Same-Sex Marriage Not Yet A Done Deal In New Hampshire

As previously reported, New Hampshire Governor John Lynch told the legislature that he would sign the same-sex marriage bill it had passed only if it made changes to grant stronger protections to religious institutions. According to yesterday's Concord Union Leader, the state Senate on Wednesday agreed to the governor's requested changes by a vote of 14-10. However later in the day, the state House of Representatives in a close vote (188-186) refused to adopt the Governor's changes, and by a larger vote (207-168) asked the Senate to negotiate a compromise.

Meanwhile, as gay marriage seems to be gaining momentum in state legislatures, Pew Forum yesterday published a Q&A with Professors Ira "Chip" Lupu and Robert W. Tuttle, titled: A Clash of Rights? Gay Marriage and the Free Exercise of Religion.

4 Men Arrested In New York Charged With Plot To Bomb Synagogues

According to today's New York Times, four upstate New York men were arrested last night, charged with plotting to bomb two synagogues in the Bronx (as well as shoot down planes at Stewart Air National Guard base in Newburgh, NY). The criminal complaint (full text) filed against them charges them with conspiracy to use weapons of mass destruction and conspiracy to acquire and use anti-aircraft missiles. The four men, all U.S. citizens who are Muslims, were arrested after planting what they believed to be bombs in cars outside the Riverdale Temple and the Riverdale Jewish Center in the Bronx. In fact, the bombs were fake, having been provided by an FBI informant. The US Attorney's Office for the Southern District of New York issued a press release yesterday announcing the arrests.

Elementary Teacher Sues Charging Religious Discrimination and Harassment

In Bakersfield, California, Bruce Neal, who has taught for 20 years in the Edison School District, has filed a federal civil rights lawsuit alleging that that former Orangewood Elementary School Principal Mark Holmes engaged in religious discrimination and harassment against him from 1999 to 2008. Yesterday's Californian reports that Neal, a second grade teacher who is also a rabbi, says that the former principal forced him to remove his yarmulke (skullcap). Neal also alleges that he was criticized for his religious diet and clothing and subjected to negative comments from co-workers about being Jewish. In 2008, Principal Holmes, who is the target of Neal's complaints, resigned after he was charged by school officials with fostering an environment in which teachers were free to "terrorize, gossip, tattle."

Permit Requirement For Church's Use As Homeless Shelter Upheld

In Westgate Tabernacle, Inc. v. Palm Beach County, (FL 4th Dist. Ct. App., May 20, 2009), a Florida state appellate court upheld Palm Beach County's application of its zoning rules to Westgate Tabernacle's use of its church building as a homeless shelter. The court rejected challenges under the Florida Religious Freedom Restoration Act and federal RLUIPA, finding that merely requiring a church to apply for a conditional use permit is not a substantial burden on its free exercise. Also plaintiff did not show that running a shelter at a specific location was fundamental to its religious exercise. Yesterday's South Florida Sun-Sentinel reported on the decision.

Ireland's Massive Report On Clergy Sex Abuse Released

Yesterday Ireland's Commission to Inquire Into Child Abuse released its mammoth 2,600-page report on child abuse at Catholic institutions in Ireland from 1936 to the present. The 30-page Executive Summary and the text of the full report are both available online, as are transcripts of testimony that the Commission took in 2004 and 2005. BBC News summarized the findings:

The report, nine years in the making and covering a period of six decades, found thousands of boys and girls were terrorised by priests and nuns. Government inspectors failed to stop beatings, rapes and humiliation....

The five-volume study concluded that church officials encouraged ritual beatings and consistently shielded their orders' paedophiles from arrest amid a "culture of self-serving secrecy". The commission found that sexual abuse was "endemic" in boys' institutions, and church leaders knew what was going on.

Victims of the abuse-- particularly those who had testified before the Commission --were particularly upset by the fact that the report will not be used as the basis for additional criminal prosecutions. In part this is because one of the largest religious orders involved-- Christian Brothers--obtained a court order in 2004 to keep all its members discussed in the report anonymous. Police were called to the news conference in which the report was released as victims who were prevented from attending began to object. BBC News has reactions of abuse victims, church leaders and political leaders.

Court Dismisses Some Discrimination Claims Brought By Muslim Researchers

In Ridha v. Texas A&M University System, 2009 U.S. Dist. LEXIS 41290 (SD TX, May 15, 2009), a Texas federal district court dismissed some, but not all, of the claims brought by husband and wife medical researchers against various defendants alleging discrimination on the basis of race, national origin and religion. Both plaintiffs are Iraqi Muslims (one Arab and one Kurdish) who left Iraq after the U.S. invasion in 2003. Both plaintiffs, who conducted research in the Reproductive Sciences Lab at Texas A&M, alleged among other things that various individuals who worked with them ridiculed their Muslim faith and threw animal urine and feces on their prayer rugs. Plaintiffs also allege that they were fired from their positions in retaliation for their complaints about harassment and discrimination. Among other things, the court held that the University System was not plaintiffs' employer for purposes of Title VII and that the 11th Amendment shields the University from damage claims for alleged 1st Amendment violations. It also held that claims under 42 USC Sec. 1981 can be brought for racial discrimination (including discrimination on the basis of ethnicity), but not for religious discrimination.

Taliban Terrorize Peshwar, Pakistan In Drive Against Un-Islamic Activities

Today's Wall Street Journal reports from Peshawar, Pakistan on a terror campaign by the Taliban on businesses they consider "un-Islamic." They have already used car bombs to destroy an Internet cafe, women's clothing stalls, and have threatened a video store. Taliban have also bombed girls' schools and Sufi religious shrines. The Journal reports further that while the Taliban are unlikely to seize Peshwar, the capital of Pakistan's North West Frontier Province:

through a campaign of bombings, kidnappings and murders, the militants are increasingly imposing on Peshawar the rigid religious restrictions that are already enforced in Swat, Waziristan, and other northwestern areas that have succumbed to Taliban control. Such "Talibanization" is a grim setback for a storied city that braced itself for revival when a secular Pashtun nationalist movement, the Awami National Party, won provincial elections last year, ousting a coalition of religious parties.

Court Dismisses Religious Group's Challenge To Support Order

In Christ's Household of Faith v. Ramsey County, (D MN, May 18, 2009), a Minnesota federal district court dismissed a number of federal challenges to a state court's order that a religious group, Christ's Household of Faith, as a "payor of funds" send child support and spousal maintenance payments (including arrearages) to the Ramsey County (MN) Department of Community Services for Patricia Rooney who had been awarded the amounts in her divorce proceeding. Michael Rooney, Patricia's former husband who had originally been ordered to pay the amounts, was a member of Household of Faith whose members give up most of their property, live communally and merely receive a small stipend of less than $100 per month. In the 20 years since the Rooneys divorce, the parties have been involved in numerous lawsuits challenging state determinations of the value of Michael's services to CHOF and CHOF's liability to pay the child support owed by Michael. The court dismissed the challenges under the Rooker-Feldman doctrine that calls for dismissal of cases in which federal district courts are called on to review and reject a state court judgment. Yesterday's Minneapolis Star-Tribune reports on the decision.

Iran's Guardians Council Approves 4 Presidential Candidates

In Iran, the country's 12-member Guardians Council has selected the 4 candidates who will run in the Presidential election next month. According to a report today from AFP, a total of 475 Iranians (including 42 women) had registered as possible candidates. The Council is made up of six clerics picked by the supreme leader and six jurists chosen by the head of the judiciary. The approved candidates are incumbent president Mahmoud Ahmadinejad, former head of the Revolutionary Guards Mohsen Rezai (a conservative), former prime minister Mir Hossein Mousavi (a moderate reformist) and ex-parliament speaker Mehdi Karroubi (a reformist).

Teen and Mother Fail To Appear At Hearing On Cancer Treatment For Boy

Thirteen-year old Daniel Hauser and his mother Colleen Hauser failed to appear at their scheduled court hearing in New Ulm, Minnesota yesterday. They apparently have gone into hiding rather than comply with a court order to take steps toward obtaining chemotherapy for Daniel's Hodgkin's lymphoma. They object on religious grounds to the treatment. (See prior posting.) In accordance with the court's mandate, Daniel did obtain a new chest X-ray on Monday. It showed that his tumor had returned to its size before the one chemotherapy treatment he had. The Minneapolis Star-Tribune reports that Daniel's father, Anthony Hauser, told the court that he does not know his wife's and son's whereabouts. Brown County District Judge John Rodenberg held Colleen Hauser in contempt of court. and ordered that Daniel be placed in foster care for oncology treatment as soon as he is found. AP reports that Daniel's father, Anthony, now believes his son should restart chemotherapy.

NY Town Charges Zoning Violations In Cow and Chicken Slaughter

Lower Hudson Journal News reports on motions that were granted in the Ramapo, New York town court yesterday in two cases pitting zoning authorities against some of the town's Orthodox Jewish population. In one case, the judge granted owners of a yeshiva more time to answer charges that they violated zoning regulations when they slaughtered a cow in the school's back yard. In the other case, the court permitted organizers of last fall's kaparot ceremony involving slaughter of 13,000 chickens in a parking lot in Monsey (NY) to withdraw their guilty pleas and go to trial on zoning violation charges. Officials charged defendants with washing slaughtered chicken remains down a storm sewer and with leaving the parking lot littered with trash and chicken remains. (See prior posting.)

Reports On Two Priest Sexual Abuse Cases

The Seattle Times reported yesterday that a settlement has been agreed to in mid-trial by one of two plaintiffs suing the Catholic Archdiocese of Seattle over sexual abuse by a priest in 1976. The offending priest, Patrick O'Donnell, was transferred from Spokane to Seattle without Spokane Bishop Bernard Topel telling Seattle Church officials that O'Donnell was a repeat pedophile. 87-year old former Seattle Archbishop Raymond Hunthausen testified at the trial yesterday. Yesterday's Seattle Post-Intelligencer describes his testimony in some detail. The second plaintiff in the case has not settled, and the trial continues on his claims.

Meanwhile, the Wilmington, Delaware News-Journal reports on another ongoing priest abuse case. A civil suit was filed in Delaware state court by a 46-year old man against the Oblates of St. Francis de Sales and Salesianum School. Plaintiff says he was abused from 1982-1984 by now-deceased Rev. Richard Grant who was principal of the school. This is one of more than a dozen suits that have been filed against the Oblates and several of their priests since Delaware opened a two-year window for old claims to be filed through its 2007 Child Victim Act.

Laid-Off Church and Synagogue Employees Find No Unemployment Benefits

UPI today, in a report from Richmond, Virginia, says that many people recently laid off their jobs by churches and synagogues are surprised to find that they are not entitled to state unemployment benefits. Under Virginia law, churches are exempt from paying unemployment taxes. (Va. Code § 60.2-213(B)) The Catholic Diocese of Richmond has a voluntary self-insurance arrangement with the state under Va. Code § 60.2-501. Laid-off workers file for unemployment, and if the claim is approved, the state bills the Diocese for the actual amount of benefits paid out to the former employee.

Israel's High Court Orders Equal Funding For Non-Orthodox Conversion Classes

Jerusalem Post reports that Israel's High Court of Justice today handed down a landmark ruling requiring the government to fund Reform and Conservative institutions that offer classes to prepare individuals for conversion to Judaism, on an equal basis with Orthodox bodies. Ruling in a case brought by the Israeli Movement for Progressive Judaism, a 3-judge panel of the Court ordered the Immigration and Absorption Ministry to set criteria for equal funding, and to retroactively fund the organizations for the past three years. Justice Dorit Beinisch, president of the Supreme Court , wrote in her opinion that the government must allow different conversion institutions to "coexist" as a matter of "freedom of religion and pluralism." Her opinion suggested that an alternative would be for the government to stop funding private Orthodox conversion classes.

Meanwhile, JTA reports that in another ruling yesterday, Israel's Supreme Court ordered the High Rabbinic Court to explain why, in a decision last year, it retroactively nullified conversions that had been carried out through special conversion courts headed by Rabbi Haim Druckman. (See prior posting.)

Conference Discusses Legal Issues In Sharia-Compliant Financing

Reuters reports on a conference of Islamic scholars held yesterday in Bahrain to discuss legal issues raised by Sharia-compliant financing arrangements. Western business partners generally want contractual provisions that stipulate British law will govern commercial contracts-- and any arbitration proceedings to settle contractual disputes. However strict interpretations of Islamic law preclude this because Sharia does not accept human-made law that is not derived from Islam. Scholars urged parties to contracts to build in arbitration provisions that refer disputes to Sharia-based arbitration centers, like Dubai's International Islamic Centre for Reconciliation and Commercial Arbitration. However Westerners are reluctant, and Dubai's center, created in 2005, has yet to hear a case.

As international economic problems increase, courts are beginning to see disputes involving Sharia-compliant real estate financing. One of the issues being raised is whether, in loans structured as purchases by the bank on behalf of the borrower to comply with Islamic law, courts should look to the form of the transaction and apply laws applicable to real estate sales, or should instead look through form to substance and apply rules applicable to loans.

Federal Lawsuit By Jews for Jesus Seeks To Enjoing Park Permit Regulations

Following a state court ruling earlier this year dismissing criminal charges against "Jews for Jesus" missionary Susan Mendelson who was arrested for violating park rules in distributing literature in Burns Park in the Town of Oyster Bay, New York (see prior posting), a federal court lawsuit seeking to enjoin further enforcement of the Town's permit regulations has been filed. The challenged code and regulations require a permit to distribute leaflets in Town parks. Mendelson refused to limit her distribution to a fixed table location in the park as authorities demanded. The complaint (full text) in Jews for Jesus, Inc. v. Town of Oyster Bay, (ED NY, filed 5/7/2009), alleges that Town of Oyster Bay Code § 168-16 and Regulations promulgated under it, as well as the town's actions against her, violate the 1st and 14th amendments as well as the free speech provisions of New York's constitution. The complaint also seeks a declaratory judgment. An Alliance Defense Fund release yeaterday announced the filing of the lawsuit.

Oklahoma Governor Signs 10 Commandments Bill

The Tulsa World reports that Oklahoma Governor Brad Henry on Monday signed House Bill 1330 [Word .doc] that authorizes placement of a Ten Commandments monument on the State Capitol grounds. The new law may well invite litigation. Anticipating that, the drafters specified that the Oklahoma monument-- which will be paid for by private funds-- should have the same text as the monument on the Texas State Capitol grounds that was upheld against an Establishment Clause attack in a 2005 U.S. Supreme Court decision, Van Orden v. Perry. (See prior posting.)

Indian Christians Applaud Results of Parliamentary Elections

Last weekend's Parliamentary elections in India resulted in the Indian National Congress, leading a secular alliance, winning the largest number of seats. (Wall Street Journal analysis). (Official results.) According to UCAN, Christian groups are elated. The All India Christian Council applauded the electorate's "consummate and decisive" rejection of divisive and sectarian political forces. Christians had feared that that National Democratic Alliance, led by the pro-Hindu BJP (Bharatiya Janata Party), would win. BJP is the political arm of right wing Hindu groups that want to create a Hindu theocracy in India.

Supreme Court Rejects Discrimination Claim By Muslim For His Post- 9/11 Arrest

Today in Ashcroft v. Iqbal, (Sup. Ct., May 18, 2009), the U.S. Supreme Court reversed the 2nd Circuit and rejected 1st and 5th Amendment Bivens claims brought by a Pakistani-Muslim who was arrested in the U.S. in the wake of the September 11 attacks. The complaint alleged that the former U.S. Attorney General and the former Director of the FBI subjected Iqbal to harsh conditions of confinement as a person of high interest because of his race, religion and national origin. In a 5-4 decision written by Justice Kennedy, the majority concluded that Iqbal's complaint failed to state sufficient facts to support a claim for purposeful discrimination:

Where the claim is invidious discrimination in contravention of the First and Fifth Amendments, our decisions make clear that the plaintiff must plead and prove that the defendant acted with discriminatory purpose.... [T]o state a claim ... respondent must plead sufficient factual matter to show that petitioners adopted and implemented the detention policies at issue not for a neutral,investigative reason but for the purpose of discriminating on account of race, religion, or national origin....

The September 11 attacks were perpetrated by 19 Arab Muslim hijackers who counted themselves members in good standing of al Qaeda, an Islamic fundamentalist group. Al Qaeda was headed by another Arab Muslim—Osama bin Laden—and composed in large part of his Arab Muslim disciples. It should come as no surprise that a legitimate policy directing law enforcement to arrest and detain individuals because of their suspected link to the attacks would produce a disparate, incidental impact on Arab Muslims, even though the purpose of the policy was to target neither Arabs nor Muslims. On the facts respondent alleges the arrests Mueller oversaw were likely lawful and justified by his nondiscriminatory intent to detain aliens who were illegally present in the United States and who had potential connections to those who committed terrorist acts.

Justices Souter, Stevens, Breyer and Ginsburg dissented. SCOTUS Wiki has links to all the briefs that were filed in the case. The New York Times reports on today's decision. (See prior related posting.)

Magazine Discloses Rumsfeld Embellished Top Secret Reports To Bush With Bible Quotes

GQ yesterday published a long article critical of former Secretary of Defense Donald Rumsfeld. One of the things it disclosed for the first time was Rumsfeld's practice of often placing Biblical verses on the cover sheet of the top secret Worldwide Intelligence Update delivered daily to President George W. Bush and a few top military leaders. Here is GQ's slide show of a number of the cover sheets that carry Biblical quotes to embellish images from the previous day's battle front. GQ explained the origin of the cover sheets:

These cover sheets were the brainchild of Major General Glen Shaffer, a director for intelligence serving both the Joint Chiefs of Staff and the secretary of defense. In the days before the Iraq war, Shaffer’s staff had created humorous covers in an attempt to alleviate the stress of preparing for battle. Then, as the body counting began, Shaffer, a Christian, deemed the biblical passages more suitable. Several others in the Pentagon disagreed. At least one Muslim analyst in the building had been greatly offended; others privately worried that if these covers were leaked during a war conducted in an Islamic nation, the fallout—as one Pentagon staffer would later say—"would be as bad as Abu Ghraib."

But the Pentagon’s top officials were apparently unconcerned about the effect such a disclosure might have on the conduct of the war or on Bush’s public standing. When colleagues complained to Shaffer that including a religious message with an intelligence briefing seemed inappropriate, Shaffer politely informed them that the practice would continue, because "my seniors"—JCS chairman Richard Myers, Rumsfeld, and the commander in chief himself—appreciated the cover pages.

[Thanks to Scott Mange for the lead.]

UPDATE: New York Times coverage this morning of the CQ article quotes former Pentagon officials as saying that they doubted President Bush regularly saw the Pentagon briefing, which was less complete than his daily intelligence briefing. One former Pentagon spokesman said while he had no recollection of the Biblical quotes, he doubted that Rumsfeld would have tolerated them or used them to influence the White House.

Catholic High School Sues San Diego Under RLUIPA

Yesterday's San Diego Union Tribune reports that a California Catholic girl's high school, Academy of Our Lady of Peace, has filed a RLUIPA lawsuit in federal court. It challenges the the refusal by San Diego's City Council to permit it to demolish three homes near campus in order to construct a new classroom building and parking structure. Here is the school's overview of its proposed modernization project.

Coney Island Amphteater Foes Invoke Law Protecting Nearby Religious Institutions

In Brooklyn, New York, opponents of a proposed $64 million amphitheater project in Coney Island's Asser Levy Park plan to use a city law designed to protect religious congregations to fight the project. Yesterday's New York Daily News and YourNabe last week report that opponents are invoking New York City's law prohibiting amplified sound within 500 feet of religious institutions, schools, courthouses and other gathering places when they are in session. An Orthodox synagogue, Sea Breeze Jewish Center, which is 300 feet from the park, has services every day. Already police do not issue sound permits for the park for Friday and Saturday nights because of larger services at the synagogue on the Sabbath. But up to now synagogue members have not complained about concerts on other nights in the park's existing band shell. Both Sea Breze and nearby Temple Beth Abraham say that concerts at the new facility will in fact disrupt their services. Borough President Marty Markowitz argues that the new project will turn the park into a prime venue for summertime entertainment. Opponents of the project, however, are gathering signatures on a petition and say they will take Markowitz to court. [Thanks to Steven Sholk and to Joel Katz (Relig. & State In Israel) for the lead.]

Turkish Protesters Want Country To Remain Secular

In Ankara, Turkey yesterday, according to Reuters, some 20,000 protesters marched, calling for the resignation of Prime Minister Tayyip Erdogan. The demonstrators, carrying banners reading "Secular Turkey will stay secular," object to what they believe is Erdogan's moves to make Turkey more Islamic. Protesters were also concerned with the government's handling of the economy.

Recent Articles of Interest

From SSRN:

• Jeremy J. Patrick, Blasphemy in Pre-Criminal Code Canada: Two Sketches, (May 15, 2009).
• Andreas A Jobst, Peter Kunzel, Paul S. Mills, & Amadou N. R. Sy, Islamic Bond Issuance - What Sovereign Debt Managers Need to Know, (International Journal of Islamic and Middle Eastern Finance and Management, Vol. 1, No. 4, pp. 330-344, 2008).

From SmartCILP and elsewhere:

• Hon. Edith Brown Clement, Public Displays of Affection...for God: Religious Monuments After McCreary and Van Orden, 32 Harvard Journal of Law & Public Policy 231-260 (2009).
• John M. Breen, Neutrality in Liberal Legal Theory and Catholic Social Thought, 32 Harvard Journal of Law & Public Policy 514-597 (2009).
• William C. Duncan, Speaking Up For Marriage, 32 Harvard Journal of Law & Public Policy 915-930 (2009).
• Stanley W. Carlson‐Thies, Faith-Based Initiative 2.0: The Bush Faith-Based and Community Initiative, 32 Harvard Journal of Law & Public Policy 931-947 (2009).
• Stanley Fish, To the Pure All Things Are Pure: Law, Faith, and Interpretation In the Prose and Poetry of John Milton [abstract], 21 Law & Literature 78-92 (2009).
• Eli Wald, The Rise and the Fall of the WASP and Jewish Law Firms, 60 Stanford Law Review 1803-1866 (2008).
• Michael Whine, Devising Unified Criteria and Methods of Monitoring Anti-Semitism, Jewish Political Studies Review 21:1-2 (Spring 2009).

New York Court Confirms Israeli Arbitral Award In Etrog Dispute

In Schwartzman v. Harlap, (ED NY, April 13, 2009), a New York federal district court granted a petition to confirm a foreign arbitral award in a dispute between an etrog grower and the grower's exclusive distributor. An etrog (citron) is a fruit used in the worship services by Jews on the holiday of Sukkot. Last week's Jewish Press summarized the case (which had been brought under Chap. 2 of the Federal Arbitration Act):

The case concerned Yaakov Charlop, founder of the popular Esrog Warehouse in Queens who had contracted to purchase esrogim from Betzalel Schwartzman, who represents the renowned Schwartzman Esrogim grown in Israel. Charlop withheld payment of $66,000 because he claimed that the esrogim were of substandard quality.... [,]that he was supposed to be the exclusive distributor of Schwartzman esrogim in the United States and that Betzalel Schwartzman, proprietor, had sold esrogim to other dealers here, thus violating the agreement.

In a handwritten agreement ... Rabbi Eliezer Stern, a respected scholar and head of the Belzer Beth Din in Bnei Brak, was specified ... as the designated Rav to whom each side would bring any disagreements.... Charlop claims now that he was unaware at that time that Rabbi Stern was also to serve as the ... kosher certifier of the esrogim.

The case was heard in Israel at the Belzer Beth Din... [which] decided against Charlop and ordered him to pay $66,000 to Schwartzman. Charlop felt that the Beth Din had a conflict of interest... [that] predisposed the Beth Din to be partial to Schwartzman.... Charlop then brought the disagreement to Federal Court in the United States, where ... Judge Cogan ruled against dismissing the Beth Din decision, writing that, "Respondent cannot use this court to obtain a second bite of the esrog."

[Thanks to Joel Kaatz (Relig. & State In Israel) for the lead.]

Obama Speaks At Notre Dame Over Objections of Pro-Lifers

As I post this, President Obama is delivering his address at the University of Notre Dame's graduation, and receiving an honorary degree. In his speech (full text as prepared for delivery) he addressed both the controversy over his receiving an honorary degree and the broader abortion controversy in the United States. On the honorary degree, he quipped, comparing himself to former Notre Dame president Father Theodore Hesburgh who was in attendance and who holds the record for the most honorary degrees ever awarded to one person:

I want to thank you for this honorary degree. I know it has not been without controversy. I don't know if you're aware of this, but these honorary degrees are apparently pretty hard to come by. So far I'm only 1 for 2 as President. Father Hesburgh is 150 for 150.

On the broader abortion issue, he said:

Maybe we won't agree on abortion, but we can still agree that this is a heart-wrenching decision for any woman to make, with both moral and spiritual dimensions.

So let's work together to reduce the number of women seeking abortions by reducing unintended pregnancies, and making adoption more available, and providing care and support for women who do carry their child to term. Let's honor the conscience of those who disagree with abortion, and draft a sensible conscience clause, and make sure that all of our health care policies are grounded in clear ethics and sound science, as well as respect for the equality of women."

Understand - I do not suggest that the debate surrounding abortion can or should go away. No matter how much we may want to fudge it - indeed, while we know that the views of most Americans on the subject are complex and even contradictory - the fact is that at some level, the views of the two camps are irreconcilable. Each side will continue to make its case to the public with passion and conviction. But surely we can do so without reducing those with differing views to caricature.

Passionate protests preceded Obama's speech. On Friday, WNDU reported that seven pro-life protesters-- including former Presidential candidate Alan Keyes-- were arrested when they insisted on bringing their protest onto campus. Also last week, the group Stop Obama Notre Dame issued a press release quoting the words of the honorary degree, and then quoting John Paul II, contending that this demonstrates "that Notre Dame has contradicted Church teaching by her words and actions." However in introducing Obama, Notre Dame President Rev. John Jenkins had profuse praise for Obama, and for his willingness to speak despite the controversy over his appearance.

Census Will Reach Out To Amish Community

Today's Wisconsin State Journal reports that among the special effors being made by federal census officials to make sure that next year's head count is accurate is outreach to the Amish community. Historically the Amish have not been counted accurately. A Census Bureau spokesperson said that the Bureau hopes to include Wisconsin Amish in a partnership program that uses local volunteers to create "complete count committees." The committees, using local business, education and faith-based groups, help spread the word about the importance of responding to the census. The Wisconsin Amish population is currently estimated to be 15,525.

Judge Says Defendant Nun Can Wear Habit During Her Jury Trial

A Kane County, Illinois judge has ruled that Sister Marie Marot can wear her religious habit when she stands trial on a traffic ticket on Monday. Friday's Arlington Heights (IL) Daily Herald reports that the 24-year old nun is charged with disobeying a traffic control device in connection with a 2007 auto accident in which she drove her van through a traffic light and struck a smaller car car whose 16-year old back-seat passenger was killed in the crash. Prosecutors argued that Marot's religious garb might prejudice the jury in her favor, but defense attorneys say that her religious beliefs require her to wear the habit-- a tunic and veil.

UPDATE: On May 19, a jury found Sister Marie Marot not guilty. (Sun Times News Group.)

Developments In Two Episcopal Church Claims To Property of Breakaway Parishes

In Pennsylvania, the Episcopal Church has filed a complaint (as Plaintiff-in-Intervention) in an ongoing lawsuit, seeking a declaratory judgment that it, rather than the break-away diocese that has affiliated with the Anglican Province of the Southern Cone, is the proper authority to control the real and personal property of the Diocese of Pittsburgh. The complaint-in-intervention (full text) in Calvary Episcopal Church v. Right Reverend Robert William Duncan, (PA Com. Pl., filed 5/12/2009), also asks for an order requiring breakaway Bishop Robert Duncan and his followers to vacate the property of the Pittsburgh diocese and to furnish an accounting. A report by Virtue Online on Friday describes the lawsuit from the perspective of the breakaway diocese.

Meanwhile in California, an Orange County Superior Court judge has refused to impose sanctions for filing a frivolous claim on St. James Church, which disaffiliated from the Episcopal Diocese of Los Angeles in 2004. Steadfast in Faith reports that the case began as suit by the Episcopal Diocese against St. James and two other breakaway parishes. (Timeline.) They in turn filed anti-SLAPP motions, which were denied by the California Supreme Court. (See prior posting.) The Episcopal Diocese sought sanctions arguing that the anti-SLAPP motions were frivolous. St. James has filed a petition for certiorari with the U.S. Supreme Court in the underlying lawsuit. (See prior posting.)

Recent Prisoner Free Exercise Cases

In Burton v. Clark, 2009 U.S. Dist. LEXIS 39330 (ED CA, April 23, 2009), a California federal magistrate judge dismissed a Jewish prisoner's challenges to his being removed from a kosher diet plan and being placed instead on a Religious Vegetarian diet. The court also rejected plaintiff's claim that he was prevented from attending religious services.

In Farrakhan v. Johnson, 2009 U.S. Dist. LEXIS 40342 (ED VA, May 13, 2009), a Virginia federal district court rejected an inmate's free exercise and equal protection claims that he was denied a religious diet, was forced to eat while fasting and was forced to clean and relieve himself in view of female officers. The court held that he had not shown that his claims are rooted in his religious beliefs.

In Evans v. Albany County Correctional Facility, 2009 U.S. Dist. LEXIS 40630 (ND NY, May 14, 2009), a New York federal district court rejected a Rastafarian prisoner's claim that his receiving the "wrong meals" a number of times (instead of his vegetarian diet) violated his free exercise rights. UPDATE: The magistrate's recommendation in the case is at 2009 U.S. Dist. LEXIS 45983 (ND NY, Jan. 30, 2009).

In Maier v. Swanson, 2009 U.S. Dist. LEXIS 40822 (D MT, May 14, 2009), a Montana federal district court accepted a magistrate's recommendation to dismiss plaintiff's claim that his free exercise and equal protection rights and his rights under RLUIPA were infringed when prison authorities denied him tarot cards in administrative segregation.

Voucher Supporters Want New Law In Arizona

In March, the Arizona Supreme Court held that two school voucher programs-- one for children with disabilities and the other for children in foster care-- violate the state constitutional prohibition on appropriating public money in aid of any private or sectarian school. (See prior posting.) According to a report by AP yesterday, now voucher supporters are seeking a special session of the Arizona legislature to pass new legislation. The proposal would create individual and corporate tax credits for donations to tuition grants for disabled and foster children attending private schools. However, the 9th Circuit recently also held that Arizona's existing scholarship tax credit program violates the Establishment Clause. (See prior posting.)

9th Circuit Stays Proceedings In Boy Scouts Case Pending High Court Actions

Yesterday in Barnes-Wallace v. City of San Diego, (9th Cir., May 15, 2009), the U.S. 9th Circuit Court of Appeals issued an order staying further proceedings in the long -running case that challenges the constitutionality of San Diego's leasing of city property at nominal rents to the Boy Scouts. The 9th Circuit issued the stay pending the final determination of a petition for certiorari pending with the US Supreme Court in the case and pending a decision by the Supreme Court in Buono v. Salazar, another religion case it is scheduled to hear next term. Most recently in Barnes-Wallace, the California Supreme Court denied the 9th Circuit's request that it decide three questions of law certified to it in the case. [Thanks to Bob Ritter for the lead.]

Court Rejects Teenager's Religious Objection To Cancer Treatment

After a hearing, in a lengthy opinion a Minnesota trial court has issued an order overriding the free exercise objections of 13-year old Daniel Hauser and his parents to Daniel’s receiving chemotherapy for Hodgkin’s lymphoma. The court also rejected his parents’ due process parental rights objections. The court found that Daniel does not understand his medical situation and lacks the ability to give informed consent as to medical procedures. The court concludes that the state has a compelling interest in seeing that Daniel obtains appropriate treatment. The court set the next hearing in the case for May 19, and ordered the parents in the meantime to get a chest X-ray for Daniel and select an oncologist for him. In In re Welfare of Child of Colleen Hauser and Anthony Hauser, (MN Dist Ct., May 14, 2009), the court found:

The family has a genuine and strong belief in the benefits of holistic medicine and, specifically, in Nemenhah. Nemenhah is based upon Native American healing practices. Daniel is deemed to be a “medicine man” by Nemenhah and does not wish to receive any additional chemotherapy.

Daniel Hauser is an extremely polite and pleasant young man. While he is 13 years of age, Daniel is unable to read. He does not know what the term "elder" means, although he claims to be one. He knows he is a medicine man under Nemenhah teachings, but is unable to identify how he became a medicine man or what teachings he has had to master to become one. He believes in the principle of "do no harm" and attributes his belief to Nemenhah teachings.

The court's website provides links to pleadings and partial transcripts from the hearing. AP reports on the decision. (See prior related posting.) [Thanks to Scott Mange and David Waddilove for the lead.]

Radical Group Sued By Church Under Little-Known Federal Provision

Alliance Defense Fund on Wednesday announced the filing of an interesting lawsuit in federal district court in Michigan. The Freedom of Access To Clinic Entrances Act, 18 USC Sec. 248, in addition to protecting abortion clinics, contains a little-known provision banning forcible obstruction or intimidation of anyone exercising the First Amendment right of religious freedom at a place of religious worship. The complaint (full text) in Mount Hope Church v. Bash Back!, (WD MI, filed 5/13/2009), relying on these provisions (as well as common law trespass), seeks an injunction and damages against a self-described "Radical Trans/Queer" group, Bash Back!, that engaged in a protest, infiltration and disruption of the Church's service in November 2008.

New Hampshire Governor Will Sign Same-Sex Marriage Bill Only If New Religious Protections Are Added

New Hampshire's Governor John Lynch yesterday released a statement saying that despite his personal views on the subject, he will sign the same-sex marriage legislation passed by the state legislature last week only if legislators first amend it to provide more protections for religious institutions. Otherwise he will veto it. NECN News has posted both a transcript and a video of his statement, which says in part:

... I understand, the very real feelings of same-sex couples that ... a civil law that differentiates between their committed relationships and those of heterosexual couples undermines both their dignity and the legitimacy of their families. I have also heard, and I understand, the concerns of our citizens who have equally deep feelings and genuine religious beliefs about marriage. They fear that this legislation would interfere with the ability of religious groups to freely practice their faiths.

Throughout history, our society's views of civil rights have constantly evolved and expanded. New Hampshire's great tradition has always been to come down on the side of individual liberties and protections. That is what I believe we must do today. But ... we must act to protect both the liberty of same-sex couples and religious liberty. In their current form, I do not believe these bills accomplish those goals.

The Legislature took an important step by clearly differentiating between civil and religious marriage, and protecting religious groups from having to participate in marriage ceremonies that violate their fundamental religious beliefs. But the role of marriage in many faiths extends beyond the actual marriage ceremony.... [T]he laws of other states, including Vermont and Connecticut, ... go further in protecting religious institutions.... This morning, I met with House and Senate leaders, and the sponsors of this legislation, and gave them language that will provide additional protections to religious institutions. This new language will provide the strongest and clearest protections for religious institutions and associations, and for the individuals working with such institutions. It will make clear that they cannot be forced to act in ways that violate their deeply held religious principles.

If the legislature passes this language, I will sign the same-sex marriage bill into law. If the legislature doesn't pass these provisions, I will veto it.

(See prior related posting.)

Contempt Citation Sought For Violation of School Event Prayer Ban In Florida District

Earlier this month, a Florida federal district court formally approved a consent decree barring the Santa Rosa (FL) school district and its employees from including prayers in any school event. (See prior posting.) Yesterday's Pensacola (FL) News Journal reports that now the ACLU has filed a motion seeking to hold school clerical employee Michelle Winkler in contempt for violating the preliminary injunction that preceded the consent decree [corrected]. Winkler called on her husband-- who is not employed by the district-- to deliver a prayer at the school district's "non-instructional employee of the year" banquet after Winkler was told that she could not offer a prayer, but only a nonreligious "thought of the day." In seeking permission, Winkler had e-mailed a supervisor, saying: "I would like to use the prayer I had prayed about and received from God and will suffer whatever consequences for." The contempt motion contends that district officials should have intervened to stop the prayer at the banquet, or at least afterward told those in attendance that it violated the court order.

Catholic Leaders Urge Removal of Harry Knox From Faith-Based Advisory Council

On Wednesday, two dozen conservative Catholic religious and political leaders sent a letter (full text) to President Barack Obama urging him to remove Harry Knox from the President's Advisory Council on Faith-Based and Neighborhood Partnerships. Among the signers was House Republican Leader, John Boehner. The letter charges that: "Knox is a virulent anti-Catholic bigot, and has made numerous vile and dishonest attacks against the Church and the Holy Father." Knox is director of the Faith and Religion Program at the Human Rights Campaign, an LGBT civil rights organization. CNS News reports on Knox's reaction. He told a Newsmax interviewer: "I have a tremendous amount of respect for the Roman Catholic Church and for all the good that it does. I do think that we have a real disagreement about the role of lesbian, gay, bisexual, and transgender people, both in the role of the church and in the role of public service." (See prior related posting.)

Australian State Charges Racial Vilification In Posting of Anti-Semitic Video

AP reported yesterday that in Perth, Australia, a 38-year old man has been charged with violating Western Australia's Racial Vilification Act of 2004 by posting a threatening anti-Semitic 10-minute video on YouTube. Under Australian law, defendants cannot be identified by name until their first court appearance. If the prosecution is successful, the defendant will become the first person convicted under the law.

En Banc Review Sought In Arizona Scholarship Tax Credit Case

The Institute for Justice announced yesterday that it has filed a petition with the 9th Circuit Court of Appeals seeking en banc review of the 3-judge panel's decision in Winn v. Arizona Christian School Tuition Organization. In the case, a 3-judge panel ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. Most of the funds are used for scholarships to religious schools. (See prior posting.) The Institute argues that the Arizona program is religiously neutral. It says that nothing in the law encourages parents or taxpayers to choose religious organizations or schools over secular ones.

Tennessee AG Says Specialty Plate For Church Is Unconstitutional

On Wednesday, the Tennessee Attorney General's Office issued Opinion No. 09-82 finding that a proposed bill to create a specialty license plate honoring the Church of God in Christ would violate the Establishment Clause. SB2145, as amended, provides that the funds produced by sale of the plates will be allocated to Church of God in Christ Charities. The AG's opinion concludes that the proposed law favors one religious entity and that both the message on the plates and the direct payment of funds to the church and its charities would be seen as an endorsement of religion. Finally, the Opinion concludes that the program would probably require monitoring to make sure that the funds were not used for religious purposes, and that would create an unconstitutional intrusion into church operations. Wednesday's Memphis Commercial Appeal reported on the AG's advisory opinion.

New Monograph Traces Limits On Government Funding of Religion

The Pew Forum on Religion & Public Life announced yesterday that it has issued a new report titled: Shifting Boundaries: The Establishment Clause and Government Funding of Religious Schools and Other Faith-Based Organizations. The 18-page monograph traces the history-- beginning in the 18th century-- of public funding of religious activity and the development of legal principles restricting funding. This is the fifth in a series of reports issued by the Pew Forum, beginning in 2007, under the label: "Religion & the Supreme Court: The Pillars of Church-State Law."

Pope Continues Mid East Trip In West Bank Amid Politics of the Region

Zenit reports on the fifth day of Pope Benedict XVI's Middle Eastern trip. He spent yesterday in the West Bank, delivering four addresses. In at least two of them, he again tread into the politics of the Israeli-Palestinian conflict. During a welcome from Palestinian president Mahmoud Abbas at the presidential palace in Bethlehem, Pope Benedict spoke (full text) saying in part:

Mr. President, the Holy See supports the right of your people to a sovereign Palestinian homeland in the land of your forefathers, secure and at peace with its neighbors, within internationally recognized borders.... It is my earnest hope that the serious concerns involving security in Israel and the Palestinian Territories will soon be allayed sufficiently to allow greater freedom of movement, especially with regard to contact between family members and access to the holy places.

Later in the day the Pope spoke at Aida Refugee Camp near Bethlehem, where he praised the work of Catholic aid agencies who provide humanitarian assistance to refugees (full text of remarks). He said in part:

My visit to the Aida Refugee Camp this afternoon gives me a welcome opportunity to express my solidarity with all the homeless Palestinians who long to be able to return to their birthplace, or to live permanently in a homeland of their own....

Towering over us ... is a stark reminder of the stalemate that relations between Israelis and Palestinians seem to have reached -- the wall. In a world where more and more borders are being opened up -- to trade, to travel, to movement of peoples, to cultural exchanges -- it is tragic to see walls still being erected.... On both sides of the wall, great courage is needed if fear and mistrust is to be overcome, if the urge to retaliate for loss or injury is to be resisted. It takes magnanimity to seek reconciliation after years of fighting. Yet history has shown that peace can only come when the parties to a conflict are willing to move beyond their grievances and work together towards common goals, each taking seriously the concerns and fears of the other, striving to build an atmosphere of trust. There has to be a willingness to take bold and imaginative initiatives towards reconciliation: if each insists on prior concessions from the other, the result can only be stalemate

Today, according to the New York Times, the Pope will meet with Israeli Prime Minister Benjamin Netanyahu. Again political considerations shape the location. The two leaders will meet at the Church of the Annunciation in Nazareth instead of at the Apostolic Delegation in East Jerusalem that Benedict often uses. The Los Angeles Times last week reported on a complicated exchange between reporters and a spokesman for the Vatican who attempted to sidestep the political issues that would have been presented by a meeting at the East Jerusalem site that is officially known as the Apostolic Delegation of Jerusalem and Palestine.

7th Circuit En Banc Hears Arguments On Condominium Mezuzah Ban

Yesterday, the U.S. 7th Circuit Court of Appeals en banc heard oral arguments in Bloch v. Frischholz (recording of full arguments). In the case, a 3-judge panel of the Court last July rejected a claim under the federal Fair Housing Act by a Chicago condominium owner who objected to a condo association rule that effectively prevents any Jewish resident from placing a mezuzah on his or her door. The majority opinion in the 2-1 panel decision was written by Judge Frank Easterbrook. Judge Diane Wood dissented. (See prior posting.) The Chicago Tribune, reporting on yesterday's oral arguments, focuses on the active questioning by Judge Wood, who has been widely mentioned as a possible nominee to the U.S. Supreme Court. Here is a link to all the briefs that have been filed in the case.

DC Church Gets Demolition Permit Despite Its Historic Landmark Status

Washington, D.C.'s Third Church of Christ, Scientist, has finally won the right to demolish its downtown church building, despite its designation in 2007 as an historic landmark. The concrete building, designed by architect Araldo Cossutta, is an example of "brutalist" architecture. (Photo of building.) The Washington Post reports on the decision handed down Tuesday by the Mayor's Agent for Historic Preservation. In In re Third Church of Christ, Scientist, Washington, D.C., (DC Hist. Pres. Off., May 12, 2009), the Mayor's Agent held that denying a demolition permit will cause the Church unreasonable economic hardship-- a ground under the District's historic landmark law to allow demolition. The building is in need of substantial repairs that the Church cannot afford. The opinion concludes:

Although the Church’s present predicament results from design choices it agreed to, albeit reluctantly, those choices were made in the hope of achieving breakthrough architecture. To force this congregation to live with, and almost certainly die as a result of the failure of its experiment would dissuade others from choosing the novel over the mundane.

However the decision conditioned granting of the permit on the Church's maintaining its downtown presence in a new building. It is not clear whether this ruling moots a pending federal court action challenging the historic landmark designation originally imposed on the Church. (See prior posting.)

Canadian Parents Seek Funding For Blind, Deaf, Learning Disabled In Faith Schools

Today's Canadian Jewish News reports on a hearing scheduled for later this month in Ontario Divisional Court in Toronto in a lawsuit seeking government funding of services for blind, deaf and learning disabled children attending religious parochial schools. The lawsuit, filed in 2007 by parents of Jewish and Muslim children, alleges that their rights under Canada's Charter of Rights and Freedoms are being infringed. Children in public and Catholic schools in Ontario receive funding for these services. Religious schools get funding from the Ministry of Health for speech therapy, occupational therapy, physiotherapy, nursing services and dietetic services. Parents want the Ministry to use a $10 million surplus it has in the account for health services for students in faith-based schools to assist blind, deaf and learning disabled students as well. Currently the Ministry of Education is responsible for these student needs.

West Virginia Mother Sues Over School Immunization Requirements

Yesterday's Charleston (WV) Daily Mail reports on a lawsuit filed in federal court last month by a mother who objects on religious grounds to her 6-year old daughter receiving her required immunizations to attend school. The mother says her beliefs are a combination of Baptist and Pentecostal doctrines. While West Virginia allows medical exemptions from the immunization requirements, it is one of only two states (the other is Mississippi) that have no exemption for religious or philosophical objections. The mother, Jennifer Workman, also says she is concerned that her daughter Madison might develop autism from the required vaccines. Workman's other daughter was diagnosed with atypical autism and other health problems shortly after she received immunizations. Madison is being home-schooled while the case is pending. State authorities say Workman failed to go through the state appeals process to obtain an exemption before filing the lawsuit.

UPDATE: The May 18 West Virginia Record reports that the judge in the case has entered a temporary restraining order permitting the girl to attend school until the end of this school year while the case is pending. However, under the terms of the order, the school can remove the girl if cases of any disease preventable by vaccination break out at the school.

NY Assembly Passes Same-Sex Marriage Bill; Fate In Senate Unclear

The New York Assembly on Tuesday passed, by a vote of 89-52, A07732, a bill that would legalize same-sex marriage. The bill also provides that no member of the clergy is required to solemnize a marriage. The bill now goes to the state Senate where, according to NY1 News, it is unclear whether it will pass. Tuesday's New York Times says that conservative religious groups are mobilizing to fight against passage of the bill.

President Declares May As Jewish American Heritage Month

President Obama yesterday issued a Proclamation (full text) designating May as Jewish American Heritage Month. The Proclamation declares: "Jewish American history demonstrates how America's diversity enriches and strengthens us all." After "call[ing] upon all Americans to commemorate the proud heritage of Jewish Americans with appropriate ceremonies and activities," the Proclamation ends with the standard-- though here rather out of place-- statement: "IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May, in the year of our Lord two thousand nine...."

National Mock Trial Championship Places Asterisks On Standings of Rescheduled Teams; [UPDATE: Then Are Removed]

As previously reported, the National High School Mock Trial Competition last weekend, under intense pressure, agreed to reschedule certain rounds for Maimonides High School of Brookline, Massachusetts in order to accommodate the Sabbath observance of Jewish students from the school. Yesterday JTA reported that Maimonides won two and lost two trials. The official 2009 Championship Results on the national sponsor's website lists Maimonides as tying for 20th place with Hampden Academy of Maine-- both with asterisks after their entries. The footnote to the standings says: "20th place awarded to Massachusetts and Maine due to deviation from typical team advancement and progressive power-matching." In addition, Georgia's Decatur High School is listed as unranked with this note: "Georgia Decatur High School could only compete in two rounds to accommodate a deviation in the competition schedule, so the team is not ranked." It is unclear whether the footnotes for Maine and Georgia result from their being paired out-of-turn with Maimonides, or relate to different scheduling changes. JTA reports that other teams at the competition were very supportive of the schedule modification granted to Maimonides. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

UPDATE: A commenter points out that as of May 14, the asterisks beside the rankings of the Massachusetts and Maine teams has been removed.

US Elected To Seat On UN Human Rights Council

Yesterday's Washington Post reports that the United States for the first time has been elected to membership on the 47-member United Nations Human Rights Council. The U.S. has been strongly critical of the workings of the Council, and in the Bush administration chose not to seek a seat on it. (See prior posting.) U.S. Ambassador to the U.N. Susan Rice said there are still problems with the Council, but added: "We are looking forward to working from within with a broad cross-section of member states to strengthen and reform the Human Rights Council." (See prior related posting.) A State Department release also announces the U.S. election to the 3-year term on HRC. [Thanks to Alliance Alert for the lead.]

IRS Says Foundation Did Not Violate Non-Profit Rules

The Dallas Morning News reported yesterday that the Internal Revenue Service has cleared the Niemoller Foundation, a 501(c)(3) organization, of improper partisan political activity when it funded the Texas Restoration Project that hosted six "Pastors' Policy Briefings" before the 2006 elections. Texas Freedom Network had charged that the the Briefings were disguised attempts to get out the vote for Texas Governor Rick Perry's re-election campaign. (See prior posting.) However the IRS ruled that the conferences merely encouraged congregations to "vote their values," and did not encourage supporting a specific candidate. A Liberty Legal Institute press release announced the IRS ruling.

UPDATE: The full text of the IRS letter to the Niemoller Foundation is available from BNA Daily Report for Executives (subscription required).

Pope's Middle East Visit Continues To Be Politically Delicate

Arutz Sheva this morning reports on the continuing political delicacy of Pope Benedict XVI's visit to the Middle East. On Wednesday he travelled to Bethlehem, on the West Bank, to officiate in a Mass at Manger Square near the Church of the Nativty. Among the politically sensitive moments of his West Bank visit were his welcome by Palestinian Authority Chairman Mahmoud Abbas who gave the Pope as a gift a piece of cement from the controversial security barrier that Israel has built to stop suicide bombers from West Bank towns. The Pope also met in Bethlehem with Arab families who left Israel in 1948. He referred to them as "homeless"-- a characterization that has important significance in the Palestinians' demands for the right to return to Israel proper. While the Pope supports creation of an independent Palestinian state, he also encouraged Arab youth to avoid terrorism.

USCIRF Creates New Fellowship Program

The U.S. Commission on International Religious Freedom announced Monday that it has created the Joseph R. Crapa Fellowship Program in memory of USCIRF's former Executive Director. Each fellowship will be for a period of up to 12 months, and the person selected will spend most of his or her time in residence at USCIRF headquarters in Washington. USCIRF is interested in applicants who wish to study any of a broad group of issues relating to international aspects of religious freedom. Applications are due by June 15, 2009.

EU Official Says Lisbon Treaty Will Ensure Consultation With Religious Groups

Last year, Irish voters rejected the Lisbon Treaty in a referendum, partly out of concern that the European constitutional treaty failed to mention Europe's Christian roots in its Preamble. More broadly Irish voters were concerned about Europe's rejection of religion in the public sphere. (See prior posting.) A second vote on the Treaty will be held in Ireland this Fall. EU Observer reported Monday that European Parliament President Hans-Gert Poettering urged Irish voters to approve the Treaty, saying that it will ensure a consultative role for European religious leaders. Speaking after the annual meeting of religious leaders and EU institutions, Poettering said that without ratification of the treaty, future annual meetings of the sort that have been held since 2005 could not be assured.

Paper Explores Attempt To Organize A Good News Club

The Santa Barbara Independent last week carried a long investigative article chronicling an attempt to create a Good News Club program at Cold Spring Elementary School in Santa Barbara, California. Written by an elementary school parent, Katherine Stewart, who opposed the initiative to create the after-school Bible group, the article observes:

If the legal juggernaut of militant Evangelism makes the prospect of opposing the Good News Club daunting, the personal politics can be even more troubling for concerned parents. "I earn a living from my business in this community, and there are a lot of religious people here," said the Wisconsin father who objects to the club's activities in his school. "But I know that if I were to go public with my objections, I'd lose a lot of clients and my kids would get targeted." A California mother added: "My kids are going to be in this school system for many years. I don’t want them getting blowback from their peers. And I don’t want them to be discriminated against by their teachers." Another parent in New York said, "As a member of a religious minority, there is an additional sense of burden. You feel like your behavior is being scrutinized, you are worried about stereotyping. So you don’t speak up."

In a surprise ending, the effort at Cold Spring failed when no children showed up for the first Good News Club meeting. [Thanks to both Patrick O'Donnell and Katherine Stewart for the lead.]

Mexican State Amends Constitution To Define "Person" As Including Fetus

In the Mexican state of Guanajuato last week, the State Legislature approved an amendment to the state's Constitution to define "persons" under the law as "all human beings from conception to natural death." According to CNA's report on the legislature's action, at least nine other Mexican states have adopted similar constitutional amendments. (See prior related posting.)

Pope In Israel Finds Himself In Midst of Controversy

During the first day on the Israel leg of his Middle East trip, Pope Benedict XVI finds himself in the midst of political controversy. He delivered an address (full text) during his visit to Yad Vashem, the memorial to victims of the Holocaust. While Zenit described The Pope's remarks as "a moving address" that focused on the importance of remembering the names of Holocaust victims, Haaretz reported on some who were critical of the speech:

The chairman of the Yad Vashem Directorate, Avner Shalev, said he expected the pope, "who is a human being, too," to draw on his personal experience to issue a stronger condemnation of Nazis and Germans, who were not directly mentioned in the speech. The pope grew up in Nazi Germany and served in both Hitler Youth and the Wehrmacht, before deserting from the army in 1944. Shalev, however, said the speech was "important," especially in its criticism of denial of the Holocaust....

The chairman of Yad Vashem, Rabbi Yisrael Meir Lau, himself a Holocaust survivor, complained of the pope's usage of the word "millions" instead of the more specific "6 million" when speaking of the Holocaust's Jewish victims, as well as over his use of the word "killed" rather than "murdered."

The Pope's remarks included a plea that Holocaust victims' suffering "never be denied, belittled or forgotten!" Sky News points out the importance of this statement, since in recent months the Pope has been strongly criticized for lifting the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson. (See prior posting.)

Later in the day, the Pope spoke to leaders of interreligious dialogue efforts in a meeting at the Notre Dame Center in Jerusalem. (Full text of remarks.) At the end of the meeting, Sheikh Taysir al-Tamimi, the head of the Sharia religious courts in the West Bank and Gaza, delivered an unscheduled speech, lashing out at Israeli policy and insisting that Jerusalem was "the eternal political, national and spiritual capital of Palestine." Haaretz and the Financial Times report that the speech, delivered in Arabic, did not have simultaneous translation. The conference, as scheduled, broke up immediately after al-Tamimi's speech, and the Pope, when informed of the nature of al-Tamimi's remarks, left the conference hall with his entourage.

Appeal To DC Circuit Filed In Case Upholding Part of National Park Speech Permit Regs

On Monday, a Notice of Appeal to the Court of Appeals for the District of Columbia was filed in Boardley v. Department of Interior. In the case, the D.C. federal district court in a March 17, 2009 opinion (full text) held that a portion of national park regulations are invalid. The suit, brought by an individual who wanted to hand out gospel tracts at the Mt. Rushmore National Memorial challenged the constitutionality of 36 CFR 2.51 and 2.52 which authorize park superintendents to designate locations and require a permit for: "[p]ublic assemblies, meetings, gatherings, demonstrations, parades and other public expressions of views" and for the "sale or distribution of printed matter." The court held that the application of the regulation to "public assemblies" is a facially invalid prior restraint on speech. It delegates overly broad discretion to administrative officials. However the court upheld the remainder of the regulations. A release yesterday by Alliance Defense Fund announced the filing of the appeal challenging the court's upholding of parts of the regulations requiring an advance permit. (See prior related posting.)

Oklahoma House Resolution Opposes U.N. Convention on Rights of the Child

Yesterday the Oklahoma House of Representatives passed 61-28 and sent on to the state Senate House Concurrent Resolution 1033 (full text Word doc). The resolution "condemns the United Nations Convention on the Rights of the Child and urges the United States Senate to reject its ratification." As Religious Dispatches reported last week, concern that the U.S. might ratify the treaty has become the focus of much activity by conservative Christian groups who claim that the Convention would prevent parents from disciplining their children, from forcing them to go to church and would stop them from preventing their daughters from having abortions. Conservatives began to focus on the treaty after Barack Obama, during the Presidential campaign, said it was embarrassing that only the U.S. and Somalia have failed to ratify the 1989 treaty. Supporters of the treaty say that no country which has ratified it has experienced interference with parental rights from its provisions.

Zoning Challenge Filed By Illinois Jewish Day School

According to today's Evanston (IL) Review, an Orthodox Jewish organization filed suit in state court yesterday challenging the city of Evanston's denial of a special use permit to allow use of a former warehouse building as a Jewish day school. The group, Joan Dachs Bais Yaakov-Tiferes Tzvi, is challenging zoning regulations that allow "religious institutions and religious membership organizations" in the area, but exclude "religious educational institutions." The city, in denying the permit, expressed concerned about loss of property taxes. The complaint in the lawsuit alleges the zoning denial was arbitrary and unreasonable and that it violates the group's constitutionally protected speech and free exercise rights.

BBC Appoints Muslim As Head of Religious Programming

Despite the concern that has been expressed by some Christians in Britain, the BBC yesterday appointed Aaqil Ahmed to be head of all the broadcasters' religious programming. Ahmed is an experienced broadcasting executive. The London Mail says that the appointment for the first time places a Muslim in one of the most influential religious roles in the country.

Quebec Court Awards Damages To Raelians For Invasion of Privacy By Press

Yesterday's National Post reports on a decision by the Court of Quebec awarding $9000 in damages to two members of the Raelian movement who say their privacy was infringed by the undercover activities of a Sun Media Corp. reporter who infiltrated the sect. The two plaintiffs (a psychologist and a contractor) claim that they suffered injuries from their exposure as high-ranking Raelians. The lengthy decision in ville A (Québec) v. Corporation Sun Media, (Ct. of Que., March 31, 2009) (full text in French) (unofficial English translation) balances privacy rights with free press concerns. Describing the Raelian movement, the court says:

Rael, born in France, believes he is the result of the union between an Eloha, a member of an extra-terrestrial family, the Elohim, and a woman from Earth, and that after having received the good message from these which manifested themselves to him early in his adult life, he gave himself the mission to prepare the Elohim’s return on Earth and to create favourable conditions for humans of the Earth for them to give us eternal life.

The Raelian movement issued its own press release on the decision.

Privy Council Holds Trinidad & Tobago's Trinity Cross Unconstitutional

Great Britain's Privy Council Judicial Committee hears appeals of certain cases decided by Trinidad and Tobago's Court of Appeal. (Background.) In Sanatan Dharma Maha Sabha of Trinidad and Tobago Inc. v. The Attorney General of Trinidad and Tobago, (Privy Council, April 28, 2009) [Word doc), the Privy Council held that Trinidad and Tobago's Trinity Cross of the Order of Trinity, the country's highest award for meritorious service or gallantry, is unconstitutional under Trinidad and Tobago's Constitution as "an infringement of the rights and freedoms of members of the Hindu and Muslim communities in Trinidad and Tobago."

The decision reverses a 2007 judgement of the Trinidad and Tobago Court of Appeal holding that while the country's Trinity Cross award may be discriminatory against non-Christians, it was issued under letters patent that predate the current Constitution. Under Section 6 of the Constitution, pre-existing laws are not subject to attack for violating the Constitution's Declaration of Rights and Freedoms. (See prior posting.) The Privy Council concluded that the Letters Patent issued by the Crown is not the type of enactment or law that is protected against scrutiny under Trinidad and Tobago's Constitution. However the Privy Council also held that its judgment does not retroactively invalidate past awards of the Trinity Cross. Lord Mance issued a concurring judgment offering an alternative rationale for finding the award unconstitutional.

The Privy Council agreed to decide the case even though in 2008 Trinidad and Tobago changed the name of the award to The Order of the Republic of Trinidad and Tobago, changed the name of Order of the Trinity to The Distinguished Society of Trinidad and Tobago, and replaced the Cross with a Medal. Friday's London Times reported on the Privy Council decision.

Indiana Atheist Group Sues Over Rejection of Bus Ad

The Indiana Atheist Bus Campaign (IABC) was organized to eliminate the stigma of atheism. Building on campaigns in Canada and the UK, its goal was to place ads promoting its views on city busses. However the Bloomington (IN) public transit system rejected IABC's ad, which read "You Can Be Good Without God." The company based its refusal on the transit system's policy that excludes controversial public service announcements or ads on controversial public issues. (Atheist Bus Campaign press release.) On May 5, the ACLU, on behalf of IABC, filed a federal lawsuit challenging the transit company's ad policy as unconstitutionally vague and overbroad. The complaint (full text) in Indiana Atheist Bus Campaign v. Bloomington Public Transportation Corp., (SD IN, filed 5/5/09) seeks a declaratory judgment and an injunction. An ACLU May 7 press release (Word.doc) as well as IndyChannel on Friday reported on the lawsuit. IABC announced today that, in contrast to Bloomington, the Transpo bus system in South Bend (IN) will run their ad.

Yemen Begins Study of Religious School Curriculum; Plans Mosque Database

Yemen's Ministry of Endowment and Guidance has begun a review of the curriculum at the over 4,500 religious schools in the country. It plans to revise the curriculum where it is not compatible with Islamic teachings and to close schools that promote terrorism. Yesterday's Yemen Post reports that the Ministry is attempting to encourage moderate interpretations of Islam by preachers in mosques and is planning a nationwide database of mosques and those who preach and work in them. In an attempt to improve living conditions of mosque preachers, the Ministry is paying some 6,000 of them a monthly bonus equivalent to $50(US).

British Sikhs On Police Force Want Bulletproof Turbans

BBC News reported last Friday that in Britain, the newly-formed British Sikh Police Association is pressing for more research to develop a bullet-proof turban. Currently Sikhs on the police force cannot serve as firearms officers because regulations would require them to wear a helmet which does not fit over a turban. Research is underway to find bulletproof material that could be used to make turbans.

Malaysia Looks To Expand Its Islamic Finance Industry

Bloomberg reports today that Malaysia is taking several steps to expand the international reach of its Islamic banking industry. It is attempting to attract a large international bank that would provide services that comply with shariah law. Also, last month Malaysia's central bank raised the percentage of foreign ownership permitted in local Islamic banks. In addition, the government is considering a new issuance of $1 billion in global Islamic bonds. Malaysia’s government successfully raised $600 million in 2002 through the sale overseas of sukuk (Shariah-compliant bonds).

Recent Articles and Books of Interest

From SSRN:

• Richard W. Garnett, Judicial Enforcement of the Establishment Clause, (Constitutional Commentary, Forthcoming).
• Abner Greene, Three Theories of Religious Equality...and of Exemptions, (Texas Law Review, Vol. 87, No. 963, 2009).
• Simon Butt, Polygamy and Mixed Marriage in Indonesia: Islam and the Marriage Law in the Courts, (in Indonesia: Law and Society, T. Lindsey, ed., Federation Press, 2008).
• Thomas Charles Berg, Religious-School Financing and Educational Pluralism in the American Tradition, (Rivista Antonianum, 2009).
• Gregory A. Kalscheur, Conscience and Citizenship: The Primacy of Conscience for Catholics in Public Life, (Journal of Catholic Social Thought, Vol. 6, No. 2, Summer 2009).
• Jessica Knouse, From Identity Politics to Ideology Politics, (Utah Law Review, Forthcoming).
• Michael Kent Curtis, Be Careful What You Wish For: Gays, Dueling High School T-Shirts, and the Perils of Suppression, (Wake Forest Law Review, Forthcoming).
• Nelson Tebbe, Excluding Religion: A Reply, (University of Pennsylvania Law Review, Vol. 157, 2009).

From Bepress:

• Rahma Hersi, A Value Oriented Legal Theory for Muslim Countries in the 21st Century: A Comparative Study of Both Islamic Law and Common Law Systems, (Cornell Law School Graduate Student Papers Series, Paper 29, April 2009).

From SmartCILP:

• Kyle Duncan, Misunderstanding Freedom from Religion: Two Cents on Madison's Three Pence, 9 Nevada Law Journal 32-62 (2008).
• Gene R. Nichol, Establishing Inequality, (Reviewing Martha C. Nussbaum, Liberty of Conscience: In Defense of America's Tradition of Religious Equality.) 107 Michigan Law Review 913-930 (2009).
• Bishop Thomas J.Paprocki, Address. Annual Meeting of the National Diocesan Attorneys Association, As the Pendulum Swings from Charitable Immunity to Bankruptcy, Bringing It to Rest with Charitable Viability, 48 Journal of Catholic Legal Studies 1-18 (2009).
• Joshua Foster, Prophets, Cartoons, and Legal Norms: Rethinking the United Nations Defamation of Religion Provisions, 48 Journal of Catholic Legal Studies 19-57 (2009).
• Harry G. Hutchison, Work, the Social Question, Progress and the Common Good? (Reviewing Recovering Self-Evident Truths: Catholic Perspectives on American Law, edited by Michael A. Scaperlanda and Teresa Stanton Collett), 48 Journal of Catholic Legal Studies 59-116 (2009).

Recent Books:

• Daniel O Conkle, Constitutional Law: The Religion Clauses, Second Edition, (Foundation Press, 2009), excerpts on SSRN.
• Steven P. Miller, Billy Graham and the Rise of the Republican South, (Univ. of Pennsylvania Press, March 2009), reviewed in the New York Times.

Paper Questions Governmental Structure of Ave Maria, Florida

Beginning this week end, the Naples (FL) Daily News is running a lengthy 3-part investigative series titled Ave Maria: A Town Without a Vote. According to the article, when legislation creating the new town surrounding Catholic Ave Maria University was enacted, it also contained unusual provisions giving ongoing control to the town's founder, former Domino Pizza owner Tom Monaghan, and and to local landowner Barron Collier Cos. The paper reports: "The law makes landowners, not registered voters, the ultimate authority in Ave Maria. The law ensures Monaghan and Barron Collier Cos., as the largest landowners, can control Ave Maria’s government forever." The web page linking to the series also contains links to numerous primary source documents relating to the governmental structure of the town, and to its legality. [Thanks to Liam Dillon for the lead.]

In Kuwait, Islamists Challenge Women Candidates For Parliament

According to AFP, 19 women are running in Kuwait's May 16 Parliamentary elections-- all hoping to become the first women in Parliament. However at least one Islamic group has issued a fatwa declaring that voting for women candidates violates Islamic law. One of the leading women contenders is Aseel al-Awadhi. According to the Arab Times last week, the Thawabit Al-Ummah bloc has filed a lawsuit against her charging her with sacrilege. It claims she challenges the Islamic religion and has raised doubts about women wearing the hijab. The group wants an apology from those women who have questioned the hijab.