Utah AG Files Proposed Settlement of UEP Trust Litigation

Yesterday Utah Attorney General Mark Shurtleff filed a Report of Proposed Settlement and Plan of Distribution in a Utah trial court. The proposal and accompanying Letter of Intent (Word.doc) are designed to end the litigation to reform the UEP Trust that holds property of the Fundamentalist Latter Day Saints Church. (See prior posting.) The Report says:

The Proposed Settlement reflects the general terms that the Utah AG finds to be acceptable and in the best interest of the Reformed Trust. At this point, no other party has officially agreed to the terms. However, it does reflect many points acceptable by Trust Participants who align themselves with the Fundamentalist Church of Jesus Christ of Latter-Day Saints, (the “FLDS”).

Today's Dallas Morning News summarizes the proposal:

The letter of intent proposes dividing undeveloped land south of the twin towns, with 60 acres going to the FLDS. Another portion of the land would be subdivided into 50 lots to be distributed to former church members who could prove a legitimate claim to trust assets. Existing residential properties would also be divided under a plan that would allow for both individual property deeds and the retention of larger, communal swaths of land.

The proposal calls for the establishment of a housing panel to decide property claims. Its members would include individuals proposed by both the FLDS and an existing court-appointed advisory board. The proposal also calls for the removal of Bruce Wisan, the court-appointed fiduciary who has managed the trust since 2005, and for the appointment of a new fiduciary to execute the settlement over a period of about one year.

The proposal also calls for the cemetery to go to the FLDS Church, to be administered by the Bishop. However 200 graves are to be set aside for non-FLDS members.

Court Says Defamation Suit Against Fellow Church Members Can Proceed

In West v. Wadlington, (IN Ct. App., June 10, 2009), the Indiana Court of Appeals reversed a trial court's dismissal of defamation and invasion of privacy claims brought by Rosayln West, a member of the Mt. Olive Missionary Baptist Church in Indianapolis, against two other church members. The suit involves a long e-mail about West that one of the defendants-- Betty Wadlington-- wrote and the other--Jeanette Larkin-- circulated to 89 other members of the Church's "Women of Faith" group. Larkin used her work e-mail-- the Indianapolis police department (also named as a defendant)-- to forward the allegedly defamatory material. The court rejected defendants' claim that adjudicating the matter would require the court to determine matters of religious doctrine. It concluded: "We agree with West that several statements in the letter could be viewed as defamatory without requiring a court to determine any religious questions." One of the statement's in the letter was that West had an "evil spirit." The court concluded that this posed the closest case, but that evil has a secular as well as a religious meaning. Yesterday's Courthouse News Service reports on the decision.

Communist Party USA Creates New Religion Commission

According to a report yesterday by the People's Weekly World Newspaper, the Communist Party USA has created a new Religion Commission to reach out to individuals and organizations and to "welcome people of faith into the party." The Commission is headed by Tim Yeager, a Chicago trade unionist and a member of the Episcopal Church. Yeager said that many incorrectly assume that all Communists are atheists, or that the Party requires members to be atheists. He says that this is not true and religious people are welcome to join. The Commission's goal in part is to share the Party's views on the religious aspects of current struggles and to discuss "the relationships, contradictions and commonalities among science, Marxism and religion."

DC Elections Board Rejects Referendum On Recognition of Same-Sex Marriages From Elsewhere

Last month, the D.C. City Council, over the opposition of local ministers and others, passed an ordinance recognizing same-sex marriages performed elsewhere. (See prior posting.) Bishop Harry Jackson of Hope Christian Church in Beltsville (MD) led a group of largely African-American clergy seeking to place a referendum on the new law before D.C. voters. The Washington Post reported yesterday that the D.C. Board of Elections & Ethics has ruled the referendum illegal because under D.C. law no referendum can be used to authorized discrimination that is prohibited by the D.C. Human Rights Act.

The Board, in In re Referendum Concerning the Jury and Marriage Amendment Act of 2009, (DC Bd. Elec., June 15, 2009), ruled that: "The Council has, through the Act, expressed its determination to clearly state that discrimination against same-sex couples who are validly married elsewhere is prohibited. Simply stated, the Act means that the HRA now requires the District government and all public accommodations, inter alia, to refrain from discriminating against same-sex couples who are validly married elsewhere." The Board has also posted online the full text of legal comments it received on the proposed referendum.

UPDATE: On Wednesday, on behalf of several D.C. voters, the Alliance Defense Fund filed an appeal of the decision by the Board of Elections & Ethics. (Press release.) The complaint (full text) in Jackson v. D.C. Board of Elections & Ethics, (DC Super. Ct., filed 6/18/2009), claims that the "refusal to afford same-sex couples the status of 'marriage' does not run afoul of the DC-HRA."

Rebels Say Philippine Army Is Using Mosques As Military Camps

In the Philippines, the army last August resumed its 40 year battle against the Moro Islamic Islamic Liberation Front (MILF) in oil and gas-rich areas in the southern Philippines. The fighting resumed after the Philippine Supreme Court declared a Memorandum of Agreement between the parties illegal. (Background.) Yesterday World Bulletin reported that the MILF called on the army to stop using mosques as military camps as it is doing in the town of Datu Piang in Maguindanao. The MILF's statement said that converting mosques into military camps offends the sensibilities of Muslims and is a "grave violation of international humanitarian law."

Defaults On Sharia-Compliant Bonds Create New Legal Issues

Today's Wall Street Journal reports that new legal problems face U.S. bankruptcy judges as for the first time two issues of Sharia-compliant bonds have defaulted. A case in bankruptcy court in Louisiana,--proceedings against energy firm East Cameron Partners LP-- has become the test case. The problem is how to apply Western legal principles to instruments issued under Islamic law. Sukuk bonds avoid the Islamic ban on interest by being structured as a sale-repurchase arrangement. In the East Cameron Partners bankruptcy, bankruptcy judge Robert Summerhays ruled that purchasers of the Sukuk certificates issued by a special purpose entity relied on the fact that they were becoming owners of royalty interests transferred to the entity. East Cameron had argued that Sukuk holders were merely lending money secured by the royalties-- and thus other creditors also had an interest in the royalties.

Entertainment Reporter Will Sue, Saying He Was Fired To Satisfy Scientologists

Today's London Independent reports that in Los Angeles, entertainment journalist Roger Friedman says he plans to sue Fox News that fired him in April. Friedman, who has been a longstanding critic of the Church of Scientology, claims that Fox fired him in order to get actors Tom Cruise and John Travolta-- both adherents of Scientology-- to sign onto future movie projects. Cruise and Travolta say that Friedman was dismissed for writing a blog column encouraging the download of an illegally pirated version of the 20th Century movie "X-Men Origins: Wolverine." Friedman says that was a pretext.

City Prosecutor Sues Youngstown for Employment Discrimination

In Youngstown, Ohio, a Muslim prosecutor in the Youngstown Law Department has filed a federal lawsuit alleging religious discrimination and failure to accommodate his need to attend Friday mosque services. In Ally v. City of Youngstown, (ND OH, filed 5/18/09), (full text of complaint), plaintiff Bassil Ally claims that for two years he was permitted to attend mosque services by being assigned to a courtroom that never met on Friday afternoons. In 2007, fellow prosecutors began to complain that Ally was receiving preferential treatment. He was also subjected to derogatory comments from fellow workers regarding his religion and national origin. Ally was placed on administrative leave after he went to mosque rather than attend a meeting of prosecutors scheduled by the City Prosecutor at a conflicting time. He was reinstated after he filed a complaint with the Ohio Civil Rights Commission, but then, he alleges, he was harassed and humiliated, and was ultimately reassigned to a courtroom that met regularly on Friday afternoons. The complaint alleges discrimination, retaliation,harassment and hostile work environment in violation of state and federal law. Defendant's answer (full text) denies all the allegations and asserts a broad range of affirmative defenses. The Youngstown Vindicator reported on the case yesterday.

China Cancels Licenses of 21 Human Rights Lawyers

ChinaAid today says that the government of China has cancelled or refused to renew the licenses of at least 21 human rights attorneys. Many of the attorneys involved have worked on religious freedom cases in China. Human rights attorneys in China have taken the unusual step of requesting international pressure against the government.

Chemotherapy Helping Boy Whose Religious Objections Were Rejected By Court

According to the Mankato (MN) Free Press the court-ordered chemotherapy being administered to 13-year old Daniel Hauser has shrunk his tumor, indicating that it has not become resistant to chemotherapy. However it is still too early to determine his longer term prognosis. In a high profile case, a Minnesota court rejected the religious objections of Daniel and his mother to chemotherapy treatment for the boy's Hodgkin's lymphoma. (See prior posting.) The paper reports that Daniel is still "very angry" about receiving chemotherapy, and attributes lessening of certain side effects to the use of natural therapies arranged by his mother. A family spokesman said those natural therapies were also responsible for the chemotherapy working.

Egyptian Court Refuses To Recognize Conversion of Muslim To Christianity

In Egypt on Saturday, Cairo's Administrative Court refused to order that Maher al-Moatassem Bellah al-Gohary be issued a new identification card recognizing his conversion to Christianity and his Christian name, Peter Ethnasios. AINA reports that al-Gohary converted to Christianity 34 years ago, but did not petition the court for governmental recognition until last year after Egypt's Coptic Church issued him a baptism certificate confirming his original conversion in Cyprus. While in the past Egyptian courts have recognized reconversion of Coptic Christians who converted to Islam and then converted back, it has never recognized the conversion to Christianity of someone who was born a Muslim.

Recent Articles of Interest

From SSRN:

• Patrick McKinley Brennan, The Place of 'Higher Law' in the Quotidian Practice of Law: Herein of Practical Reason, Natural Law, Natural Rights, and Sex Toys, (Georgetown Journal of Law & Public Policy, Forthcoming).
• Bailey H. Kuklin, The Natures of Universal Moralities, (Brooklyn Law Review, Forthcoming).
• Preston C. Green & Joseph Oluwole, Hein v. Freedom from Religion Foundation and Taxpayer Standing, (Wayne Law Review, Vol. 54, No. 3, 2008).

From SmartCILP:

• Scott Atran & Robert Axelrod, Reframing Sacred Values, 24 Negotiation Journal 221-246 (2008).
• John R. Dorocak, The Income Tax Exclusion of the Housing Allowance for Ministers of the Gospel per I.R.C. Section 107: First Amendment Establishment of Religion or Free Exercise Thereof--Where Should the Warren Court Have Gone?, 54 South Dakota Law Review 233-252 (2009).
• Stephen P. Halbrook, "Arms in the Hands of the Jews are a Danger to Public Safety": Nazism, Firearm Registration, and the Night of the Broken Glass, 21 St. Thomas Law Review 109-141 (2009).
• Andrew S. Mansfield, Religious Arguments and the United States Supreme Court: A Review of Amicus Curiae Briefs Filed by Religious Organizations, 7 Cardozo Public Law Policy & Ethics Journal 343-394 (2009).
• Eugene R. Milhizer, So Help Me Allah: An Historical and Prudential Analysis of Oaths as Applied to the Current Controversy of the Bible and Quran in Oath Practices in America, 70 Ohio State Law Journal 1-71 (2009).
• A David Pardo, Judicial Discretion in Talmudic Times and the Modern Era, 7 Cardozo Public Law, Policy & Ethics Journal 429-454 (2009).
• Steven D. Smith, Discourse in the Dusk: The Twilight of Religious Freedom?, (Reviewing Kent Greenawalt, Religion and the Constitution--Volume 2: Establishment and Fairness.) 122 Harvard Law Review. 1869-1907 (2009).

Texas Board of Education Appoints Social Science Review Panel-- Half Christian Conservatives

According to Dan Quinn of the Texas Freedom Network, writing last week at Talk to Action, the Texas State Board of Education has now made public the entire panel of experts it has appointed to review the state's social studies curriculum. It is evenly divided between mainstream academics and Christian religious conservatives. The academics are Prof. James Kracht of Texas A&M, Prof. Jesus Francisco de la Teja of Texas State University- San Marcos and Prof. Lybeth Hodges of Texas Woman's University. The three religious conservatives, all of whom apparently reject notions of separation of church and state, are Rev. David Barton of WallBuilders, Rev. Peter Marshall who runs Peter Marshall Ministries, and Prof. Daniel Dreisbach of American University in Washington, D.C. The panel is charged with reporting back to the Board by June 29. The panel will also review the work of teams of teachers and others working on revision,s, in anticipation of Board action next year. [Thanks to Scott Mange for the lead.]

Faith-Based Critic Joins White House Task Force Looking At Reform

Interfaith Alliance president Welton Gaddy--a critic of the White House's faith-based office-- has been invited to become a member of the White House Task Force that is studying ways to reform the Office on Faith-Based and Neighborhood Partnerships. Dan Gilgoff (US News) interviewed Gaddy, who said in part:

I have thought all along it would be best not to have such an office, and I still have that opinion. But if there's going to be an office, I want to do everything I can to see that it is constitutional in nature and that it operates both legally and in the spirit of protecting the First Amendment's historic separation between religious institutions and government institutions.... [R]eligious organizations that receive federal funds should, at minimum, establish separate 501c3 [nonprofit] organizations as a firewall of protection both for religion on the one hand and government on the other.

[Thanks to Don Byrd for the lead.]

Permanent Injunction Issued To Protect Christian Gay Pride Protesters

Last year a Missouri federal district court issued a preliminary injunction preventing enforcement of a St. Louis city ordinance that prohibits distribution of literature in public parks. The lawsuit was brought by a Christian ministry and individuals connected with who who were prevented from handing out religious literature and expressing religious beliefs during the 2006 gay pride festival. (See prior posting.) Now, in time for this year's Gay Pride festival to be held June 27-28, the parties have agreed to convert the preliminary injunction into a permanent injunction. In Apple of His Eye Inc. v. City of St. Louis, Missouri, (ED MO, June 11, 2009), the court enjoined any total ban on distribution of literature in public parks and ordered city officials to meet with PrideFest organizers to tell them that a total ban will not be enforced. It also enjoined enforcement of provisions that made distributors responsible for proper disposal of handbills. However the city may enforce its content-neutral ordinances that bar placing handbills on vehicles and impeding pedestrian or vehicular traffic, and may enforce its nighttime park curfew. Alliance Defense Fund issued a release announcing the decision.

Diocese Seeks Reconsideration of Court Order To Release Documents

According to the New York Times, on Friday the Roman Catholic Diocese of Bridgeport asked the Connecticut Supreme Court to reconsider its 4-1 decision from last month ordering the release some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) The Diocese asks for all 7 justices to reconsider the order, arguing that the ordered release violates its First Amendment free exercise rights as well as the privacy rights of many named in the documents. The Diocese also argues that the trial judge who originally ruled in the case should have recused himself because of his work on a panel studying the release of public records. Also on the panel was a Hartford Courant reporter. The Courant was one of four newspapers that brought the suit seeking release of the clergy-abuse records.

3 Cases From South Asia Involve Killing of Christians

From South Asia comes three stories of murder of Christians impelled by religious fanaticism. In Kathmandu, Nepal, police have arrested 27-year old Sita Shrestha. Bos News today reports that the woman confessed to planting a bomb in the Church of the Assumption, a Roman Catholic Church near Kathmandu, on May 23. The blast killed three people and wounded over a dozen others. Shrestha was inspired by the extremist Nepal Defence Army that aims to expel non-Hindus from Nepal and make Hinudism the country's official religion.

Worthy News yesterday reported on an incident in Pakistan's Punjab province. A Christian bus passenger, Ishtiaq Masih, was beaten to death by the owner and employees of a roadside tea stand in the village of Machharkay where the bus had stopped for a rest room break. A sign at the Makah Tea Stall proclaimed, under threat of "dire consequences," that: "All non-Muslims should introduce their faith prior to ordering tea. This tea stall serves Muslims only." Apparently Masih did not notice the sign when he ordered his tea. However the owner, 42 year old fundamentalist Muslim Mubarak Ali, saw that Masih was wearing a necklace with a cross.

Again from rural Punjaab Province In Pakistan, Digital Journal today reports on the kidnappping, torture and murder of 28-year old Tariq "Litto" Mashi Ghauri, a Christian University student, who was found in a compromising position with his Muslim girlfriend, Shazi Cheema. Cheema's three brothers told Ghauri to convert to Islam and marry their sister. Ghauri agreed to the marriage, but refused to convert.

Time Profiles Public Opinion About Mormons

The June 22 issue of Time Magazine carries an article titled The Storm Over the Mormons. Here is an excerpt:

The passage of [California's] Prop 8 was the church's latest display of its power: individual Mormons contributed half of the proposition's $40 million war chest despite constituting only 2% of California's population. LDS spokesman Michael Otterson says, "This is a moment of emergence."

But that emergence has its costs. Even as Mormons have become more prominent, they have struggled to overcome lingering prejudices and misrepresentations about the sources of their beliefs. Polls suggest that up to half of Americans would be uncomfortable with a Mormon President.... The LDS ... sees itself as primarily apolitical; on issues on which it has taken a stand, the church's positions have been roughly consistent with other conservative faiths. But Mormon activism, when it occurs, does differ from the American norm in significant ways, because of both the dominating role played by LDS President and Prophet Thomas Monson and the church's remarkable electoral cohesion.

Hindu Leader Opposes Planned USCIRF Trip To India

The U.S. Commission on International Religious Freedom is planning to visit India this month, with a particular focus on past violence against Christians in the state of Orissa and Hindu-Muslim violence in Gujarat in 2002. Christians have welcomed the upcoming visit. (Asia News, 5/4.) However a report today by the Sakaal Times says that Hindu religious leader Shankaracharya Jayendra Saraswati has told reporters he opposes the USCIRF visit:

We will not allow interference in our internal religious affairs by external bodies. We see US Commission on Internal Religious Freedom (USCIRF) as an intrusive mechanism of a foreign government which is interfering with the internal affairs of India.

Recent Prisoner Free Exercise Cases

In Soder v. Williamson, (3d Cir., June 5, 2009), the U.S. 3rd Circuit Court of Appeals affirmed the dismissal of a prisoner's lawsuit that alleged, among other things, that his free exercise rights were violated when he had to wait 24 days for a chest x-ray after refusing for religious reasons to have a TB test by injection.

In Hudson v. Radtke, 2009 U.S. Dist. LEXIS 47453 (WD WI, June 5, 2009), a Wisconsin federal district court held that plaintiff failed to show that prison authorities substantially burdened his free exercise of religion by failing to return two books, The Noble Quran and Two Faces of Islam, to him.

In McCord v. Hompe, 2009 U.S. Dist. LEXIS 47450 (WD WI, June 5, 2009), a Wisconsin federal district court dismissed plaintiff's complaint that the segregation library at the Stanley Correctional Institution has no books on the Wiccan religion . It held that plaintiff presented no current case or controversy because he had been moved to a different prison facility.

In a lengthy opinion in Burke v. North Dakota Department of Corrections & Rehabilitation, 2009 U.S. Dist. LEXIS 47957 (D ND, June 5, 2009), a North Dakota federal district court rejected free exercise and religious discrimination claims by a shaivite Hindu who was in prison after murder and arson convictions. Prisoner Dale Burke claimed that prison authorities reduced the time for Hindu worship services from two to one hour per week, eliminating services on Thursdays; denied him certain items that are essential parts of Hindu worship; and failed to find an outside volunteer to help Burke study his religion.

In McReaken v. Schriro, 2009 U.S. Dist. LEXIS 48292 (D AZ, May 26, 2009), an Arizona federal district court permitted plaintiff to move ahead with his claim that his Multi-Faith group's religious ceremonies were frequently interrupted by security staff and that they had to be held in an open recreation yard. Plaintiff alleged that prison policies gave more favorable treatment to Native American ceremonies than to other non-Christian groups.

Spain Considering Creating Religiously Neutral Public Spaces

CNA reported last week that Spain's ruling Socialist government is considering eliminating religious symbols in military barracks, hospitals, jails and public schools, as well as during State funerals or inauguration ceremonies for public officials. Minister of Justice Francisco Caamano suggested the move as part of an attempt to create "religiously neutral public spaces."

Rev. Wright Apologizes For Remarks About Jews

The Washington Post reports that Rev. Jeremiah Wright says he misspoke Wednesday (see prior posting) when he referred to "them Jews" who, he charged, blocked his access to President Barack Obama. He says he meant to refer to Zionists. He apologized, saying he meant no ill-will to the Obama administration or the American Jewish community. He says he is disturbed that his comments have resurfaced the debate about his relationship with the President.

Belarus Continues To Act Against Unregistered Churches

Forum 18 yesterday reported on the ongoing battles between the government and unregistered churches in Belarus. The Council of Churches Baptist refuses to accept registration requirements. Baptist Nikolai Poleshchuk was fined the equivalent of $745 (US) for running a Christian street library-- apparently the largest fine yet imposed for this type of violation. Another defendant received a warning from the court. Meanwhile the Belarus Supreme Court amended an earlier lower court order requiring Christian literature seized from Poleshchuk's street library destroyed. Instead it ordered that the literature be handed over to the state.

Obama's Former Pastor Says Jews, AIPAC Have Too Much Influence Over President

The Newport News (VA) Daily Press yesterday reported on a short, but controversial, interview by one of its reporters with Barack Obama's former pastor, Rev. Jeremiah Wright. Obama publicly broke with Wright and his Trinity United Church Of Christ in May 2008 after he earlier criticized remarks made by Wright. Asked yesterday if he had spoken with Obama since the election, Wright said: " Them Jews ain't going to let him talk to me. I told my baby daughter that he'll talk to me in five years when he's a lame duck, or in eight years when he's out of office. ..." Wright also blamed Jews and AIPAC for Obama's decision not to send a delegate to the Durban Review Conference, and called Israel's actions in Gaza "ethnic cleansing."

Indiana Church Wins Tax Exemption Appeal

St. George Serbian Orthodox Church in Schererville, Indiana has prevailed in the Indiana Tax Court in its attempt to obtain a religious purposes tax exemption for a Cultural Center it built in 2001. In Lake County Property Tax Assessment Board of Appeals v. St. George Serbian Orthodox Church, (IN Tax Ct., May 7, 2009), the court rejected the county's contention that the facility is merely a banquet hall. Evidence showed the Cultural Center was used for religious purposes 63% of the time. In a companion decision, St. George Serbian Orthodox Church v. Lake County Property Tax Assessment Board of Appeals, (IN Tax Ct., May 7, 2009), the Indiana Tax Court held that a non-code statutory provision, apparently enacted solely to apply to St. George's case, cured any questions of the timeliness of St. George's application for an exemption. Today's Gary (IN) Post Tribune reports that taxes, penalties and fees totalling $470,599 were at issue in the case for the 3-year period covered by the decisions.

Texas Court Finds No Jurisdicion In Defamation Suit Against Church and Its Pastor

In In re Rick Godwin, (TX Ct. App., June 10, 2009), a Texas state appellate court applied the ecclesiastical abstention doctrine to find that civil courts lack jurisdiction over actions for defamation, intentional infliction of emotional distress and fraud brought by a former member of Eagle's Nest Christian Fellowship Church against the church and its pastor Rick Godwin. Plaintiff Larry Nail had been a member and generous donor to the church. He began to criticize the church's financial expenditures. He resigned over the matter and began urging others to do the same. In response, Godwin read from the pulpit a statement drafted by him and the church's Board of Elders defending the church and accusing Nail of bribing members to leave the church. The court concluded that reading of the statement involved maters of internal church discipline and governance, and that Nail's challenge to the manner that church funds were spent would involve the court in an impermissible inquiry into religious doctrines and practices.

Today's San Antonio Express-News reports on the decision. The paper had previously detailed the alleged improper expenditures by the church, which included charter jet travel, expensive gifts and luxury hotel stays for Godwin, his wife and associates, some of whom set his compensation. Subsequently Godwin says he paid back personal expenses and changed church financial policies with the advice of a law firm. (See prior related posting.)

California Court Says Episcopal Church Owns Break-Away Parish's Property

In Huber v. Jackson, (CA Ct. App., June 9, 2009), a California appellate court held that the Episcopal Church and its Diocese of Los Angeles are the owners of the property of St. Luke's parish. The congregants of St. Luke's voted in 2006 to break away from the Episcopal Church and affiliate with the more conservative Anglican Church of Uganda. Applying "neutral principles" of law (as required by a recent California Supreme Court decision), the court found that St. Luke's had agreed to be bound by the governing documents of the Episcopal church, and this includes Canon I.7.4 which provides that all parish property is held in trust for the national church and its diocese:

as a matter of law that when defendants voted for disaffiliation, they denounced their prior promises to be subject to the governing documents of the national church and the diocese, abandoned their membership in the corporation, and lost the power and authority to be directors of the corporation, as they were no longer members in good standing of the Episcopal Church. Thus, their purported amendment of the articles of incorporation and bylaws to make the corporation part of the Anglican Church were a legal nullity, or ultra vires.

The court also rejected the argument that a 1981 decision collaterally estopped the Episcopal Church from asserting title to parish property.

House Subcommittee Holds Hearings On China's Persecution of Uighurs

Yesterday, the House Foreign Affairs Committee, Subcommittee held a hearing on on International Organizations, Human Rights and Oversight held hearings on "The Uighurs: A History of Persecution." Uighus are Muslims who live in China's East Turkestan, and have been the subject of cultural and religious oppression by the Chinese Communists. The full text of opening statements by Rep. Bill Delahunt's (D-MA) and Rep. Dana Rohrabacher's (R-CA) are available online, as are the prepared statements by Ms. Felice D. Gaer, Chair of the U.S. Commission on International Religious Freedom; Ms. Kara Miriam Abramson, Advocacy Director, Congressional-Executive Commission on China; Mrs. Rebiya Kadeer, World Uyghur Congress; and Mr. Nury Turkel, Uighur Rights Activist and Attorney. The hearings came just as the nation of Palau announced that it would allow the 17 Chinese Muslim Uighurs now being held at Guantanamo Bay to "temporarily resettle" in Palau. (New York Times.)

Idaho Group Circulating Petition To Get Vote On Bible Course In Schools

In Idaho, a group calling itself Our Godly American Heritage is circulating an initiative petition seeking to get a proposed state constitutional amendment on the ballot. Tuesday's Idaho Statesman reports that the "Initiative Allowing School Boards to Permit the Bible to be Studied as Literature and for its Influence on History" would provide that school boards could offer elective non-doctrinal classes that focus on the Bible. Backers need 51,000 signatures to get the proposal on the ballot.

Ohio Science Teacher Sues School Board For Religious Discrimination

Mt. Vernon, Ohio science teacher, John Freshwater, has filed a federal civil rights lawsuit against the city school district's board of education and various school officials, alleging that attempts to fire him were prompted by the fact that he kept his personal Bible on his desk. The 16-count complaint (full text) in Freshwater v. Mount Vernon City School District Board of Education, (SD OH, filed 6/10/2009) was filed just as the June 18-19 administrative hearing on Freshwater's termination approaches. Yesterday's Mount Vernon News reports on the lawsuit filed by the middle school teacher, indicating that he is seeking $500,000 compensatory damages and $500,000 punitive damages.

The Board last year voted to dismiss Freshwater after a report by a consulting firm concluded that he taught creationism or intelligent design in class, told his class that anyone who is gay is a sinner, improperly used an electrostatic device to put a cross on the arm of a student, was excessively involved in the school's Fellowship of Christian Athletes and was insubordinate in failing to remove religious materials when ordered to do so by his principal. (See prior posting.) Freshwater's lawsuit alleges that the Board's action amounted to religious discrimination and a denial of procedural due process. The complaint also alleges a number of other causes of action, including defamation and breach of contract.

Singapore Court Sentences Christian Couple To 8 Weeks In Jail For Distributing Gospel Tracts

Both the Taiwan News and the Straits Times today report on the 8-week jail sentence imposed by a court in Singapore on a Christian couple convicted last month in the country's first full trial under the Sedition Act. Ong Kian Cheng and his wife Dorothy Chan Hien Leng were charged with giving copies of Christian publications titled "The Little Bride" and "Who is Allah?" to Muslims who were offended by them. The couple have been distributing Gospel tracts for 20 years. Police found 439 copies of 11 tracts deemed seditious at the couple's condominium. The sentencing judge said that the tracts "have the capacity to undermine and erode the delicate fabric of racial and religious harmony in Singapore."

Shoe Bomber On Prison Hunger Strike Over Religious Restrictions

World Bulletin reports that convicted shoe-bomber Richard Reid, in prison in a Supermax facility in Colorado, is on a hunger strike in protest over alleged refusals to permit him to practice his Islamic faith. Reid, convicted in 2003, has filed a federal lawsuit over prison restrictions and has been refusing food for several weeks. A recently-disclosed court filing indicates that authorities are force-feeding and hydrating Reid.

UPDATE: Reuters (June 10) reports that the Justice Department will not renew the "Special Administrative Measures" imposed on Reid when they expire June 17. Apparently this will then allow him to join group prayer with other Muslim inmates and have access to an imam.

Some German States Resist Jehovah's Witnesses Push For Recognition

Spiegel Online today reports on efforts by the Jehovah's Witnesses in Germany to obtain legal recognition in various German states as a "public law corporation." According to Country Reports. org, this status entitles a religious group "to name prison, hospital and military chaplains, and to levy a tithe (averaging 9 percent of income tax) on its members that the state collects. An estimated 180 religious groups have been granted public law corporation status." Spiegel details efforts in the states of Rhineland-Palatinate, North Rhine-Westphalia and Baden-Württemberg to resist granting this status, which several other states have already granted the group.

Secretary of State Meets With USCIRF Members

On Monday, Secretary of State Hillary Clinton met with the members of the U.S. Commission on International Religious Freedom to receive their 2009 Annual Report (see prior posting) and discuss with them issues of religious freedom and religious expression. Both the State Department's website and that of USCIRF carry the text of Clinton's introductory remarks during which she referred to religious freedom as a core human right and a core American value.

Graduating Class Protests Consent Decree With Lord's Prayer

In early May, a Florida federal district court approved a consent decree in Doe v. School Board for Santa Rosa County, Florida which among other things enjoined school officials from authorizing or including prayers as part of school events, including graduation ceremonies. (See prior posting.) As a result, according to yesterday's Florida Baptist Witness, two previously scheduled student speakers for Pace High School's commencement ceremonies last week were removed from the program, apparently because they intended to offer religious remarks. Monday's Louisville Christian Examiner reports that at the commencement ceremonies, the entire Pace High graduating class protested. Many students wore crosses on their mortar boards, and when the Principal asked everyone at the ceremony to be seated, the graduating class remained standing and recited the Lord’s Prayer. Pace school principal Frank Lay said he is proud of the maturity and kindness seniors displayed in their response.

Muslim Military Chaplains Discuss Their Special Roles

Reuters Faith World yesterday carried an interesting account of a conference held Sunday in Paris at which two Muslim chaplains, one from the U.S. Navy and one from the French National Gendarmerie (which is governed by the Defense Ministry), discussed the special problems dealt with by Muslim imams in military chaplaincy roles. The conference, "Religious Diversity in Everyday Life in France," was sponsored by the U.S.-based Council on International Educational Exchange and the Institute for the Study of Islam and the Societies of the Muslim World in Paris. Among the trickier issues the chaplains face are advice on Ramadan observance while in the military and conscientious objections by Muslim personnel to fighting in Afghanistan. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Unpaid Buddhist Monk Says He Is Not "Employed" For Visa Purposes

The Wall Street Journal today reports on an immigration appeal out of Pamona, California raising the question of whether an unpaid Buddhist monk was "employed" by the Wat Buddhapanya Temple in violation of immigration rules. The monk, a citizen of Thailand, entered the U.S. in 2005 on an R-1 Religious Workers visa. (See prior related posting.) Because of delays in the government ruling on the Temple's application for extension of the R-1 visa and on an application for a green card, Monk Phra Bunphithak Jomthong's visa expired, and the government is seeking to deport him for working without a green card. Jomthong leads daily religious group chants, runs a 24-hour emergency hot line for families and teaches Thai language to the children of immigrants. His attorney argues that while the monk works at his religious labors, he is not "employed" by the Temple because he took an oath of poverty and receives no wages.

AU Complains To IRS About Church's Endorsement of Gubernatorial Candidate

Americans United announced yesterday that it has asked the Internal Revenue Service to investigate whether Richmond, Virginia's Fifth Street Baptist Church violated tax rules relating to non-profits by endorsing a gubernatorial candidate. AU wrote the IRS (full text of letter) calling its attention to a Washington Post article indicating that the church's pastor allowed candidate Brian Moran to speak during church services on June 7, just before the primary election. Some 50 parishioners were in attendance. Rev. F. Todd Gray told the congregation that Moran had the right policy on guns, affirmative action, taxes and jobs. He then added: "I'm not telling you who to vote for. I'm just telling you who I'm voting for. I'm voting for Brian Moran." The candidate was apparently invited to the church by one of its members, Evelyn Morris-Harris, chairwoman of the Democratic Black Caucus of Virginia.

10th Circuit Holds 10 Commandments Monument Violates Establishment Clause

In Green v. Haskell County Board of Commissioners, (10th Cir., June 8, 2009), the U.S. 10th Circuit Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. It concluded that the particular history of this monument-- including the religious motivation of its backers-- meant that a reasonable observer would view the Monument as having the impermissible primary effect of endorsing religion. AP yesterday reported on the decision.

UCLA Changes Policy To Allow Student Reference To Jesus In Graduation Statement

Once again, the unclear line between student speech and government-endorsed speech at graduation exercises has created a high-profile controversy. Tradition at the UCLA Department of Molecular, Cell and Developmental Biology calls for each student to submit a short message ("words of wisdom") that are then read from stage at commencement by a member of the University Administration. Saturday's Christian Post reported that graduating student Christina Popa was told by her faculty advisor that a reference in Popa's statement to "my Lord and Savior Jesus Christ" would be read as "God" during commencement ceremonies, to avoid making some of the diverse audience uncomfortable. Popa objected and began a campaign on Facebook to get the decision reversed. Also former Navy Chaplain Gordon Klingenschmitt, who had been involved in his own dispute of offering sectarian prayers at public ceremonies, issued a press release and created an online petition supporting Popa. On Friday, UCLA reversed its decision, instead deciding that it would take steps to make clear to the commencement audience that the "words of wisdom" are the personal statements of each student.

DOJ Sues New Jersey County Over Religious Employment Discrimination

The U.S. Department of Justice announced yesterday that it has filed a Title VII religious discrimination lawsuit against Essex County, New Jersey. The complaint alleges that the county refused to permit corrections officer Yvette Beshier to wear a religiously mandated headscarf during work. The complaint asks a New Jersey federal district court to order the county to pay damages and to adopt a policy to reasonably accommodate the religious practices of employees and prospective employees subject to the Correction Department's uniform policy for officers.

Cert. Denied In Navajo Nation RFRA Case

The U.S. Supreme Court today denied certiorari in Navajo Nation v. Forest Service, (Docket No. 08-846). (Order List.) The 9th Circuit in the case held in an 8-3 en banc decision, that the Religious Freedom Restoration Act does not bar the Forest Service from approving the use of recycled waste water to make artificial snow at Arizona's Snowbowl ski resort, which operates on federal land. (See prior posting.)

Jewish Group Solicits Questions To Supreme Court Nominee

Reform Judaism's Religious Action Center has put up a web page titles "Ask Judge Sotomayor." It invites site visitors to submit questions they would like to see the Senate Judiciary Committee ask Sotomayor during her confirmation hearings. RAC says it will share questions submitted with Senators.

Report Says Israel Tax Official Seizes Catholic Church Funds For Taxes

Asia News this morning reports that in Israel, The Finance Ministry's Chief Tax Collector, Yehezkel Abrahamoff, has notified institutions of the Catholic Church in the country that he has seized their funds to force them to pay taxes he believes are due. This action short-circuits negotiations that have been going on for ten-years by the Israel-Holy See Permanent Bilateral Commission to work out the Catholic Church's tax status. (See prior posting.)

Recent Articles Of Interest

From SSRN:

• Jeff Redding, Proposition 8 and the Future of American Same-Sex Marriage Activism, (Nexus, Vol. 14, p. 113, 2009).
• Anne Twomey, The Australian Crowns - Changing the Rules of Succession, (Quadrant, Vol. 53, No. 6, pp. 44-47, 2009).
• Barry McDonald, Getting Beyond Religion as Science: 'Unstifling' Worldview Formation in American Public Education, (Washington and Lee Law Review, Vol. 66, 2009).
• Amy Lavine & Patricia Salkin, God and the Land: A Holy War Between Religious Exercise and Community Planning and Development, (Albany Government Law Review, Vol. 2, 2009).

From SmartCILP:

• Donald Kerwin, Toward a Catholic Vision of Nationality, 23 Notre Dame Journal of Law, Ethics and Public Policy 197-207 (2009).
• Craig W. Mandell, Tough Pill to Swallow: Whether Catholic Institutions Are Obligated Under Title VII to Cover Their Employees' Prescription Contraceptives, 8 University of Maryland Law Journal of Race, Religion, Gender & Class 199-239 (2008).
• Lucian C. Martinez, Jr., Sovereign Impunity: Does the Foreign Sovereign Immunities Act Bar Lawsuits Against the Holy See in Clerical Sexual Abuse Cases?, 44 Texas International Law Journal 123-155 (2008).
• Nicholas A. Mirkay, Losing Our Religion: Reevaluating the Section 501(c)(3) Exemption of Religious Organizations That Discriminate, 17 William & Mary Bill of Rights Journal 715-764 (2009).
• Mark Strasser, Repudiating Everson: On Buses, Books, and Teaching Articles of Faith, 78 Mississippi Law Journal 567-636 (2009).

Israel's High Court Hears Challenges To Army Alternatives For Religious Students

Jerusalem Post reports that yesterday a 9-judge panel of Israel's High Court of Justice heard arguments challenging the "Tal" law. The law allows Orthodox Jewish students in yeshivot an alternative to the usual required military service. They serve only one year of military service or alternative public service and then enter the work force without being drafted. The law was intended to give an opportunity for some full-time ultra-Orthodox yeshiva students who have draft exemptions to leave their full time religious studies. The five petitions before the court essentially challenge as a denial of equality in the special draft exemptions for ultra-Orthodox students. In 2006 the High Court rejected similar challenges, expressing concern but saying that there should be a resolution through the political process. However it threatened to act in the future if this did not happen. (See prior posting.) Instead of any changes, in 2007, the Tal law, that had originally been enacted for only a 5-year period, was reauthorized by the Knesset for another 5 years. [Thanks to Religion & State in Israel (Joel Katz) for the lead.]

New Repressive Religion Law Takes Effect In Azerbaijan

Forum 18 reported last week that in Azerbaijan, a repressive new religion law, along with related amendments to the Criminal Code and Administrative Code came into effect on May 31. All religious organizations are required to re-register by January 1, 2010. The amendments create a new offense of producing, importing or selling religious literature without specific permission of the Committee for Work with Religious Organizations. Also it will be illegal to conduct religious activities away from a group's registered address. Also included in the new law is language that may be seen as banning conscientious objection and language creating a lengthy list of reasons for banning a religious organization.

Swiss Senate Urges Defeat of Ban on Minarets

In Switzerland last Friday, the country's Senate voted 36-3 to recommend that voters defeat an initiative to ban minarets. Swissinfo says most Senators believe the ban would damage the Switzerland's international reputation and the country's trade relations with Muslim countries. The right wing Swiss Peoples Party got enough signatures on a petition to force a vote on the proposal later this year.

Federal Suit On California's Textbook Portrayal of Hindus Settled

Last week, a federal district court in California entered an order settling a lawsuit that had been brought by a group of Hindu parents and their supporters challenging the way Hinduism was portrayed in textbooks chosen by the California state Board of Education in 2005-06. In a prior decision, the court dismissed all plaintiffs' claims except for its equal protection challenge to the textbook adoption process. A parallel state court case has already led to the state Board revising its book selection procedures. Now, according to today's Sacramento Bee, the federal lawsuit has been settled by the state paying plaintiffs $250,000 to CAPEEM (the plaintiff group), an amount that probably will not even cover their expenses. Today's Sacramento Bee reported on developments.

Bosnian Election Restrictions Challenged In European Court As Discriminatory

Last week, the European Court of Human Rights heard arguments in the case of Sejdić and Finci v. Bosnia and Herzegovina challenging provisions in Bosnia's constitution and the election act of 2001. (Court press release.) Haaretz also reports on the case brought by the head of Bosnia's Jewish community and the head of its Roma Council are challenging restrictions that limit candidates for the Presidency and the House of Peoples of the Parliamentary Assembly to members of the Bosnian Serb, Bosnian Muslim and Bosnian Croat communities. They argue that the restrictions violate Articles 3 (inhuman and degrading treatment), 13 (right to an effective remedy) and 14 (prohibition of discrimination) of the European Convention on Human Rights, as well as Article 3 of Protocol No. 1 to the Convention (right to free elections) and Article 1 of Protocol No. 12 to the Convention (general prohibition of discrimination).

Obama Speaks To Middle East Reporters About Religious Pluralism

After his speech in Cairo yesterday, President Obama met with Middle East reporters. JTA has a transcript of the session. While much of the Q&A focused on the Israeli-Palestinian question, one exchange allowed the President to expand on his notion of a religiously pluralistic society:

What I tried to communicate in the speech ... is that in an interdependent world like ours ... we have to have a mature faith that says "I believe with all my heart and all my soul in what I believe, but I respect the fact that somebody else believes their beliefs just as strongly." ... I can't force my religion on you.... Now, that doesn't mean that I can't make arguments that are based on my belief and my faith... If I'm a politician and I say I'm going to pass a law against murdering somebody, that's not me practicing my religious faith; that's me practicing morality that may be based in religious faith, but ... one that can translate into a principle that people of various faiths can agree on.

I think it's very important for Islam to wrestle with these issues.... [I]n Islam there's a debate about sharia and how strict an interpretation or how moderate an interpretation of that should be; or should that be something that is not part of the secular law. I don't presume to make that decision for any country or any groups of people. But I do think that if you start having rules that guarantee other faiths and other groups, or in the case of the United States, people with no faith at all, are somehow forced to abide by somebody else's faith, I think that is a violation of the spirit of democracy and I think that over the long term, that's going to breed conflict in some way. It will lead to some sort of instability and destructiveness in that society.

But, as I said, I think this is a important debate that has to take place inside Islam.... [T]he one thing I can say for certain is that people who justify killing other people based on faith are misreading their sacred texts. And I think they are out of alignment with God. Now, that's my belief. [T]hat ... is a debate that I think is settled for the vast majority of Muslims, but we have a very small minority that can be very destructive....

President's Faith-Based Council Holds Its First Official Meeting

Yesterday afternoon, President Obama's Advisory Council on Faith-Based and Neighborhood Partnerships held its first official meeting by conference call. Washington Post's On Faith has an account of what transpired. Each of the Task Forces reported on its activities. Originally it was reported that the White House had created six task forces (see prior posting); however yesterday's report suggests that a seventh has appeared: Reducing Teen Pregnancy and Abortion. The Council's timeline for the next few months is: Phone conferences every month with an in-person meeting , open to the public, in July. At that meeting, each task force will identify 2 to 3 areas for primary focus. In October, each task force will present a draft of recommendations, with a February meeting to release a final report and recommendations. In between,frequent phone conferences among task forces are anticipated.

Today, Bill Donohue, president of the Catholic League for Civil and Political Rights today issued a press release focusing on part of the report by the Task Force on Global Poverty and Development. The Task Force identified as an issue the importance of foreign aid going to civil society institutions, such as churches, mosques, temples and universities, as well as to governments. Donohue says: "This is a commendable proposition, but it also smacks of hypocrisy: U.S. taxpayers are expected to foot the bill for religious institutions overseas but there is no money for poor kids down the block from the White House who would like to have a school voucher to attend a Catholic school. "

Brooklyn Bishop Lobbies Hard Against Statute of Limitations Window

Today's New York Times reports on the aggressive political advocacy by Brooklyn's Bishop Nicholas A. DiMarzio in opposition to a bill proposed in the legislature that would create a one-year window in which anyone could sue for child abuse, no matter how long ago it occurred. The provision is in one of the two versions of bills tht would extend the statute of limitations on child abuse from 5 years to 10 years. Bishop DiMarzio warns that if the one-year window is enacted, it will bankrupt various Catholic dioceses, and that parishioners will in turn reject politicians who supported the bill.

Some charge that Bishop DiMarzio entered a political deal with Assemblyman Vito J. Lopez, forcing Father James O'Shea to resign as executive director of Churches United. That group had questioned the lack of transparency in the planning process for a large urban renewal housing project in Williamsburg. Lopez headed the Assembly's housing committee that helped get funding for the project, and he also founded a nonprofit social services organization that has part of the contracts for preliminary project development work. Critics say that in exchange for the removal of Fr. O'Shea, Assemblyman Lopez introduced the competing bill that lengthened the statute of limitations in abuse cases without providing a one-time window for old claims to be asserted. Lopez denies any such deal.

Bahrain Adopts New Family Law For Sunnis; Excludes Shiites

IPS reports today that Bahrain's King Hamad bin Isa Al Khalifa on May 27 approved a new family law for Sunnis that protects the rights of women in Shariah courts. The new law sets out specific guidelines for courts to apply to marriage and divorce, alimony, child custody and inheritance cases. This is intended to lessen the mistreatment of women resulting from giving excessive discretion to male judges. However Shiites were excluded from coverage under the law after conservative Shiite scholars and lawmakers threatened nationwide protests and rallies. A spokesman for the Shiite bloc in Parliament said the law clashed with Shariah principles. Fundamentalist Shiites also fear that the law could be a first step toward applying secular civil law to Bahraini Muslims

Maryland AG Says Court Security Can Require Temporary Removal of Face Coverings

A Maryland Attorney General's ruling handed down last week says that deputy sheriffs assigned to court security may require a person to temporarily remove a face covering, or veil or for identification or security purposes, even if the item is worn for religious purposes. 94 OAG 81 (May 27, 2009) concludes that there are no constitutional problems with doing this so long as the sheriff's office has a neutral and generally applicable policy of requiring removal of face coverings for security purposes. The opinion goes on, however, to urge practices that minimize religious conflicts:

To minimize potential conflicts between the requirements of courthouse security and the religious practices of individuals entering the courthouse, it would be useful if security details were comprised of both male and female officers and if a private space were available at the entrance of the courthouse for those individuals whose religion discourages removal of a head covering in public.

While the opinion is focused primarily on issues of Muslim women wearing a niqab, portions of the opinion indicate that it applies to other kinds of head coverings worn by men as well. Today's Examiner reports on Attorney General Douglas Gansler's opinion and the ACLU's concern about its impact on other head coverings.

Court Refuses To Dismiss Challenge To Illinois Drivers License Rules

In Baer v. White, 2009 U.S. Dist. LEXIS 46412 (ND IL, June 3, 2009), plaintiffs challenged as too narrow the Illinois provisions protecting some religious objectors from furnishing their social security number in order to get a drivers' license. Under Illinois Vehicle Code 6-106 and 92 Illinois Administrative Code §1063.63, an exemption is available only if the religious order or sect to which an applicant belongs does not permit the individual to apply for a social security card. In this case, plaintiffs say that their individual religious beliefs-- based on Revelation 13:16-17 that prohibits the "mark of the beast"-- prevent them from furnishing a social security number in order to obtain a drivers license. However their religious sect does not specifically prohibit obtaining a social security number; instead it respects individual consciences on the matter. At issue in particular is the state's requirement for a statement from one's religious leader "attesting that the use of a social security number is against the religious convictions of the applicant's faith." The statute also requires the Secretary of State to determine which religious groups have bona fide convictions opposing participation in the social security system.

The court refused to dismiss plaintiffs' free exercise, equal protection and state RFRA challenges to the statute and regulations. However the court did dismiss plaintiffs' right to travel and due process challenges to the Illinois requirements.

Recent Prisoner Free Exercise Cases

In Heleva v. Kramer, (3d Cir., May 22, 2009), the U.S. 3rd Circuit Court of appeals rejected a free exercise and RLUIPA claim by an inmate who alleged that for eight months authorities deprived him of two books on spirituality and prayer sent by his sister.

Moriarty v. Rendell, 2009 U.S. Dist. LEXIS 44100 (MD PA, May 26, 2009), involves an inmate's claim that he was required to attend a religious-based 12-step drug and alcohol treatment program as a condition of parole. In this decision, a Pennsylvania federal district court adopted a magistrate's report and dismissed certain 1st, 8th and 14th Amendment claims relating to the required attendance.

In Colon v. Passaic County, 2009 U.S. Dist. LEXIS 45151 (D NJ, May 27, 2009), a New Jersey federal district court certified all persons who are or will become incarcerated at the Passaic County Jail during the pendency of the lawsuit as the appropriate class to bring a number of claims, including alleged restriction on religious freedom.

In Rouser v. White, 2009 U.S. Dist. LEXIS 45171 (ED CA, May 15, 2009), a California federal district court, in a lengthy opinion, allowed plaintiffs to move forward on many of their RLUIPA, free exercise clause, establishment clause and equal protection challenges to a prison's restrictions on various Wiccan religious practices.

Falun Gong Adherent Charges Chinese Restaurant In New York With Discrimination

Wednesday's Epoch Times reports on an unusual case charging religious discrimination in public accommodations heard by the New York State Division of Human Rights this week. Three adherents of Falun Gong claimed that employees of a Chinese restaurant in Flushing Queens refused to serve them because of their religious beliefs. Zhen Sun told the administrative law judge that she went into the Lucky Joy Restaurant with a friend, and when employees saw her T-shirt reading "“Falun Dafa", they told her that they do not sell food to Falun Gong. She was ultimately told by the restaurant's owner to leave. No one attended the hearing to defend the Restaurant.

Scotish Tribunal Says Minister Is Not "Employee" In Unfair Dismissal Case

In Scotland, an employment tribunal has rejected an unfair dismissal charge brought by Rev. Allan MacDonald against the Free Presbyterian Church. Highland News yesterday reported on the decision in which the tribunal held that MacDonald was not an "employee" of the Church, but rather held office by virtue of his ordination. His obligations as a minister were to the members of his congregation and the tribunal said it could not impose a legal relationship on the members that would be contrary to their religious beliefs. MacDonald was suspended by the congregation in 2007 and 2008 after he wrote a controversial book titled Veritatem Eme – Buy the Truth. (Background.) Last June MacDonald was told by the congregation to vacate the manse within six months.

Court Says It Can Order Father To Pay Religious School Tuition

In Jordan v. Rea, (AZ Ct. App., May 28, 2009), an Arizona appellate court held, in a dispute between divorced parents over where their two children would go to school, that the best-interests standard applies and that a court may not rule out a private religious school simply because it is a private religious school. This overturned the trial court's ruling that while both parents can impart religious training to the children, school "is a theologically neutral time."
The appellate court also rejected the father's argument that ordering him to pay for a private religious school would be unconstitutional because it would require him to financially support a religious institution to which he does not subscribe. The court concluded that the father is not being required to support a religious institution, but instead is merely being required to make a child support payment to his former spouse to provide for his children's education in a school the court has found to be in their best interests. Yesterday's Douglas (AZ) Dispatch reports on the decision.

Audit of 2008 Anti-Semitic Incidents Released

The Anti-Defamation League this week issued its 2008 Audit of Anti-Semitic Incidents and a press release summarizing the Report's findings. The 2008 findings show a total of 1,352 anti-Semitic incidents, including 37 physical assaults. This is a 7% decline in total incidents from the year before. Among the highest profile incidents were repeated vandalism of the San Francisco Holocaust Memorial and the desecration of numerous of graves at a Chicago Jewish cemetery. The report also includes state-by-state tallies of incidents.

Clergyman Convicted of Violating Noise Law Through Playing Church Bells

In Municipal Court in Phoenix, Arizona yesterday, a local clergyman, Bishop Rick Painter of Christ the King Cathedral, was found guilty on two counts of violating the city's noise ordinance because of the hourly ringing of electronic church bells. An Alliance Defense Fund release says that the bells normally ring each hour from 8 a.m. to 8 p.m. Painter was given a suspended sentence of ten days in jail and three years' probation. The court also ordered that in the future the church bells can only be played once on Sunday mornings and once on each of 5 holy days for up to two minutes in duration with a noise level not to exceed 60 decibels (measured from adjacent property lines). (Full text of order.) ADF said it is reviewing the options available to protect Bishop Painter's rights.

Sikh High Schooler Sues NY Department of Education For Failing To Protect Him

A press release yesterday from the Sikh Coalition reports that a former Queens, New York high school student has filed a federal lawsuit against New York City's Department of Education charging that it failed to protect him against bias-based harassment and attacks from other students. A year ago, student Jagmohan Singh Premi was punched in the face by a fellow student who had a long history of making fun of his patka (small turban) and beard, and attempting to pull off his patka. Teachers and administrators at Richmond Hill High School tried, but could not to stop the harassment. Incidents continued even after the harasser was suspended. The lawsuit alleges that therefore the Department of Education had a responsibility to step in and do more.

Obama's Speech To Muslim World Includes Focus On Religious Freedom

This morning, President Barack Obama delivered a major address to the Muslim world from Cairo, Egypt. (Full text of speech.) In his broad-ranging speech, he said that "Islam has always been a part of America's story," pointing out that the first nation to recognize the U.S. was Morocco. One section of his speech was devoted to religious freedom. He said:

Islam has a proud tradition of tolerance. We see it in the history of Andalusia and Cordoba during the Inquisition. I saw it firsthand as a child in Indonesia, where devout Christians worshiped freely in an overwhelmingly Muslim country. That is the spirit we need today. People in every country should be free to choose and live their faith based upon the persuasion of the mind, heart, and soul. This tolerance is essential for religion to thrive, but it is being challenged in many different ways.

Among some Muslims, there is a disturbing tendency to measure one’s own faith by the rejection of another’s. The richness of religious diversity must be upheld – whether it is for Maronites in Lebanon or the Copts in Egypt. And fault lines must be closed among Muslims as well, as the divisions between Sunni and Shia have led to tragic violence, particularly in Iraq.

Freedom of religion is central to the ability of peoples to live together. We must always examine the ways in which we protect it. For instance, in the United States, rules on charitable giving have made it harder for Muslims to fulfill their religious obligation. That is why I am committed to working with American Muslims to ensure that they can fulfill zakat.

Likewise, it is important for Western countries to avoid impeding Muslim citizens from practicing religion as they see fit – for instance, by dictating what clothes a Muslim woman should wear. We cannot disguise hostility towards any religion behind the pretence of liberalism.

Indeed, faith should bring us together. That is why we are forging service projects in America that bring together Christians, Muslims, and Jews. That is why we welcome efforts like Saudi Arabian King Abdullah’s Interfaith dialogue and Turkey’s leadership in the Alliance of Civilizations. Around the world, we can turn dialogue into Interfaith service, so bridges between peoples lead to action – whether it is combating malaria in Africa, or providing relief after a natural disaster.

9th Circuit Says San Francisco's Criticism of Catholics Did Not Violate Establishment Clause

In Catholic League for Religious and Civil Rights v. City and County of San Francisco, (9th Cir., June 3, 2009), the U.S. 9th Circuit Court of Appeals rejected an Establishment Clause challenge to a strongly worded resolution passed by San Francisco's Board of Supervisors criticizing a directive from Catholic Cardinal William Levada instructing Catholic social service agencies to not place children in need of adoption with same-sex couples. Applying the Lemon test, the court found both a secular purpose and effect, as well as no entanglement. It said in part:

To be sure, the Board could have spoken with a gentler tone, but the strength of the Board’s language alone does not transform a secular purpose into a religious one.... [S]ame-sex adoption is "a secular dimension of the City’s culture and tradition that the City believes is threatened by the specific directive issued to the Archdiocese."... [T]he Board’s well-established practice of responding whenever the equality of gay and lesbian families is called into question necessarily colors the message conveyed by the Resolution. In adopting the Resolution, consistent with past practice, the Board sought to champion same-sex families and nondiscrimination as to gays and lesbians. An objective observer would understand as much.

Judge Berzon concurred, saying it was important that the resolution was limited in three ways: no regulation was attached to the resolution; the resolution was merely enacted; it was not made more permanent through plaques or ads; and the resolution was not repeated or pervasive. Yesterday's San Francisco Chronicle reported on the decision.

Mediation Settles Epicopal Church Dispute In Colorado Springs

The Colorado Springs (CO) Gazette reports that a lengthy mediation session yesterday settled litigation over ownership of Colorado Springs Grace Church & St. Stephen's. A decision handed down in March awarded the $17 million church building to the Episcopal Church USA rather than the break-away group that affiliated with the more conservative Convocation of Anglicans in North America. (See prior posting.) An appeal had been filed. But now the CANA faction agreed instead to give up the building, saying it is too expensive to maintain anyway. However the Episcopal Diocese that gets the building said that the CANA faction realized they had a weak case.

NH Governor Signs Same-Sex Marriage Bill After New Religious Protections Added

Yesterday the New Hampshire House and Senate enacted changes to the same-sex marriage bill that the legislature had already passed, going along with demands of Gov. John Lynch for further protections for religious institutions as a condition of his signing the law. (See prior posting.) The Concord Union Leader reports that the governor then signed the bill yesterday afternoon. It takes effect Jan. 1. Two amendments to the already-passed HB 436 were placed into HB 73 and HB 310. The new changes affirm that religious organizations retain control over who may marry within the faith and they may not be required to participate in a marriage ceremony in violation of their religious beliefs. No religious organization is required to provide in connection with a marriage that violates its religious beliefs any marriage counseling, programs, courses, retreats, or housing designated for married individuals. Finally, religious fraternal benefit societies need not provide insurance where it would violate the society's free exercise of religion.

Fiji Orders Methodists To Cancel Annual Conference

AFP reported earlier this week that the military government in Fiji has ordered the Methodist Church-- Fiji's largest religious group-- to cancel its annual conference scheduled for August. A joint statement by the military and police said the church is trying create instability in the country. Global Voices today has a longer background story on these developments, pointing out that the Methodist Church was critical of the 2006 coup by Commodore Frank Bainimarama, who himself is a Methodist.

Russian Trial Reflects Split Between Young Muslims and Establishment

Today's New York Times reports on a trial taking place in Kazan, the capital of Russia's Muslim Tatarstan region. Twelve defendants are charged with being members of Hizbut Tahrir, a fundamentalist Islamic organization that, among other things, wants to create an Islamic Caliphate. Russia says Hizbut Tahrir is a terrorist organization, while its members say it is a political party that no longer advocates violence. Relatives say defendants' involvement with Hizbut Tahrir was minimal, and that the real reason for their prosecution is that they were studying different currents in Islam and proselytizing outside official Muslim religious structures. A mufti with the government-backed Muslim Religious Board of the Republic of Tatarstan admitted that the Muslim establishment had not responded well to the more modern interests of young Muslims.

Summum Seeks Dismissal of Its 7 Aphorisms Monument Challenge

Last March, after the U.S. Supreme Court decided in Pleasant Grove City v. Summum that Pleasant Grove City, Utah need not acccept a "Seven Aphorisms" monument for a local park, it remanded to the lower courts for further consideration a more complicated companion case, Summum v. Duchesne City. (See prior posting.) In Duchesne City, Summum wanted to put up its monument on an equal basis with the Ten Commandments that was in a city park. Now, according to yesterday's Deseret News, Summum has asked a federal district court to dismiss its lawsuit because subsequent developments have in effect mooted it. The city has moved the Ten Commandments monument from Roy Park to the city cemetery. Summum's attorney, Brian M. Barnard, says that while the cemetery is still city property, cemeteries are treated differently. He explained: "Cemeteries have traditionally been a place for religious expression. Grave markers, tombstones have always had religious symbols on them. And individual plots are normally considered to be owned by the family."

Obama's Outreach To Muslims Begins With TV Interview Before Leaving

President Obama has arrived in Saudi Arabia to begin his 5-day trip to the Middle East and Europe. As reported by BBC News today, Obama hopes the trip will signal a new dialogue with the Muslim world. Tomorrow he delivers a major speech from Cairo University. On Monday, before he left on his trip, President Obama gave an interview (full text) in the White House to the French television channel, Canal Plus. Getting particular notice is this statement by the President during the interview:

I think that the United States and the West generally, we have to educate ourselves more effectively on Islam. And one of the points I want to make is, is that if you actually took the number of Muslims Americans, we'd be one of the largest Muslim countries in the world.

Tony Harnden, writing for the London Telegraph, contrasts this with Obama's statement two months ago at a news conference in Turkey that Americans "do not consider ourselves a Christian nation or a Jewish nation or a Muslim nation." Less noticed have been other statements about Islam made by the President in the Monday's Canal Plus interview:

I think the most important thing I want to tell young people is that, regardless of your faith, those who build as opposed to those who destroy ... leave a lasting legacy.... And the impulse towards destruction as opposed to how can we study science and mathematics and restore the incredible scientific and knowledge -- the output that came about during centuries of Islamic culture... I think that has to be lifted up....

I think the importance of educating women has to be something that's emphasized. If you look at indicators of human development across the board, those where girls are getting a chance for an education end up being more economically productive. How to reconcile this with some of the traditional values and norms of Islam, that's not for me to dictate, but certainly I think it's something that can be accomplished, and I want to encourage that.

British Tribunal Says Catholic Adoption Agency Policy Violates Equality Act

In Catholic Care (Diocese of Leeds) v. Charity Commission for England and Wales, (Charity Trib., June 1, 2009), Britain's Charity Tribunal has held that a Catholic adoption agency is violating the Equality Act (Sexual Orientation) Regulations 2007 by refusing to furnish adoption services to same-sex couples. (Here are links to earlier rulings in the case.) A temporary exemption for Catholic agencies from the 2007 regulations expired in December 2008. The current case involved Catholic Care, an agency that has had particular success with "hard to place" children. Today's London Telegraph reports:

The Tribunal's ruling leaves leading charity Catholic Care (Diocese of Leeds) facing a deep religious impasse and creates a fundamental conflict between the tenets of the Catholic Church and the law of the land. If the charity now sticks to Church policy and continues to follow its "heterosexuals only" policy it could lose its charity status and public funding. It might also face discrimination claims by same-sex couples it has turned away in the past.

(See prior related posting.)

Obama Issues LGBT Pride Month Proclamation

Baptist Press reports that many evangelicals are unhappy that President Barack Obama on Monday issued a Proclamation (full text) proclaiming June 2009 as "Lesbian, Gay, Bisexual, and Transgender Pride Month." The proclamation notes that this year is the 40th anniversary of the Stonewall Rebellion, a clash with New York police that is generally seen as the start of the gay rights movement. The Proclamation says in part that: "LGBT Americans have made, and continue to make, great and lasting contributions that continue to strengthen the fabric of American society." It lists a number of pro-LGBT initiatives undertaken by the Administration. Yesterday's Windy City Times says that both sides are unhappy with the Proclamation. Gay rights activists says the Administration has not done enough to further equal rights. This is not the first time a President has issued this sort of Proclamation. Bill Clinton issued gay pride proclamations in 1999 and 2000.

Ireland Will Seek More Victim Compensation From Catholic Orders

After last month's release in Ireland of a massive report on child sexual abuse over decades at Catholic institutions (see prior posting), the Irish government says that it will seek a larger share of the 1.2 billion Euros that will ultimately be paid to victims from the 18 religious orders named in the report. Today's Irish Times says that the the 127 million Euros payment agreed to by the Education Ministry in 2002 was based on the view that any abuse was intermittent. The new report shows that it was endemic. Child rights advocates say the amounts awarded to victims by a redress board have been too small and have been inconsistent.

UPDATE: The June 5 Irish Times reports that the 18 religious orders which were party to the 2002 compensation agreement with the Irish government have agreed to an audit of their assets in connection with negotiations over their contributing additional amounts to compensate abuse victims.

Court Refuses To Enjoin Graduation In Church Building

Yesterday in Does v. Elmbrook Joint Common School District No. 21, (ED WI, June 2, 2009), a Wisconsin federal district court refused to grant a preliminary injunction to bar two Wisconsin high schools from holding their graduation ceremonies in a church building. Yesterday's Milwaukee Journal Sentinel reports on the judge's oral decision which concluded that using the church would not be viewed by most as an endorsement of the church's beliefs. He said:"A ceremony in a church does not necessarily constitute a church ceremony." The order denying the injunction indicated that a written opinion would follow.

A release by Americans United, which brought the lawsuit, said that at previous graduation ceremonies held in Elmbrook Church, a suburban Milwaukee mega-church, students were awarded their degrees under a 20-foot tall cross. Also the church teaches that non-Christians, such as plaintiffs, will suffer eternal torment in Hell. AU says that there are 11 secular venues in the area that could have been used for graduation. TMJ4 News says this is likely the last year the church will be used for graduation because new gymnasiums in the two high schools will be available by next year. (See prior related posting.)

3rd Circuit Says School Can Bar Bible Reading At Kindergarten "Show and Tell"

In Busch v. Marple Newton School District, (3d Cir., June 1, 2009), the U.S. 3rd Circuit Court of Appeals, in a 2-1 decision, upheld a Pennsylvania elementary school's restriction that barred a kindergartner's mother from reading aloud from the Bible as part of a "show and tell" activity in her son's classroom. The teacher assigned each student an "All About Me" week, part of which involved a parent visiting the class and leading students in an activity or story. Donna Busch wanted to read from the Bible because it was her son Wesley's favorite book. Donna claimed that the school's refusal violated her free speech and equal protection rights, as well as the establishment clauses, under both the U.S. and state constitutions. The majority said in part:

Restrictions on speech during a school's organized, curricular activities are within the school's legitimate area of control because they help create the structured environment in which the school imparts basic social, behavioral, and academic lessons.... Principal Cook disallowed a reading from holy scripture because he believed it proselytized a specific religious point of view.

Judge Barry wrote a concurrence, saying:

children of kindergarten age are simply too young and the responsibilities of their teachers too special to elevate to a constitutional dispute cognizable in federal court any disagreement over what a child can and cannot say and can and cannot do and what a classmate can and cannot be subjected to by that child or his or her champion.

Judge Hardiman dissented as to plaintiff's free speech claim, arguing that the school had engaged in unconstitutional viewpoint discrimination:

Clearly, "the constitutional rights of students in public school are not automatically coextensive with the rights of adults in other settings."... It does not follow, however, that the state may regulate one's viewpoint merely because speech occurs in a schoolhouse — especially when the facts of the case demonstrate that the speech is
personal to the student and/or his parent rather than the school's speech. The majority’s desire to protect young children from potentially influential speech in the classroom is understandable. But that goal, however admirable, does not allow the
government to offer a student and his parents the opportunity to express something about themselves, except what is most important to them.

Yesterday's San Jose (CA) Mercury News reported on the decision. (See prior related posting.)

Oregon Passes Bill To Require Reasonable Religious Accommodation For Employees

Yesterday's Mid-Willamette Valley (OR) Statesman Journal reports that Oregon's legislature has passed and is about to transmit to the governor SB 786, the Oregon Workplace Religious Freedom Act. The new law requires employers to reasonably accommodate employees' religious practices and observances. The employer need not make accommodations that impose undue hardship, i.e. that create significant difficulty or expense. The bill focuses particularly on employees' right to use vacation or leave for religious observances and their right to wear religious clothing on the job. However, under the bill, public school teachers may be barred from wearing religious clothing in the classroom. [Thanks to Don Byrd for the lead.]

Liberty Counsel Files IRS Complaint Against Americans United

Yesterday, Liberty Counsel filed an 11-page letter, along with another 11 pages of exhibits, (full text) with the IRS seeking to have it investigate Americans United for Separation of Church and State. (Liberty Counsel press release.) Pointing to AU's recent complaint to the IRS about Liberty University (see prior posting), the letter asks the IRS to:

(1) enjoin AU from continuing its intolerable waste of tax dollars through its barrage of unwarranted IRS complaints and subsequent investigations; (2) enjoin AU from continuing its abusive attacks and selective harassment of conservative churches, groups and related organizations; (3) enjoin AU from continuing its campaign of misrepresentation to the public of the political climate in relation to the conservative church and related groups; and (4) investigate the partisan pattern of filing complaints and the partisan activities of AU to determine whether such abuses represent illegal activities that jeopardize its current tax-exempt 501(c)(3) incorporation.

In a release yesterday, Americans United called to complaint "a desperate diversionary tactic" by Jerry Falwell Jr.'s Liberty Counsel. AU executive director Rev. Barry W. Lynn says "Falwell knows full well that Americans United is rigorously non-partisan." Last year, a Houston area Pastors Council filed a similar complaint against Americans United. (See prior posting.)

Former Alabama C.J. Roy Moore Announces For Governor's Race

Former Alabama Supreme Court Chief Justice Roy Moore yesterday announced that he is running for Governor of Alabama in the 2010 election. AP says that the announcement came on the first day that candidates can begin to raise money for the 2010 election. Moore is best known for his fight over a granite monument of the Ten Commandments that he put up in the lobby of the state judicial building. His refusal to remove the monument as ordered by a federal court led to his removal as Chief Justice in 2003. Moore ran for governor in 2006, but lost the Republican primary. He will face at least 4 others this time in the primary. Speaking to 150 supporters in Montgomery, Moore said: "Out of Washington comes a dangerous new message that we are not a Christian nation. Indeed, I refute that." He has also launched a campaign website that features a statement from Dr. James Dobson who calls Moore "a man of courage and strong Christian character."