern, American county music song overtly espousing a specific religious viewpoint and attacking of those who do not share in the same belief. Additionally, the song degrades the doctrine of governmental separation and neutrality towards the promotion of religious ideologies.

The preliminary injunction was entered even though the school had withdrawn the song from this year’s assembly. Today's St. Augustine (FL) Record reports on the decision. (See prior related posting.)

Macedoia's Constitutional Court Strikes Down Religious Instruction In Grade Schools

Makfax reported yesterday that Macedonia's Constitutional Court has struck down a provision in Macedonian law that allowed religious instruction in grade schools. Article 26 of the Law on Elementary Education stated: "religious instruction can be studied in the primary schools as a subject of personal choice." The court found the provision inconsistent with Macedonia's Constitution.

FLDS Defendants Challenge Search Warrants Used In Ranch Raid

In El Dorado, Texas yesterday, attorneys for ten indicted members of the FLDS Church filed motions in state court to suppress evidence that came from searches of the sect's YFZ Ranch last year. The highly publicized raids also led to the state’s taking temporary custody of some 439 children that lived on the FLDS compound in Sleicher County (TX). (See prior posting.) Identical 61-page motions challenging the validity of two search warrants were filed yesterday on behalf of each of the defendants who are charged with a number of offenses, including sexually abusing children. They argue:

[T]he authorities used a hoax phone call as an excuse for staging a massively intrusive raid upon a disfavored religious group…. Under the guise of looking for a man they knew was not there and a child that did not exist, the Texas authorities conducted a general search to see what they could find.

Today's Deseret News and San Angelo (TX) Standard-Times report on the motions.

Identities of Those Rejected As Ambassador To Vatican Disclosed [Corrected]

Earlier this month, it was reported that the Vatican had rejected three names put forward as the possible nominee for U.S. ambassador to the Holy See. Yesterday the London Times disclosed the identity of two of the three whose views made them unacceptable to Vatican officials: Caroline Kennedy and law professor Douglas Kmiec. [An earlier version of this posting made reference incorrectly to a third name-- which came from my misreading of the Times report-- thanks to a Commenter for the heads up.]

Cuba Withholds Visas From USCIRF Delegation

Last Monday, the U.S. Commission on International Religious Freedom announced that the government of Cuba has prevented a USCIRF delegation from visiting by withholding visas. The trip, which had been planned for many weeks, was intended to include meetings with various religious groups and with Cuban government officials to discuss freedom of religion in Cuba. The Cuban government offered no explanation and did not set an alternative date for the delegation’s visit. [Thanks to Scott Mange for the lead.]

Public School Courses From Kabbalah Center Draw Criticism

In Los Angeles, church-state questions are being raised by a Spirituality for Kids course that is being offered at nine elementary schools and three community sites. Today's Los Angeles Times reports that the course was developed by Karen Berg, who leads the Los Angeles Kabbalah Centre, with her husband, Rabbi Philip Berg. While Kabbalah is a traditional form of Jewish mysticism, the Kabbalah Center website claims that the organization is non-religious. The school classes do not mention "kabbalah", but use terms common in the Kabbalah Centre's programs. In one class, teacher Jenna Zucker and a facilitator wore the knotted red strings often used in kabbalah to ward off the "evil eye." Supporters say the public school course is a spirituality program that uses language common to many faiths. Others however are more skeptical. Orthodox Rabbi Yitzchok Adlerstein says the program does not belong in public schools. [Thanks to Patrick S. O'Donnell for the lead.]

School Board Grants Grooming Exemption For Native American High Schooler

The Somerset (TX) Independent School District Board of Trustees voted Monday to grant an exemption from the district's grooming policy for high schooler Jesus Figueroa. Today's Houston Chronicle reports that the vote came after a judge had ordered school officials to permit the boy to return to the classroom while his case was being litigated. Figueroa is a P'urhépecha Indian from Mexico. He believes his hair is a gift from the Great Spirit and should be cut only to mourn the death of a loved one. Apparently the boy initially claimed an exemption based on free expression grounds. The school board was more amenable to granting an accommodation once the claim was based on religious grounds and Figueroa's parents filed a document with the court indicating that they are Native Americans.

Tangipahoa Parish School Board Adopts Minor Changes In Policy On Invocations

Today's Baton Rouge (LA) Advocate reports that the Tangipahoa Parish (LA) School Board has made minor modifications in its policy on invocations preceding Board meetings. A lawsuit is pending against the Board broadly challenging its invocation policy which is based on a Model Policy developed by the Alliance Defense Fund. (See prior posting.) That challenge is set to go to trial in federal court on June 1.

The changes made at last Thursday's meeting-- largely at the urging of ADF-- provide that congregations can request to be added to the Board's list of potential invitees to deliver an invocation, and in case of a question about whether the religious organization is bona fide, the Board will rely on the IRS list of exempt organizations. The amendments also provide that students or others called on to deliver the Pledge of Allegiance, the national anthem or the preamble to the Constitution at a Board meeting are not required to attend the invocation. Students will be introduced after the invocation and the call to order of the meeting to prevent pressure on them to attend board-sponsored prayers.

Tajikistan Islamic Leader Resigns From Parliament In Protest of Religion Law

In Tajikistan, Muhammadsharif Himmatzoda, spiritual leader of Tajikistan's Islamic Revival Party, has resigned his seat in Parliament. Taiwan News reports today that the resignation came in protest of the country's new Religion Law. The controversial law was signed by Tajikistan's president last month. (See prior posting.)

Vermont's Gay Marriage Law Contains Strong Religious Exemptions

Last week, Vermont's legislature overrode the veto of Gov. Jim Douglas and became the fourth state to authorize same-sex marriages. As the Burlington Free Press reported last week, this is the first time that gay marriage has been approved legislatively, rather than by the courts. Largely uncommented upon until an article in today's New York Daily News are the strong religious freedom exemptions included in the new law (full text of S. 115).

Statutory provisions on who may solemnize marriages were amended to include this provision:

[18 VAA Sec. 5144(b): ] This section does not require a member of the clergy ... to solemnize any marriage, and any refusal to do so shall not create any civil claim or cause of action.

The provisions of Vermont's Banking and Insurance law relating to Fraternal Benefit Societies was amended to include the following:

[8 VSA Sec. 4501(b):] The civil marriage laws shall not be construed to affect the ability of a society to determine the admission of its members ... or to determine the scope of beneficiaries..., and shall not require a society that has been established and is operating for charitable and educational purposes and which is operated, supervised, or controlled by or in connection with a religious organization to provide insurance benefits to any person if to do so would violate the society’s free exercise of religion, as guaranteed by the First Amendment to the Constitution of United States or by Chapter I, Article 3 of the Constitution of the State of Vermont.

Finally, the law amended Vermont's provisions banning discrimination in public accommodations to include the following:

[9 VSA Sec. 4502(l):] Notwithstanding any other provision of law, a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization, association, or society, shall not be required to provide services, accommodations, advantages, facilities, goods, or privileges to an individual if the request for such services, accommodations, advantages, facilities, goods, or privileges is related to the solemnization of a marriage or celebration of a marriage. Any refusal to provide services, accommodations, advantages, facilities, goods, or privileges in accordance with this subsection shall not create any civil claim or cause of action.

This subsection shall not be construed to limit a religious organization, association, or society, or any nonprofit institution or organization operated, supervised, or controlled by or in conjunction with a religious organization from selectively providing services, accommodations, advantages, facilities, goods, or privileges to some individuals with respect to the solemnization or celebration of a marriage but not to others.

Court Upholds Jury's RLUIPA Verdict and Constitutionality of RLUIPA

In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, 2009 U.S. Dist. LEXIS 30623 (D CO, March 30, 2009), a Colorado federal district court upheld a jury verdict handed down last year under RLUIPA in favor of Rocky Mountain Christian Church. Rejecting defendants' motion for judgment as a matter of law, the court found that there was sufficient evidence to support the jury's finding that the county violated the equal terms, substantial burden and unreasonable limitations provisions of the Religious Land Use and Institutionalized Persons Act in denying the church's special use application. In a lengthy decision, the court also upheld RLUIPA against an Establishment Clause challenge and a claim that the statute exceeds Congress' enforcement authority under Section 5 of the 14th Amendment.

In a companion decision issued the same day, 2009 U.S. Dist. LEXIS 30614, the court issued a permanent injunction requiring approval of the church's 2004 special use application. However the court refused to issue an injunction barring the county from imposing any further substantial burden on the church's religious exercise, finding that an injunction merely broadly ordering obedience to the law is impermissible. (See prior related postings 1, 2.)

Roy Moore Likely To Run For Alabama Governor

CQ Politics reported yesterday that former Alabama Chief Justice Roy Moore says he is very "inclined" to enter the race for Alabama Governor in 2010. Moore was removed as state chief justice in 2003 after he refused to comply with a federal court order to take down a large 10 Commandments monument that Moore had placed in the State Judicial Building. Moore, currently the head of Foundation for Moral Law, told the AP in an interview Saturday that he would make a formal announcement of his intentions on June 1. Moore lost the Republican primary for Alabama governor in 2006.

Pakistan's President Signs Approval of Islamic Law In Swat Valley Area

BBC News and The Hindu report that Pakistan's President Asif Ali Zardari on Monday signed Nizam-e-Adl Regulation 2009, implementing Islamic law in the Malakand division of the Northwest Frontier Province. The signing followed passage of a resolution by Parliament's lower house, the National Assembly, urging Zardari to approve the regulation. Malakand is comprised of six districts, including the Swat valley. The regulation was part of an arrangement agreed to in February between the NWFP government and the Tehrik-e-Nifaz-e-Shariah Muhammadi, a group of religious hardliners, who in exchange got local Taliban to call a truce in the region. (See prior posting.) Instead of immediately signing the controversial arrangement, President Zardari put it before Parliament in order to develop a national consensus.

Health Care Facility Settles Suit Alleging Shaving of Sikh Man

In Westchester County, New York, a medical care facility has settled a lawsuit filed by the family of an Alzheimer's patient, an elderly Sikh man, whose beard, eyebrows, and mustache were cut by a nurse who had not been trained to understand the patient's religious preferences. Global Sikh News yesterday reported that the suit alleged free exercise violations as well as a claim for assault and battery. The Justice Department's Civil Rights Division had also begun an investigation into the matter. The settlement involves training of hospital staff to avoid similar issues in the future for other patients, as well as payment of $20,000 in damages to the family of now-deceased patient Pyara Singh. As part of the settlement, the hospital agreed to adopt United Sikhs' Guidelines for Hospital Admittance and Care/Extended Care for Sikhs as part of its nursing department orientation.

Lebanese Begin To Use New Right To Have Religion Removed From ID's

In Februrary, Lebanon's Interior Minister issued a circular permitting any citizen to have his or her religious affiliation removed from Civil Registry Records. (See prior posting.) According to today's Daily Star, the Union of Lebanese Democratic Youth urged people to use last Saturday as a day to request removal of affiliation from their ID's, and over 200 did so. It is expected that next, someone whose identity was removed will challenge the country's sectarian electoral law by attempting to run for Parliament. The Electoral Law restricts parliamentary candidates in various districts to members of a particular religious sect.

Organization of Islamic Conference Creates New Human Rights Commission

Al Arabiya reports that The Organization of Islamic Conference met at its headquarters in Jeddah, Saudi Arabia yesterday to create a new OIC Human Rights Commission. The 57-member OIC will seek assistance from the U.N.'s Office of the High Commissioner on Human Rights and the Geneva Institute for Human Rights in setting up its new independent Commission. OIC Secretary-General Eklemeddin İhsanoğlu said that the new Commission will: "promote tolerance, and fundamental freedoms, good governance, the rule of law, accountability, openness, dialogue with other religions and civilizations, the rejection of extremism and fanaticism, and the strengthening of the sense of pride in the Islamic identity." He also sid that this step would promote intellectual and political reform in OIC countries. OIC members also discussed "refining" the 1990 Cairo Declaration of Human Rights in Islam.

Sikh Group Wants Army To Accommodate Turbans, Unshorn Hair and Beards

Tomorrow the Sikh Coalition will begin a campaign to convince the U.S. Army to permit Sikhs to serve in the military while wearing a turban, unshorn hair and a beard. Announcing the campaign, the Sikh Coalition said that currently Sikhs are required to choose between their religion and military service. In January, the Coalition sent a lengthy letter (full text) to Secretary of Defense Robert Gates urging him to accommodate the religious needs of a Sikh doctor and a Sikh dentist who were recruited during their first years in medical and dental school respectively, but whose ability to serve while maintaining their Sikh identity is now being questioned. An online petition is available to call on the military to allow Captain Kamaljit Singh Kalsi and Second Lieutenant Tejdeep Singh Rattan to serve with their turbans, unshorn hair and beards intact. [Thanks to Michael Lieberman for the lead.]

Murder Suspect's Husband Criticizes Police For Bareheaded Mugshot

In Orland Park, Illinois, police have arrested 26-year old Nour Hadid on charges of beating her 2-year old niece to death over a four day period, according to Friday's Southtown Star. Prosecutors say she has confessed to the crime. However Nour's husband, Alaeddin Hadid, says his wife is innocent and that police have insulted their Muslim religion by releasing a mug shot of his wife without her head covered. Police say that Nour's headscarf was given back to her after the mug shot was taken, but the headscarf was later taken away from her after she made suicide threats.

Modified EU Draft Directive on Discrimination Raises Concerns

Sunday's London Telegraph reports on changes that were made this month by the European Parliament in the EU Anti-Discrimination Directive that was drafted last year by the European Commission. The directive bans discrimination in offering of goods and services. This month's amendments eliminated exemptions for organizations based on religion and belief. Critics say this means that Christian churches might be sued if they refuse to give communion, baptism or membership to non-Christians trying to get their children into a church school. It could bar current policies under which church schools give priority in admission to members of their faith. And some say it could lead to gays and lesbians demanding weddings in churches. The draft directive now goes to the European Council, where each EU country is represented. Meanwhile the Church of England plans to raise concerns about the draft with the British government.

Recent Prisoner Free Excercise Cases

In Ortiz v. Downey, (7th Cir., April 1, 2009), the U.S. 7th Circuit Court of Appeals held that the district court should not have dismissed prior to discovery a Catholic inmate's claim that he was denied a rosary and prayer booklet in violation of his free exercise rights.

In Babcock v. Clarke, 2009 U.S. Dist. LEXIS 26896 (ED WA, March 31, 2009), a Washington federal district court rejected plaintiff's free exercise, RLUIPA and equal protection claims. Plaintiff objected to authorities' refusal to permit her to attend school programming using her religious name that she adopted in 1993 and that, she says, was mandated by God when she was studying both Wicca and Noahide. Plaintiff asserts that forcing her to use her committed name is "incongruous of her religious beliefs, and debilitating her by undoing years of psycho-therapy for transsexualism."

In Mitchell v. Wiley, 2009 U.S. Dist. LEXIS 26945 (D CO, March 31, 2009), a Colorado federal district court adopted a federal magistrate's recommendation and dismissed an inmate's objections to prison rules that grant access only to publications that come directly from the publisher or approved vendors, as well as policies that restrict inmate access to publications considered inmate-to-inmate correspondence, and an alleged ban on congregational prayer of two or more Muslim prisoners. Plaintiff had argued that the policies violated his free exercise rights and his rights under RLUIPA. Among the publications sought by plaintiff was a Muslim newspaper, "The Final Call."

In Jones v. South Carolina Department of Corrections, 2009 U.S. Dist. LEXIS 26736 (D SC, March 30, 2009), a South Carolina federal district court adopted a federal magistrate's recommendation and rejected defendant's objections to an inmate educational program, finding that plaintiff's amended complaint did not adequately allege Establishment Clause, RLUIPA or Sourth Carolina Religious Freedom Act claims.

In Sweeper v. Taylor, 2009 U.S. Dist. LEXIS 27318 (ND NY, March 27, 2009), a New York federal district court rejected an inmate's free exercise claim, finding that he was not disciplined for praying with 6 other inmates during Ramadan, but instead for refusing to obey an order.

In Gallagher v. Shelton, 2009 U.S. Dist. LEXIS 27778 (D KS, March 31, 2009), a Kansas federal district court rejected free exercise and equal treatment claims by a Jewish inmate who claimed his requests for accommodation and religious items for specific Jewish holidays were denied or honored after the fact, and that he was subjected to an antisemitic comment and prejudicial treatment because of his religion.

In Horacek v. Derrick, 2009 U.S. Dist. LEXIS 27605 (ED MI, March 30, 2009), a Michigan federal district court permitted plaintiff, who was a Jewish pre-trial detainee, to move ahead with a claim that he was not adquately provided with kosher food. However the court rejected plaintiff's objections to the requirement that he not wear a yarmulke outside of his cell.

Afghan Law Recognizing Shiite Beliefs Raises Protest From Women's Rights Advocates

Yesterday's Washington Post reports on the furor that has been ignited over a new law in Afghanistan that was supposed to have been the vehicle to recognize the religious beliefs of the country's minority Shiites. However the law has been widely denounced by human rights activists, Western governments and some Afghan cabinet members. The new law:

codifies proper behavior for Shiite couples and families in the most intimate detail. It requires women to seek their husband's permission to leave home, except for "culturally legitimate" purposes such as work or weddings, and to submit to their sexual demands unless ill or menstruating.

Sima Samar, a Shiite woman who chairs the Afghan Independent Human Rights Commission, said:

That was supposed to be an achievement: to recognize Shias' legal rights so Hanafi [Sunni] laws would not be imposed on them. But it was also used by a few leaders who want to put chains around half the population.

Court Orders Discovery On Equal Access Act Claim

In Youth Alive v. Hauppauge School District, 2009 U.S. Dist. LEXIS 29017 (ED NY, April 6, 2009), a New York federal district court dismissed as moot most of the claims asserted by two high school students regarding difficulties in organizing and operating a Bible club at their school. The court found that the school had responded to most of plaintiffs' claims under the 1st and 14th Amendments and the federal Equal Access Act (20 USC Sec. 4071). A controversy remained however over the school's failure to provide a paid advisor for the club, called Youth Alive. The court concluded that discovery is necessary as to this claim. At issue is the interpretation of a provision of the Equal Access Act that provides it shall not be construed to authorize school districts to "expend public funds beyond the incidental cost of providing the space for student-initiated meetings." Defendants claim this precludes them from furnishing a paid advisor, even though they are furnished to other non-religious groups.

Partial Reversal In Case of Woman Injured During Altar Call

In Dadd v. Mount Hope Church and International Outreach Ministries, (MI Ct. App., April 9, 2009), a Michigan appellate court affirmed a jury's negligence award, but reversed its award in false light, libel and slander claims. The suit was brought by a Lansing, Michigan woman against her church and its pastor for injuries she suffered when, answering a call to the altar, she was "slain in the spirit" and collapsed. She also alleged that the pastor made derogatory remarks about her orally and in writing after the incident, including allegations she was attempting to commit insurance fraud. (See prior posting.) The court said that while the church has no general duty to protect all congregants who participate in services from injury, here the pastor made it clear that ushers were specially trained to catch people who fall during an altar call. However, on the defamation claims, the court held that the trial court should have instructed the jury on qualified privilege. Friday's Detroit Free Press reports on the decision. [Thanks to Brian D. Wassom for the lead.]

California Civil Court Overturns Jewish Religious Court Decision

In a California civil suit seeking confirmation of a Jewish religious court's judgment, a Los Angeles Superior Court judge has held that one of the rabbis on the Bet Din (religious court) had an apparent conflict of interest. Thursday's Los Angeles Times reported on the case in which the widow of Rabbi Norman Pauker claimed ownership of four Torah scrolls that had been in the possession of her late husband's assistant, Rabbi Samuel Ohana, for over a decade. The Bet Din awarded the scrolls to the widow on the basis of a written agreement that the scrolls were to merely be loaned temporarily to Ohana. In overturning the religious court's decision, the civil court found that Bet Din member Rabbi Nachum Sauer had not disclosed comments he made in a newspaper article a year earlier that suggested the Torahs belonged to Pauker. Rita Pauker says she will appeal, while Ohana has already appealed the Bet Din's judgment to a higher court in Israel. (See prior related posting.)

Obama's Easter Plans Unclear; Weekly Address Focuses On Holidays--[UPDATED]

The New York Times on Friday speculated broadly on what church the Obama family might attend for Easter services. At Friday's White House press briefing (full text), press secretary Robert Gibbs refused to disclose President Obama's choice. Meanwhile, the President's weekly address yesterday (full text) focused in part on Easter and Passover, saying that both holidays are "occasions to think more deeply about the obligations we have to ourselves and the obligations we have to one another."

UPDATE: The Washington Post reports that the Obama family attended Easter services at at St. John's Episcopal Church, across Lafayette Park from the White House. Huffington Post has a video of the Obama's going to St. John's and a detailed pool report on the service.

School District Settles Suit Over Bullying of Muslim High Schooler

USA Today reported last Wednesday that the Washoe County (NV) School District will settle lawsuits alleging that administration officials failed to protect a Muslim high schooler from bullying. Jana Elhifny dropped out of high school after death threats and harassment for wearing a Muslim headscarf. Elhifny will receive $350,000 in the settlement. Her non-Muslim friend who was ostracized by fellow students will receive $50,000. The district will also work with lawyers on bullying and discrimination policies.

Egyptian Court Revokes Magazine's License Over Blaspehmous Poem

In Egypt last Tuesday, a Cairo administrative court rescinded the publishing license of Ibdaa, a government-funded magazine, finding that it had published a blasphemous poem by Egyptian poet Helmi Salem. M&C reports that the court's order comes in a "hesbah" lawsuit, a suit brought by a private party against anyone publishing anti-Islaimic teachings. In 2007, religious scholars at al- Azhar University, concluded that Salem's poem "included expressions that insult God." Salem disagrees, saying the poem was directed at the dependency and passivity of Muslims. This is the first time that a magazine's license to publish has been cancelled in a hesbah suit. Egypt's intellectuals and artists have backed Salem, and his lawyer expects the decision will be overturned on appeal.

Developments In Obama's Faith Based Partnerships Program

JTA reported Tuesday on the White House briefing earlier this week for the Office of Faith-Based and Neighborhood Partnerships Advisory Council and a wide spectrum of religious leaders-- including advocates of church-state separation. (See prior posting.) OFBNP executive director Joshua DuBois told those in attendance that the Office would put less emphasis on the Bush administration's concern about equal access to grants. Instead it will seek the expertise of faith-based groups on policy goals such as fighting poverty, promoting responsible fatherhood, reducing unintended pregnancies, and enhancing inter-religious cooperation. He also said that OFBNP will strengthen the "legal and constitutional footing" and draw "appropriate legal lines" for religious groups receiving government funds.

Meanwhile on Friday, the U.S. Department of Education announced the appointment of Peter Groff as the Director for the Faith-Based and Community Initiatives Center in the Office of the Secretary. Groff, who is currently president of the Colorado Senate, plans to enlist faith-based groups in support of equal access to education and educational excellence for all Americans.

Court Allows Students Warned Against Prayer To Proceed With Claims

In Kyriacou v. Peralta Community College District, (ND CA, March 31, 2009), a California federal district court refused to dismiss a number of constitutional challenges brought by two students who were threatened with dismissal from a community college for disruptive behavior. At issue was an incident in which student Kandy Kyriacou prayed with her instructor in an office that the instructor shared with other faculty. Another instructor objected, and also raised objections to Kyriacou's telling the second plaintiff, Ojoma Omaga, about the incident. The court rejected defendants' motion to dismiss most of plaintiffs' 1st and 14th Amendment claims. Thursday's San Jose Mercury News reports on the decision. (See prior related posting.)

Appeal Filed In Suit Challenging Inaugural Oath and Prayers

On Thursday, a notice of appeal to the D.C. Circuit was filed in Newdow v. Roberts, according to a release from the American Humanist Association. In the case, the trial court dismissed on standing grounds a challenge to the Chief Justice administering the oath of office at President Obama's inauguration using the phrase "so help me God" and to clergy delivering an invocation and benediction at the ceremony. (See prior posting.)

Tony Alamo Ministries Sues Arkansas Human Services Department

In an Arkansas federal court lawsuit filed Thursday, Tony Alamo Ministries and two of its members sued the Arkansas Department of Human Services , claiming that it has engaged in a campaign of harassment and intimidation against the church. State children's services officials have removed 36 children from the church's compound in Arkansas, saying that the children are endangered by practices such as underage marriages and beatings for ignoring church rules. (See prior posting.) The Arkansas Democrat Gazette and AP this week reported on the lawsuit. The complaint alleges that parents of the children are being required to move off church property and find jobs outside of the ministry to regain custody of their children. Meanwhile in scattered foster homes, the children are being exposed to television shows that would have been banned by the church, and are being vaccinated in violation of their parents' religious objections. It is alleged that the state pans to "deprogram" the children. Other parents with children under 18 have fled the church and are living as fugitives. The church has stopped holding services, and lacks personnel to fill the backlog of orders for Pastor Tony Alamo's cassette tapes and pamphlets.

Obama Beomes First President To Host A White House Seder

On Thursday, Barack Obama became the first President to host a Passover seder at the White House. According to Politico, the origins of the event were a year ago when a year ago some of Obama’s campaign staff held an impromptu seder in the basement of the Sheraton in Harrisburg, Pennsylvania. After ending that seder with the traditional "Next year in Jerusalem," they added: "next year in the White House." The White House website carries a photo of the 20-person seder held in the Old Family Dining Room, with Obama reading from the Haggadah.

University of Maryland Student Senate Ends Graduation Prayer

University of Maryland's Student Senate voted 32-14 to remove prayer from the University commencement ceremony. WJLA News reported yesterday that the vote on Monday culminated three years of debate on the issue. The invocation was presented each year by one of the University's 14 chaplains, and was designed to be inclusive. [Thanks to Joel Katz of Relig. & State In Israel for the lead.]

UPDATE: The April 13 GW Hatchet reports that University of Maryland President Dan Mote overruled the Student Senate's decision three days later. [Thanks to Scott Mange for the lead.]

Fatih-Based Office Hosts Meeting For Council and Invited Leaders

Today's Washington Post reports:

The Office of Faith-based and Neighborhood Partnerships, whose mission is to empower religious and secular groups that provide social services, is hosting more than 60 people it considers key leaders at the Eisenhower Executive Office Building for a meeting that began last night and runs through this evening.

Invited guests include the 25 members of the president's advisory council and a few dozen more insiders (almost all from faith-based groups), including people President Obama has turned to since he became a candidate for guidance on everything from torture ethics to Catholic politics to inner-city fatherhood programs.

Participants were pleased that administration officials were seeking their input on social policy issues, but fear that their agenda will get pushed aside by the economic crisis, and that funds will be diverted by state and local governments.

Vatican Rejects US Ambassador Names Because of Their Positions on Abortion

The Washington Times reported yesterday that the Vatican has rejected at least three names that President Obama has put forward as possible candidates for ambassador to the Vatican because of the individuals' support abortion rights. The failure to find an ambassador could become embarrassing as Pres. Obama hopes to visit the Vatican in July as part of a trip to Italy for a summit of the Group of Eight industrialized nations. [Thanks to Alliance Alert for the lead.]

Pres. Obama Sends Passover Greetings

Yesterday President Obama sent out a letter by e-mail conveying holiday wishes to all who are celebrating Passover. (Full text of letter.)

3rd Circuit Says Police Need Not Accommodate Officer's Khimar

In Webb v. City of Philadelphia, (3d Cir., April 7, 2009), the U.S. 3rd Circuit Court of Appeals rejected a Title VII religious discrimination claim brought by a Philadelphia police officer. Agreeing with the district court (see prior posting), the Court of Appeals held that it would impose undue hardship on the Department to require it to allow Kimberlie Webb, a Muslim, to wear a headscarf (khimar) while on duty in uniform. It agreed with the City that the uniform rule is necessary to create a perception of impartiality by citizens of all races and religions. AmLaw Daily reports on the decision, including the court's rejection of counsel's attmpt to raise a number of issues for the first time on appeal. [Thanks to Steven Sheinberg for the lead.]

Student In Israel Displays Novel Protest Over Court's Reading of Hametz Law

Passover begins tonight, and in Israel the dispute continues over how to interpret its Festival of Matzot (Prohibition of Leaven) Law, 5746-1986, (also known as the "Hametz Law"). Last year, a court held that its ban on the public display of any leavened product for sale or consumption during Passover did not prevent the sale in a closed place of business of leavened products. (See prior posting.) The Haredi (ultra-Orthodox) community is still distressed over the ruling. This week, according to Arutz Sheva, to protest the interpretation, yeshiva student Aryeh Yerushalmi entered a Tel Aviv grocery store, went to the bread section, and stripped naked (except for a sock over his private parts). He says Israeli law bans performing an indecent act in a public place, but if a grocery store is not "public" for purposes of the Hametz Law, it should not be for the indecent exposure law either. When police arrived at the scene, the student put his clothes back on. A Tel Aviv district court judge put Yerushalmi under house arrest for a week.

Cert. Denied In Establishment Clause Challenge To Navy Retirement System

Yesterday, the U.S. Supreme Court denied certiorari in Chaplaincy of Full Gospel Church v. Department of Navy, (Docket No. 08-1057) (Order List). In the case, the D.C. Circuit Court of Appeals had dismissed on standing grounds an Establishment Clause challenge by a group of non-liturgical Protestant Navy chaplains to the operation of the Navy's retirement system. Plaintiffs claimed that the system operated to favor Catholic chaplains. (See prior posting.)

Court Says Ministerial Exception Does Not Apply In Suit Against Archdiocese

In Dayner v. Archdiocese of Hartford, 2009 Conn. Super. LEXIS 606 (CT Super., March 11, 2009), a Connecticut trial court rejected a 1st Amendment free exercise challenge to its jurisdiction in a suit brought by a former principal of a Catholic girl's school against the Archdiocese and a priest. Plaintiff alleged that her firing as principal involved a breach of implied contract, breach of implied covenant of good faith, promissory estoppel, wrongful termination and negligent infliction of emotional distress as to the Archdiocese and tortious interference with business expectancies as to the priest, Father Bzdyra. The court held that the "ministerial exception" that precludes a court from adjudicating employment disputes between religious institutions and their religious leaders does not apply here because "the court will not be required to consider matters of religious belief or practice in deciding these claims."

High School Must Bus Students From Rented Catholic Building For Sex-Ed

Yesterday's Newark (NJ) Star-Ledger reports that some public school officials in Perth Amboy (NJ) apparently did not read a lease closely enough when last year the district rented an empty Catholic school six blocks from Perth Amboy High School to alleviate overcrowded classrooms. It turns out that a clause in the lease prohibits using the premises to teach doctrines contrary to those of the Catholic Church. This means that the building may not be used to teach sex education that does not promote abstinence-only. So now students must be bussed back to the high school's main building for their sex-education classes. Perth Amboy's director of health and physical education says that ironically the students are now probably remembering more of what they are taught in sex-ed classes because of what they have to go through to get the information. [Thanks to Mike Cundiff for the lead.]

New Jersey Court Issues Injunction Allowing Church To Use Building

A Superior Court judge sitting in Morris County, New Jersey issued an injunction last Friday ordering that Pastor Eric Simons be permitted to use his Randolph Christian Church's former building for services on Sunday pursuant to the terms of a contract the church entered with Bible Church International. The contract followed the sale of Randolph's former building to Bible Church. Sunday's Newark Star-Ledger reports that Bible Church International is seeking to break its 5-year contract with Randolph Christian after Pastor Simons settled charges by the state Division of Consumer Affairs that he used the proceeds of the sale of the church building to buy himself and his wife a mansion and a boat. Bible Church's pastor says Bible Church International wants to protect its reputation and does not want to be associated with Simons.

New Yorker Meets Judicial Resistance On Name Change

The Staten Island Advance reported on Sunday on the problems that Kyle Campbell is having in his attempt to get New York courts to allow him to change his name. Campbell is a member of The Nation of Gods and Earths, a religion affiliated with Nation of Islam, whose members commonly take Allah as a name. Last year Campbell's petition to change his name to "Black Cream Allah" however was denied by a Staten Island judge who ruled that the first two words are the title of a rap song with violent lyrics, and that allowing Allah as a name would be similar to bestowing religious authority. So now Campbell has filed a petition to instead change his name to "Original Kreeam Shabazz." Nation of Islam believes that the Tribe of Shabazz was an ancient Black tribe. Campbell is awaiting a decision on whether the court will permit this name.

Suit Challenges Michigan Funeral Protest Law On Unusual Facts

Last week, the ACLU announced it had filed suit in Michigan federal district court challenging Michigan's funeral protest statute, M.C.L. § 750.167d(1). The complaint (full text) in Lowden v. Claire County, (ED MI, filed 4/1/2009), alleges that Lewis and Jean Lowden were driving in the funeral procession of a close friend who had been killed in Iraq when sheriff's deputies ordered them out of the procession and arrested them because of political protest signs that were taped to their van. The signs were not directed at the funeral, but rather were criticisms of Pres. George W. Bush and his policies, and had been on the van for several years. Indeed, the Lowdens had been invited to the funeral by the deceased soldier's family, and at the church organizers of the funeral procession had placed a funeral flag on the van without commenting on the signs. The suit asks for damages and a declaratory judgment that the funeral protest law unconstitutionally infringes freedom of expression and is void for vagueness. The suit also claims that plaintiffs were subjected to an unlawful search and seizure. [Thanks to Dispatches from the Culture Wars for the lead.]

Army Chaplain Urges Day of Prayer and Fasting-- Conflicts With Passover

The head of the Army's chaplain corps, Maj. Gen. Douglas L. Carver, has issued a proclamation urging that Wednesday, April 8, be observed as a day of prayer and fasting for soldiers and their families. The day comes during the Army's 120-day stand down and unit training period to focus on suicide prevention and awareness. Baptist Press reported last week that Carver, a Southern Baptist, chose the date because Wednesday is a prayer meeting night for Southern Baptists. However April 8 is also first night of the Jewish festival of Passover that is celebrated with the Seder feast. The Public Record reported on Sunday that some Jewish members of the Army are distressed that this date was chosen. Carver said he did not consult a calendar to look for conflicts when selecting the date.

Orthodox Jewish Policy Director Appointed To President's Faith-Based Council-- [UPDATE]: 9 New Members Appointed

According to a press release today by OU, Nathan J. Diament, director of public policy for the Union of Orthodox Jewish Congregations of America, has been named by President Barack Obama to serve on the President's Advisory Council on Faith-Based and Neighborhood Partnerships. Diament was a Harvard Law School classmate of Obama, and they regularly played basketball together as law students. (See prior posting.) The Advisory Council is comprised of 25 religious and secular leaders and scholars. At least 15 others have already been appointed. (See prior posting.) Diament, who is also an adjunct professor at American University, said that he is deeply honored to be appointed to the Council and looks forward to an "opportunity to bring the Torah's timeless values into conversations seeking solutions to modern challenges."

UPDATE: The Washington Post reported Monday afternoon that a number of new members were appointed to the Advisory Council and that its first substantive meeting was held today:

Several new members come from groups representing minorities, including: Dalia Mogahed, executive director of the Gallup Center for Muslim Studies; Anju Bhargava, founder of Asian Indian Women of America and Harry Knox, head of the religion program at the Human Rights Campaign, which advocates for gays and lesbians.

Other new members include Anthony Picarello, formerly of the religious liberties law firm Becket Fund and now general counsel to the U.S. Conference of Catholic Bishops, and Rev. Peg Chemberlin, president-elect of the National Council of Churches, a sprawling ecumenical umbrella group of mostly mainline Protestants

A White House press release Monday afternoon lists all the members, including the 9 new appointees. Additional new members are Bishop Charles Blake, Nancy Ratzan and Dr. Sharon Watkins. Absent from the list of appointees was former NFL coach Tony Dungy. A previous announcement that he had been invited to join the Council stirred criticism. (See prior posting.) [Thanks to Blog From the Capital for the lead.]

Former Student Challenges University's Requirements for Counseling Practicum

Last week, a former graduate student at Eastern Michigan University [corrected] filed suit in a Michigan federal district court alleging that she was unconstitutionally dismissed from the University's graduate Counselling Program solely because her religious beliefs and expression regarding homosexual behavior contradicted those of the University's counseling department. Ward believes that homosexual behavior is immoral and can be changed. In Ward v. Members of the Board of Control of Eastern Michigan University, (ED MI, filed 4/2/2009) (full text of complaint), Julea Ward alleged that disciplinary proceedings were brought against her because in her Counseling Practicum course she referred a homosexual client to another counsellor rather than affirm and validate the client's homosexual conduct. She was told that to remain in the program she would need to undergo a "remediation" program to "see the error of her ways" and change her "belief system" on homosexual conduct. Alliance Defense Fund issued a release announcing the filing of the lawsuit. The University today refused specific comment, but said that it is a "diverse campus with a strong commitment not to discriminate on the basis of gender, race, disability, religion, sexual orientation, gender identity or expression." (Ann Arbor News.)

Obama In Turkey Stresses Respectful US-Muslim Relationship

At both a news conference today with Turkish President Abdullah Gul, and in a major address today to Turkey's Parliament, President Barack Obama spoke of US-Muslim relations. In his press conference in Ankara, according to CNN, Obama said:

I think that where there's the most promise of building stronger U.S.-Turkish relations is in the recognition that Turkey and the United States can build a model partnership in which a predominantly Christian nation, a predominantly Muslim nation -- a Western nation and a nation that straddles two continents ... that we can create a modern international community that is respectful, that is secure, that is prosperous, that there are not tensions -- inevitable tensions between cultures -- which I think is extraordinarily important....

[O]ne of the great strengths of the United States [is that it does not consider itself] a Christian nation or a Jewish nation or a Muslim nation. We consider ourselves a nation of citizens who are bound by ideals and a set of values. I think modern Turkey was founded with a similar set of principles.

In his speech to Parliament (full text from Hurriyet) Obama said:

I know that the trust that binds us has been strained, and I know that strain is shared in many places where the Muslim faith is practiced. Let me say this as clearly as I can: the United States is not at war with Islam and will never be. In fact, our partnership with the Muslim world is critical in rolling back a fringe ideology that people of all faiths reject.

But I also want to be clear that America’s relationship with the Muslim world cannot and will not be based on opposition to al Qaeda. Far from it. We seek broad engagement based upon mutual interests and mutual respect. We will listen carefully, bridge misunderstanding, and seek common ground. We will be respectful, even when we do not agree. And we will convey our deep appreciation for the Islamic faith, which has done so much over so many centuries to shape the world for the better – including my own country. The United States has been enriched by Muslim Americans. Many other Americans have Muslims in their family, or have lived in a Muslim-majority country – I know, because I am one of them.

Court Says Pro Se Prisoner Cannot Maintain Class Action

In Blast v. Fischer, 2009 U.S. Dist. LEXIS 27264 (WD NY, March 30, 2009) , plaintiff, a practitioner of Santeria, brought an action claiming that New York prison policies are being selectively applied to prevent non-mainstream religious practitioners from being able to obtain various religious items. (Plaintiff, housed in an all-male prison, is in the process of gender transition, and is referred to as "she" in the decision in accordance with her request.) In a previous decision, a different federal district judge denied appointment of counsel for plaintiff. In this decision, the New York federal district court refused to certify her suit-- brought under RLUIPA and the 1st Amendment-- as a class action on behalf of all Santeria practitioners currently in state correctional facilities. The court held: "It is well established law that class action suits cannot be maintained by pro se litigants."

Mexican Drug War Tactic Angers Santa Muerte Followers

As part of its war on the drug cartels, Mexican law enforcement is apparently destroying shrines to the "Santa Muerte"-- the Death Saint, often portrayed as a robe-covered skeleton resembling the Grim Reaper. San Jose (CA) Mercury News reported yesterday that the Death Saint is often popular with drug traffickers. However the new government campaign against the worship of Santa Muerte has angered many other believers who often use elements of Catholic ritual to worship the Saint. Last month, army troops and workers used back hoes to destroy more 30 Santa Muerte shrines in Nuevo Laredo, across the border from Laredo, Texas. The sect's archbishop, David Romo, called the destruction religious persecution. Some 200 protesters, agreeing with his position, marched in Mexico City yesterday.

UAE Proposal Would Unify Fatwa Procedures Through Federal Law

In the United Arab Emirates, the government is taking steps to bring under control the "fatwa chaos" that has resulted from religious rulings being issued by unqualified sources. The National reports today that the first step towards standardizing national fatwa procedures was taken last year when a dedicated fatwa centre was created to answer questions from the public on religious topics. Now the General Authority of Islamic Affairs and Endowments (Awqaf) has submitted a draft of new legislation for Cabinet approval. The bill would create a high committee consisting of qualified religious scholars-- particularly from the Maliki school of Islamic jurisprudence--drawn from all seven emirates. They would set federal fatwa policies, and would decide on a single federal position on major religious issues. The proposed law would also regulate those who are qualified to issue religious edicts. Proponents of the law are concerned about the confusion created by the present situation, and the promulgation of radical fatwas that do not represent the core of authentic Islam.

Recent Articles of Interest

From SSRN:

• Patrick McKinley Brennan, Equality, Conscience, and the Liberty of the Church: Justifying the Controversiale Per Controversialius, (Villanova Law Review, Forthcoming).


• Calvin R. Massey, Church Schisms, Church Property, and Civil Authority, (March 26, 2009).


• Prakash Shah, Transnational Hindu Law Adoptions: Recognition and Treatment in Britain, (International Journal of Law in Context, Vol. 5, No. 2, 2009).


• Paul Horwitz, Demographics and Distrust: The Eleventh Circuit on Graduation Prayer in Adler v. Duval County, (University of Miami Law Review, 2009).


• Kenneth George Leonczyk, RLUIPA and Eminent Domain: How a Plain Reading of a Flawed Statute Creates an Absurd Result, (Texas Review of Law & Politics, Vol. 13, 2009).

From SmartCILP:

• Martha C. Franks, Water, Theology, and the New Mexico Water Code, 48 Natural Resources Journal 227-244 (2008).


• Mark Strasser, State Funding of Devotional Studies: A Failed Jurisprudence That Has Lost Its Moorings, 11 Journal of Law & Family Studies 1-34 (2008).


• Kelly S. Terry, Shifting Out of Neutral: Intelligent Design and the Road to Nonpreferentialism, 18 Boston University Public Interest Law Journal 67-117 (2008).


• Essays From the Honorable James J. Gilvary Symposium on Law, Religion & Social Justice: "Justice for Strangers? Legal Assistance and the Foreign Born. Introduction by Sheila F. Miller; articles by Howard F. Chang, Bruno G. Romero and Karen Denise Bradley. 34 University of Dayton Law Review 1-46 (2008).

Surprise Nominee For Civil Rights Division Head Likely To Face Some Opposition

Last week, President Obama sent to the Senate the name of Thomas Perez to serve as Assistant Attorney General for the Civil Rights Division of Justice Department. Today's Los Angeles Times says that Perez, who is currently secretary of Maryland's Department of Labor, Licensing and Regulation, will face opposition in his confirmation hearings. (Biographical information.) However approval of Perez's nomination is expected. The Perez choice came as a surprise after Obama decided not to appoint Thomas Saenz, an advisor to Los Angeles Mayor Antonio Villaraigosa, in order to avoid a confirmation fight over immigration issues. (See prior posting.) That decision has caused concern among advocates of immigration reform. (LA Weekly.)

Teacher Has Immunity In Student's Religious Discrimination Claim

In C.H. v. Rankin County School District, 2009 U.S. Dist. LEXIS 26719 (SD MS, March 30, 2009), parents of a high schooler filed suit alleging, among other things, that their son was discriminated against because of his religion. The instructor and director of an auto body class prohibited the student from returning to class when, after a suspension for alleged harassing behavior, he refused to go to counselling, saying "he only needed God and his father." Also the student and his father refused on religious grounds to sign an instructor-student classroom/lab contract, which outlined expected behavior. A Mississippi federal district court held that even if there was a constitutional violation, defendants had qualified immunity in the damage claim against them because it was not a clearly established constitutional violation.