Court Dismisses Defamation Claims By Islamic Groups Against Internet Writer

In Kaufman v. Islamic Society of Arlington, (TX Ct. App., June 25, 2009), a Texas state appellate court dismissed a defamation action brought by a group of Islamic organizations brought against the author of an article published on an Internet website. The article criticized "Muslim Family Day" scheduled for Six Flags Over Texas amusement park. The article alleged that the primary sponsor, Islamic Circle of North America (ICNA), had terrorist ties, and that the event was "nothing but a charade, created to spread hatred, but veiled in a way to make the sponsoring organization look harmless." ICNA was not one of the plaintiffs bringing the lawsuit.

First the court concluded that Front Page Magazine, the Internet site carrying the article, is part of the electronic media for purposes of a procedural rule in Texas that allows an interlocutory appeal when summary judgment is denied a media defendant asserting free speech or free press defenses. The court then concluded that the statements objected to were not ones that were directed towards the groups who were plaintiffs in the lawsuit, and thus they could not maintain the defamation action.

On July 1, plaintiffs filed a motion to seek en banc rehearing. The Thomas More Society, which represented defendant in the litigation, issued a release last Thursday describing the original lawsuit as frivolous and "an example of the legal jihad being waged by radical Islamic organizations throughout our nation... aimed at stifling the free speech rights of Americans who dare to expose their agenda."

7th Circuit Holds No Damage Claims Against States Under RLUIPA

In Nelson v. Miller, (7th Cir., July 1, 2009), the 7th Circuit joined the 4th and 5th Circuits in holding tht states did not waive their sovereign immunity for damage actions in prisoner claims under RLUIPA by accepting federal funds. The 11th Circuit has taken an opposite position. The 7th Circuit also held in the case that RLUIPA -- enacted under Congress' spending clause powers--does not authorized damage claims against state officials in their individual capacities since they were not recipients of state funds. It remanded for further findings on whether Illinois had a compelling interest a prisoner's complaint regarding denial of a non-meat diet.

Liberal Christian Groups Increase Activism on Public Issues

The Wall Street Journal today reports on a new political activism by progressive and liberal Christians. For example, a recent ad campaign by the American Values Network on Christian and country music stations in ten states encouraged support for federal legislation to limit greenhouse gas emissions, framing support in religious terms. Another coalition of Christian groups is about to begin an ad campaign supporting health care reform. Conservative Christian groups, such as the Cornwall Alliance for the Stewardship of Creation which rejects concerns about global warming, are organizing in opposition. [Thanks to Steven H. Sholk for the lead.]

Religious Groups Kept Out of Challenge To Canadian Prostitution Laws

In Canada, an Ontario trial court judge has refused to permit the Christian Legal Fellowship and the Catholic Civil Rights League (as well as a conservative women's group, REAL Women of Canada) to intervene in a case challenging the constitutionality of several of Ontario's anti-prostitution laws. Today's Toronto Globe and Mail reports that the court gave several related reasons for denying standing to the groups. It feared they would prolong and disrupt the trial and would be presenting contentious moral views that reflect only a small part of Canadian society.

Obama Meets With Catholic Press Ahead of Vatican Visit

Yesterday President Barack Obama met with eight members of the Catholic press ahead of his planned meeting with Pope Benedict XVI next Friday. Obama will be in Italy for the Group of Eight meeting after visiting Russia earlier in the week. (AFP report on trip.) Obama opened the White House meeting with media with a statement and then answered questions from each reporter. The National Catholic Register has a series of reports on questions asked. Most attention has been given to Obama's statement that "there will be a robust conscience clause in place" when the White House finishes its review of HHS regulations that were put in place at the end of the Bush administration. Obama promised that the conscience protections will not be weaker than those that were in place before the Bush changes. The President also responded to questions on abortion rights, tensions between liberal and conservative Catholics, his own choice of a new church, homosexual rights, and the Middle East.

Final Rules for British Teachers Modified After Religious Objections To Diversity Standards

On Wednesday, the General Teaching Council for England announced the adoption of a new Code of Conduct and Practice for Registered Teachers. It contains 8 principles aimed at helping children learn and promoting cooperation with other professionals and parents. The original draft of the Code published for comment last November drew objections from Christian and other religious groups that argued the mandate to "promote equality and value diversity" would require teachers to promote homosexuality in violation of their religious beliefs. (See prior posting.) Substantial changes in response to these concerns were made in the final draft. According to yesterday's Guardian, "the new version of the code ... has been radically reworded to take out requirements to 'promote' diversity. Teachers no longer have to 'proactively challenge' discrimination and are instead simply required to address it...."

Court In India Strikes Down Law Banning Consensual Adult Homsexual Relations

In India, the Delhi High Court today struck down as unconstitutional Section 377 of the Indian Penal Code insofar as it bans homosexual sexual acts in private between consenting adults. (Background.) In a 105-page opinion in Naz Foundation v. Government of NCT of Delhi, (High Ct. Delhi, July 2, 2009), the court cites extensively not just to Indian precedent, but to that in the U.S. Britain and other Commonwealth countries. The court concluded that the challenged provision, infringes the right to privacy guaranteed by Section 21 of India's Constitution as well as Section 14 (equality before the law) and 15 (discrimination on the basis of sex) of the Indian Constitution. It writes:

If there is one constitutional tenet that can be said to be underlying theme of the Indian Constitution, it is that of 'inclusiveness'. This Court believes that Indian Constitution reflects this value deeply ingrained in Indian society, nurtured over several generations. The inclusiveness that Indian society traditionally displayed, literally in every aspect of life, is manifest in recognising a role in society for everyone. Those perceived by the majority as “deviants' or 'different' are not on that score excluded or ostracised.

Where society can display inclusiveness and understanding, such persons can be assured of a life of dignity and nondiscrimination. ..... In our view, Indian Constitutional law does not permit the statutory criminal law to be held captive by the popular misconceptions of who the LGBTs are. It cannot be forgotten that discrimination is antithesis of equality and that it is the recognition of equality which will foster the dignity of every individual.

The law at issue was enacted in the 19th century when India was a British colony. The challenge was brought by a group working on HIV/AIDS prevention. The court described petitioner's contentions, in part, as follows:

Section 377 IPC is based upon traditional Judeo-Christian moral and ethical standards, which conceive of sex in purely functional terms, i.e., for the purpose of procreation only. Any non-procreative sexual activity is thus viewed as being "against the order of nature”. The submission is that the legislation criminalising consensual oral and anal sex is outdated and has no place in modern society.... Section 377 IPC serves as the weapon for police abuse; detaining and questioning, extortion, harassment, forced sex, payment of hush money; and perpetuates negative and discriminatory beliefs towards same-sex relations and sexuality minorities; which consequently drive the activities of gay men and MSM, as well as sexuality minorities underground thereby crippling HIV/AIDS prevention efforts.

Bloomberg today reports on the court's decision. Indian Express reports on the reactions of various religious leaders in India to the decision.

Fiduciary and Arizona AG Oppose Proposed UEP Trust Settlement

Reports from KSL News and Dallas Morning News yesterday indicate renewed disagreement over how to reform the United Effort Plan Trust which holds property of FLDS church. Last month, Utah's attorney general proposed a settlement in the proceedings in which a Utah court is attempting to reform the trust. (See prior posting.) Responses filed yesterday indicate that the settlement proposal is supported by the FLDS church, but is opposed by Arizona's attorney general and court-appointed special fiduciary Bruce Wisan. Wisan objects that the proposed settlement excessively favors current FLDS members over former members. The proposed settlement would set aside an area in Colorado City, Arizona, for former FLDS members who left the Church voluntarily or through excommunication. The Arizona Attorney General says this creates religious segregation. Wisan's attorneys also raise questions regarding who can speak for the FLDS church.

New York City Council Wants Muslim Holidays On School Calendar

New York's city council on Tuesday passed a resolution adding two Muslim holidays-- Id al-Fitr and Id al-Adha-- to the school calendar. However, according to the New York Times, under current law Mayor Michael Bloomberg has the final say over which days are school holidays, at least if the legislature extends Bloomberg's expiring control over the schools. Bloomberg opposes adding these days off. Council also urged the state legislature to pass pending legislation that would require schools be closed for these holidays. [Thanks to Alliance Alert for the lead.]

Coleman's Defeat Means No Jewish Republicans In U.S. Senate

With Al Franken's defeat of Norm Coleman in Minnesota, the Republicans are without any Jewish members of the U.S. Senate for the first time since 1957. That was the year Jacob Javits became New York's senator. CBS News points out that there is only one Jewish Republican in the House of Representatives-- minority whip Eric Cantor. In contrast, there are 13 Jewish Democrats in the Senate (including newly-elected Al Franken) and 29 Jewish Democrats in the House.

CAIR Will Distribute 100,000 Qurans To U.S. Leaders

At a news conference yesterday, the Council on American-Islamic Relations announced Phase II its "Share the Quran" campaign. According to the New York Times, CAIR plans to distribute 100,000 copies of the Quran to local, state and national leaders, including President Barack Obama who will be given one as a thank-you for his speech to the Muslim world. CAIR hopes to distribute 1 million copies of the Quran to the American public over the next ten years.

Connecticut AG Says Ethics Agency Should Drop Investigation of Diocese Lobbying

Connecticut Attorney General Richard Blumenthal has advised the Office of State Ethics to drop its investigation of whether activities of the Bridgeport Diocese require it to register as a lobbyist. The state ethics office wrote the Diocese raising questions after the Diocese took part in a rally in March opposing Raised Bill 1098 that would have forced reorganization of financial oversight in Catholic parishes. The Diocese then sued in federal court to stop state action to force it to register. (See prior posting.) Yesterday's Hartford Courant reports that Blumenthal believes the investigation and enforcement activities against the Diocese may raise church-state concerns, and says the legislature needs to narrow and clarify the statute. While the ethics agency can still proceed, Blumenthal's office is refusing to defend its actions. Individual agency officials might face damage claims.

UPDATE: The Hartford Courant reports that on Wednesday afternoon, the Office of State Ethics dropped it investigation of the Bridgeport Catholic Diocese.

UPDATE 2: On Thursday afternoon, the Bridgeport Diocese announced it was dropping its federal lawsuit. (Connecticut Post.)

Azerbaijan Places New Limits On Choice of Muslim Religious Leaders

Forum 18 reports that Azerbaijan's Parliament (the Milli Mejlis) yesterday adopted two new amendments to the country's Religion Law. The new provisions impact only the Muslim community. An amendment to Article 8 provides that all religious functionaries who lead Islamic places of prayer must be appointed by the Caucasian Muslim Board with approval of the government's executive officials. An amendment to Article 21 requires that: "The performance of religious rituals of the Islamic faith can be carried out only by citizens of Azerbaijan who have received their education in Azerbaijan." The bill now goes to the country's President who has 56 days to sign it or return it to Parliament. Presidential approval is expected quickly.

Pastor Will Lead Prayer In Pennsylvania Senate After Rejecting House's Rules

The Pennsylvania House of Representatives invites clergy to offer an opening prayer, but requires the prayer to be submitted in advance. When Rev. Gerry Stoltzfoos was invited and submitted his invocation, a staff member in the Speaker's office requested that he remove a reference to Jesus in the closing. The House has recently adopted this policy to avoid litigation. Rev. Stoltzfoos, however, objected and decided not to accept the invitation to lead the House in prayer, saying: "I just feel like if you want me to pray, then I have to pray to the one thing I know." Now, according to yesterday's York Daily Record, Pennsylvania state Sen. Rich Alloway, who was "shocked" by the House policy, has invited Stoltzfoos to open the state Senate with a prayer-- where no similar editorial policy is in effect. Alloway, commenting on the House policy, said: "This government should not be antagonistic toward any religion."

DC Court Agrees With Election Board: No Referendum On Gay Marriages

In Jackson v. District of Columbia Board of Elections and Ethics, (DC Super. Ct., June 30, 2009), the D.C. Superior Court refused to grant a preliminary injunction to stay the effective date of new legislation in D.C. that would recognize the validity of same-sex marriages performed elsewhere. The court upheld the finding by the Board of Elections that the law is not subject to a referendum because the referendum would violate D.C.'s Human Rights Act. (See prior posting.) In the lawsuit brought by seven D.C. residents led by Bishop Harry R. Jackson of Hope Christian Church in Beltsville (MD), the court said: "A citizen’s disagreement with constitutionally sound legislation, whether based on political, religious or moral views, does not rise to the level of an actionable harm." Today's Washington Times reports on the decision.

Leonard Leo Elected USCIRF Chairman

Leonard Leo, executive vice president of the Federalist Society and a commissioner of the U.S. Commission on International Religious Freedom has been named chairman of USCIRF for a year-long term beginning July 1, according to a USCIRF press release yesterday. Michael Cromartie, vice president of the Ethics and Public Policy Center, and Elizabeth H. Prodromou, professor of International Relations at Boston University, were re-elected as vice-chairs. Leo ws appointed to USCIRF by President George W. Bush in 2007. Under the International Religious Freedom Act, the chair is elected each year by members of the Commission.

Activist Wants Illinois Governor To Veto Appropriations To Religious Institutions

Social activist Rob Sherman has written a top aide to Illinois Governor Pat Quinn urging him to exercise his line item veto to eliminate all grants in the state's recently passed appropriations bill (HB 313) that are directed to churches, parochial schools and other religious organizations. On his blog, Sherman focuses on a grant for infrastructure at St. Martin de Porres Church, a capital improvements grant to St. Malachy School and a grant for construction of a cabin at the Camp Chi. Sherman says the appropriations violate ban in the Illinois constitution on state-mandatessupport for any place of worship., and the ban on spending state funds on parochial schools

Court Refuses To Dismiss RLUIPA Challenge To "Shabbos House"

In Bikur Cholim v. Suffern, 2009 U.S. Dist. LEXIS 54187 (SDNY, June 25, 2009), a New York federal district court refused to dismiss claims under RLUIPA and freedom of association claims challenging the denial of a zoning variance for a Suffern (NY) "Shabbos House." The facility provides overnight accommodations for Jews unable to travel on the Sabbath who wish to visit patients at Suffern's Good Samaritan Hospital. Complaints had been filed by private plaintiffs and also by the federal government alleging RLUIPA and other violations. The court concluded that: "Rabbi [Simon] Lauber's administration of the Shabbos House and private plaintiffs' utilizing the Shabbos House constitute 'religious exercise' under RLUIPA. As to all other elements of the RLUIPA claims, these remain for the factfinder." The court dismissed plaintiffs' equal protection claim.

Appeal Filed With 5th Circuit In Elementary School Hair Style Limits

Fort Bend Now reported yesterday that the Needville, Texas Independent School District has filed an appeal with the U.S. 5th Circuit in A.A. v. Needville Independent School District. In the case, a Texas federal district court granted a permanent injunction preventing an elementary school from enforcing the school district's hair style policy against a 5-year old whose family taught him to wear his hair in two long braids in the tradition of Native American religions. (See prior posting.)

Paper Complains That Mandated Free Day At Holy Land Experience Too Narrowly Advertised

In 2006, the Florida legislature passed a law assuring a property tax exemption for Holy Land Experience religious theme park-- assuring it a tax savings of about $300,000 per year. In order to keep the exemption, Holy Land was required by the law to offer one free-admission day per year. Yesterday's Orlando Sentinel complained that Holy Land only advertises the date of the free-day on the local Trinity Broadcasting Network channel-- WTGL--TV58. The date varies widely each year. Holy Land says that it has a capacity of only 1700, and wider advertising could overwhelm the park.

Israel's High Court Orders Kashrut Certificate For Bakery Owned By Messianic Jew

Israel's High Court of Justice yesterday ordered the Rabbinate in the city of Ashdod to grant a kashrut certificate (kosher certification) to a bakery owned by a Messianic Jew. Haaretz reports that the Chief Rabbinate Council had required bakery owner Pnina Comporati to have enhanced supervision because her beliefs, they felt, meant she could not be trusted to keep her bakery kosher. A 3-judge panel of the High Court ruled, however, that so long as an applicant's beliefs do not themselves affect the kashrut of the food, the Rabbinate has no authority to impose discriminatory requirements based on beliefs.

Cert. Denied In High School Bible Club, Missouri Funeral Picketing, Cases

The U.S. Supreme Court yesterday denied certiorari in two companion cases, Truth v. Kent School District, (Docket No. 08-1130) and Kent School District v. Truth, (Docket No. 08-1268) (Order List). In the case, the 9th Circuit upheld the application of a Seattle, Washington school's rules against religious discrimination to Truth, a Bible study club. The organization was denied recognition as a student group because its charter limits membership to those who sign a statement of fundamentalist Christian faith. (See prior posting.) Yesterday's Seattle Times reported on the decision.

Separately yesterday, the U.S. Supreme Court denied certiorari in Nixon v. Phelps-Roper, (Docket No. 08-1244) (Order List). In the case, the U.S. 8th Circuit Court of Appeals had granted members of the Westboro Baptist Church a preliminary injunction against enforcement of Missouri's anti-funeral picketing law. (See prior posting.) Yesterday's Christian Science Monitor reported on the decision.

LAPD Appoints First Muslim Chaplain

The Los Angeles Police Department has appointed its first Muslim chaplain-- Shiek Qazi Asad. Yesterday's Los Angeles Times reports that Asad applied for the volunteer position of reserve chaplain as part of his long-standing efforts to improve relations between Muslims and Los Angeles law enforcement. Fewer than 1% of LAPD officers ar Muslim.

Ave Maria Law School Claims Ministerial Exception

AveWatch earlier this month reported on the unusual defense mounted by Ave Maria University in a lawsuit against it by a law professor Stephen Safranek whose tenure and employment were terminated. In a motion to dismiss (full text) filed June 1, Ave Maria claims that it is a religious institution and that the ecclesiastical abstention doctrine precludes civil court jurisdiction in the case. The motion argues that Ave Maria faculty were ministerial employees as a matter of law because the Law School's Faculty Handbook required them to integrate the moral and social teachings of the Catholic Church Plaintiff's response to the motion calls it "so untenable it is difficult to absorb on one reading."

[UPDATED] Obama Picks Camp David Church As His Home Congregation; White House Denies Story

After a 5-month search, President Barack Obama has decided to make Evergreen Chapel, the non-denominational church at Camp David, his primary place of worship. Time today reports that the unexpected move was motivated in large part by a desire to worship without being on display, as would be the case if he joined a Washington, DC congregation. Evergreen Chapel is open to the families of the 400 military personnel at Camp David. Navy chaplain Lieut. Carey Cash currently leads services at Evergreen Chapel. The Navy rotates chaplains through this assignment every three years. In picking Evergreen Chapel, Obama followed the choice of Pres. George W. Bush. Lieut. Cash is not likely to be Obama's primary spiritual advisor. Instead he seems to be relying on a small group of pastors with whom he keeps in touch.

UPDATE: At Monday's press briefing (full text), White House press secretary Robert Gibbs denied most of the Time story, saying:

There have been no formal decisions about joining a church. I think I've mentioned in here in the past couple of weeks that when he goes to Camp David he has attended services at the chapel there, he enjoys the pastor there. They're not formally joining that church and there have been no formal decisions on joining a church in this area.

I will say I think one aspect of the article that is true, as I mentioned here in that same discussion, was the concern that the President continues to have about the disruptive nature of his presence on any particular Sunday in some churches around the area. I think that was discussed in the article. And I know he is -- I think obviously he shares the strong belief that there's a very personal nature to one's spirituality. And for it to be -- for his presence to be disruptive, I think he believes that takes away from the experience that others might get and he certainly doesn't want to do that....

I think they will continue to look for a formal church home. I think when he's at Camp David, he'll continue to go to the chapel there. He has told us that he greatly enjoys that.

[Thanks to commenter on this posting for the lead.]

Report Says Many Muslim Marriages In Britain Are Unregistered

A report issued today by the British think tank Civitas says that some two-thirds of Muslim marriages in Britain are not being registered as required under the Marriages Act. These marriages are performed in smaller informal sharia courts outside the formal group of Muslim arbitration tribunals operating in four British cities. According to UTV News, the Civitas report says that an imam who conducts an unregistered marriage and then advises on disputes within that marriage is in breach of the law. Civitas has also issued a release on its new report.

Relatives Challenge Will Leaving Woman's Assets to Catholic Order

Yesterday's Hartford Courant reports that relatives of Gabrielle Mee are challenging her will that left all her property to the Connecticut-based to the Legionaries of Christ. Relatives discovered that Mee, who died last year at age 96, already had turned over some $7.5 million in cash and property to the Legionaries. Relatives say that Mee would never have left her assets to the order if she had known the truth about a sex scandal involving its founder, the Rev. Marcial Maciel Degollado, who was accused of molesting at least nine boys in seminaries in Spain and Italy in the 1950s and '60s. They say the Legionaries is a cult that kept the deeply religious Mee isolated.

Recent Articles of Interest

From SSRN:

• Mohammad Fadel, Political Liberalism, Islamic Family Law and Family Law Pluralism: Lessons from New York on Family Law Arbitration, (in Marriage and Divorce in a Multicultural Context: Reconsidering the Boundaries of Civil Law and Religion, Joel A. Nichols, ed., Cambridge University Press, Forthcoming 2010).
• Marc R. Poirier, Name Calling: Identifying Stigma and the 'Civil Union'/'Marriage' Distinction,(Connecticut Law Review, Vol. 41, 2009).

From SmartCILP:

• Yehiel S. Kaplan, A Father's Consent to the Marriage of His Minor Daughter: Feminism and Multiculturalism in Jewish Law, 18 Southern California Review of Law & Social Justice 393-460 (2009).
• Liaquat Ali Khan, Jurodynamics of Islamic Law, 61 Rutgers Law Review 231-293 (2009).
• Mark Strasser, The Coercion Test: On Prayer, Offense, and Doctrinal Inculcation, 53 St. Louis University Law Journal 417-483 (2009).

Indian Court Says Church May Not Be Required To Obtain Permit To Hold Worship Services

Zee News yesterday reported on a decision by the Madras High Court in India holding that district officials could not require a church to obtain a permit before conducting prayers inside its own building. The court ordered the Kanyakumari Revenue Divisional Officer not to interfere with prayers inside church premises, but told the church it should seek permission if it planned to take a procession outside of its building.

Recent Prisoner Free Exercise Cases

In Chavis v. Goord, (2d Cir., June 25, 2009), the U.S. 2nd Circuit Court of Appeals dismissed an inmate's claim that his free exercise rights were infringed when he was required to work on Sundays. The court found both a lack of exhaustion of administrative remedies and failure to allege any specific burden on religious beliefs.

In Rowe v. Bell, 2009 U.S. Dist. LEXIS 52516 (ND IN, June 19, 2009), an Indiana federal district court refused to dismiss an inmate’s claim that practices which prevent him from attending or from viewing (on television) religious services, from fellowship with other inmates, and from regularly reading religious books violate RLUIPA.

In Bonnell v. Burnett, 2009 U.S. Dist. LEXIS 27586 (ED MI, March 31, 2009), a Michigan federal district court concluded that a triable question of fact existed as to whether an inmate's professed need for a kosher diet was based on a sincerely held religious belief.

Russia Tells Court It Lacks Jurisdiction Over Chabad's Claim Against It

Last year, the D.C. Circuit Court of Appeals held that the parent organization for the Orthodox Jewish Chabad movement can pursue its claims against the Russian government to recover two historic collections of Jewish religious books and manuscripts that were seized in violation of international law. (See prior posting.) In January, the U.S. District Court in Washington, D.C. ordered Russia to preserve the documents after Chabad feared they were not being properly cared for and might be sold on the black market. AP reports that in a filing on Friday, the Russian government told the court that in order to protect its sovereignty, it will not participate in the U.S. proceedings. Russia says that the U.S. should use diplomatic channels to deal with any dispute, arguing that U.S. courts lack authority to enter orders with respect to property owned by the Russian government.

Canadian Supreme Court Says Law Imposing Medical Treatment Over Minor's Objection Is Constitutional

In a 6-1 decision Thursday, Canada’s Supreme Court upheld Manitoba’s law that allows a court to order medical treatment for a child under 16 that it considers to be in the child’s best interest, despite the child’s religious objections. In A.C. v. Director of Child and Family Services, (Can. Sup. Ct., June 26, 2009), a case involving a 14-year old Jehovah's Witness who objected to a blood transfusion, Justice LeBel’s opinion for 4 justices concluded that the statute creates a proper constitutional balance between autonomy and the government's interest in protecting a vulnerable child from harm. The opinion held that the "best interest" standard mandated by the law involves a sliding scale of scrutiny, with the child's views becoming more important as the child becomes more mature. A child's religious heritage is one of the factors the court must examine in determining the child's best interest.

A concurring opinion by Chief Justice McLachlin and Justice Rothstein concluded that while legislative authorization of treatment over a minor's sincere religious objections amounts to an infringement of religious freedom under the Canadian Charter of Rights and Freedoms, it is a justifiable infringement. "[T]he objective of ensuring the health and safety and of preserving the lives of vulnerable young people children is pressing and substantial, and the means chosen — giving discretion to the court to order treatment after a consideration of all relevant circumstances — is a proportionate limit on the right."

A dissent by Justice Binnie argued that in the case of a mature minor under 16, as here, rights of autonomy and religious freedom are violated by an irrebuttable presumption that a person under 16 lacks the capacity to make treatment decisions. Reuters on Friday reported on the decision.

State Department Appoints Special Representative To Muslim Communities

The U.S. State Department on Friday announced the appointment of Farah Pandith to head the new Office of the United States Special Representative to Muslim Communities. Pandith, a Muslim, was born in India and immigrated to the U.S. with her parents. Previously she served on the White House National Security Council where she was involved with outreach to Muslims and combating extremism, and then worked in the State Department on issues of Muslim engagement in the European and Eurasian region. According to the Washington Post, the new appointment was announced on Tuesday in an internal State Department e-mail, and was announced more widely after a reporter asked about it. The Economic Times of India reports that Pandith’s extended family in Kashmir is very proud of her new position.

Court Finds No Jurisidiction Over Defamation Claim By Priest

In Stepek v. Doe, (IL App., June 10, 2009), an Illinois Appellate Court held that civil courts have no jurisdiction over a suit brought by a Catholic priest alleging defamation and intentional infliction of emotional distress. The allegedly false statements were made only to Chicago Archdiocese personnel in connection with the Church's formal investigation of alleged sexual abuse by plaintiff. The court explained:

While it is possible that resolution of plaintiff’s claims would not require any interpretation of the Catholic Church’s doctrine, resolving this dispute would involve the secular court interfering with the Church’s internal disciplinary proceedings where plaintiff’s claims are based on the Does’ statements, which were provided solely within the Church’s proceedings.

(See prior related posting.)

Court Says School Board Invocations Governed By "Legislative Prayer" Standards

In John Doe # 2 v. Tangipahoa Parish School Board, 2009 U.S. Dist. LEXIS 53189 (ED LA, June 24, 2009), a Louisiana federal district court made important rulings of law in a challenge to a school-board's invocation policy, but denied both sides' motions for summary judgement. The court ordered a trial to determine whether the Tangipahoa Parish School Board's current policy of opening its meetings with prayer violates the Establishment Clause. Tangipahoa Parish has been involved in extensive litigation over school prayer for a number of years.

In this opinion, the court held that plaintiffs, attendees at school board meetings, have standing to bring the lawsuit. Second it concluded that the question of the propriety of the School Board's invocation policy is governed by the legislative prayer principles of Marsh v. Chambers, rather than the school-classroom prayer restrictions imposed by Lemon v. Kurtzman (despite the fact that students occasionally attend Board meetings). This still left open, in the court's view, the question of whether the School Board's policy "exploits the prayer opportunity to proselytize or advance Christianity, or to disparage other faiths or beliefs" and "whether the School Board has violated its own speaker selection policy by reaching outside the Parish to Christian clergy but not other clergy of other faiths." AP yesterday reported on the decision.

Trial Court Abused Its Discretion In Scope of Relief In Church Dispute

First Assembly of God Christian Center of Pittsburg, California v. Bridgeway, (CA Ct. App., June 24, 2009) involves, in the court's words, "a secular dispute dressed as a schism." At issue is the validity of the election of a board of directors and of Tim Combs as senior pastor of the church, here challenged through a summary proceeding under the non-profit provisions of California Corporations Code Sec. 9418. The Church operated on two campuses, and Combs' supporters wanted to separate one of the campuses and operate it under Combs' leadership. According to the court, "Counsel for both sides agreed that First Assembly was a 'sovereign' church, but disagreed as to whether the Board or the church members were empowered to ultimately resolve their dispute." The trial court had ordered that a new membership meeting be held and had issued seven mandates to stabilize the situation at the church pending the outcome of the meeting-- to be presided over by a court-appointed special master. On appeal, the Court of Appeals, in a 54-page opinion, held that:

most of the issues First Assembly raises do not implicate ecclesiastical matters and can be resolved by resort to neutral principles of law and the plain reading of First Assembly’s governing documents. We nonetheless conclude that the trial court abused its discretion in issuing the seven mandates First Assembly challenges, and vacate those portions of the court's order and remand this matter to the trial court for further proceedings consistent with this opinion.

British Appeals Court Says Jewish School's Admission Criteria Are Racial, Not Religious

In an important decision yesterday, the Court of Appeal of England and Wales held that an Orthodox Jewish school's admissions criterion that favors only children considered Jewish by the Office of the Chief Rabbi amounts to racial, rather than religious, discrimination. Faith schools receiving public funding are exempted from legal prohibitions on religious discrimination, but not racial discrimination. The school's rule thus was found to violate the Race Relations Act 1976.

E.R. (On the Application of E) v. The Governing Body of JFS, (Ct. App., June 25, 2009), involved a challenge by parents of a boy who was not admitted to the Jewish Free School because it refused to recognize the validity of his mother's conversion to Judaism conducted in a Progressive, rather than an Orthodox, synagogue. The court wrote:

The OCR considers that there are two essential ways in which a person may be or become a Jew. One is descent from parents whose own identity as Jews can be established or inferred. The other is by conversion in accordance with the tenets of Orthodox Judaism. ....

One of the great evils against which the successive Race Relations Acts have been directed is the evil of anti-Semitism. None of the parties to these proceedings wants or can afford to put up a case which would result in discrimination against Jews not being discrimination on racial grounds....

M was refused admission to JFS because his mother, and therefore he, was not regarded as Jewish.... There are of course theological reasons why M is not regarded as Jewish, but they are not the ground of non-admission: they are the motive for adopting it.....

it appears to us clear (a) that Jews constitute a racial group defined principally by ethnic origin and additionally by conversion, and (b) that to discriminate against a person on the ground that he or someone else either is or is not Jewish is therefore to discriminate against him on racial grounds. The motive for the discrimination, whether benign or malign, theological or supremacist, makes it no less and no more unlawful. Nor does the factuality of the ground. If for theological reasons a fully subscribed Christian faith school refused to admit a child on the ground that, albeit practising Christians, the child's family were of Jewish origin, it is hard to see what answer there could be to a claim for race discrimination.

The refusal of JFS to admit M was accordingly, in our judgment, less favourable treatment of him on racial grounds. This does not mean ... that no Jewish faith school can ever give preference to Jewish children. It means that, as one would expect, eligibility must depend on faith, however defined, and not on ethnicity.

Reporting on the decision, Politics.co says that the school will seek leave to appeal. British Chief Rabbi Sir Jonathan Sacks criticized the ruling, saying that the school's criteria have "nothing to do with race and everything to do with religion."

Senate Judiciary Committe Holds Hearing On Hate Crimes Bill

Yesterday, the U.S. Senate Judiciary Committee held hearings on the Matthew Shepard Hate Crimes Prevention Act of 2009 (S. 909). The Justice Department has released a transcript of Attorney General Eric Holder's testimony favoring the legislation. Transcripts of statements by committee members and other witnesses are available from the Judicary Committee's website. Among these witnesses was Dr. Mark Achtemeier, Associate Professor of Systematic Theology and Ethics, University of Dubuque Theological Seminary. He said in part:

Now some have worried that in passing this legislation we would be declaring illegal the considered religious opinions of many Americans who believe that homosexual behavior is contrary to the will of God. I will say to you that my own Presbyterian Church is passionately committed to preserving the right of all people to believe and follow their religious convictions freely without the interference of the Federal Government. If I believed for one minute that the effect of this bill was to curtail legitimate religious expression or observance, I would not touch it with a ten-foot pole.

But that is not the effect of this bill! Section 10 contains explicit language stating that "nothing in this Act shall be construed to prohibit any constitutionally protected speech, expressive conduct or activities." Those constitutional protections are effective. We have had federal hate crime legislation on the books for forty years in this country.... But not once in all of these forty years... have I ever seen someone brought up on charges solely because of something they said.

The Matthew Shepard Act targets not speech or thought or religious expression, but violent crime. We are talking here about physical assault on the person of another solely because of who they are. Violent attacks on another person are not a legitimate expression of anyone's religious belief, Christian or otherwise. There is nothing in this legislation for law-abiding Christians to fear.

German Government Adopts Suggestions For Muslim Accommodation In Schools

Reuters yesterday reported that the German government has reached agreement at the German Islam Conference with the country's largest Muslim community on recommendations for accommodating Muslim religious practices in public schools. Implementation is up to each of the German states. The recommendations include accommodating Muslim holy day observances, offering sex-segregated swim lessons and changing rooms, and furnishing parents more information about what is taught in sex education classes.

In Dispute With Defecting Church, Assemblies of God Held To Be Hierarchical

In Leach v. Johnson, (MI Ct. App., June 18, 2009), a Michigan Court of Appeals affirmed a trial court's decision holding that the Assemblies of God is an hierarchical religious organization and its decision to assert control over the property of the break-away Gospel Lighthouse Church in Warren, Michigan is binding upon the courts. The court concluded: "because Gospel Lighthouse subordinated itself to the authority of Assemblies of God, and because the Michigan District had ultimate control over Gospel Lighthouse's doctrine, status, and leadership, the trial court did not err when it determined that Assemblies of God is a hierarchical organization, thus precluding subject matter jurisdiction." [Thanks to Brian D. Wassom for the lead.]

Report Says FBI Will Use ISNA As Contact Point With US Muslim Community

IPT News yesterday reported that the FBI has decided to rely upon the Islamic Society of North America (ISNA) as its official point of contact with the American Muslim community. The move comes after the FBI earlier this year broke its ties with the Council on American Islamic Relations (CAIR) that had previously been its contact. (See prior posting.) The IPT News report objects to the FBI decision, arguing that ISNA has ties to the Muslim Brotherhood.

Court Says Revenue Bonds For Religious College OK Under Establishment Clause

In Gillam v. Harding University, (ED AK, June 24, 2009), an Arkansas federal district court held that the city of Searcy, Arkansas did not violate the Establishment Clause when it issued tax-exempt revenue bonds to finance construction of facilities at Harding University. The University is affiliated with the Churches of Christ. The bonds were issued under the Arkansas Public Facilities Board Act which allows the city to set up a special board as the bond issuer. The court concluded that the bond issuance did not have the primary purpose or effect of advancing religion, nor did it create excessive entanglement. Harding did not use the bond proceeds to finance facilities used for religious instruction or as a place of religious worship. The court said that it is irrelevant here whether or not Harding University is a pervasively sectarian institution. Finally the court also rejected challenges claiming the bond issuance violated Art. 12, Sec. 5 of the Arkansas Constitution that ban cities from obtaining money for any private corporation, and Amendment 65 to the state Constitution that sets out certain limits on the use of revenue bonds. Arkansas News Service yesterday reported on the decision.

Gov. Sanford's Press Conference and Wife's Response Contain Extensive Religious References

As a posting today at Get Religion points out, South Carolina Gov. Mark Sanford's press conference yesterday confessing to an extra-marital affair (transcript) and his wife's statement reacting to it (full text) include extensive religious references. From Gov. Sanford's long statement to the press:

I am here because if you were to look at God's laws, there are in every instance designed to protect people from themselves. I think that that is the bottom line with God's law -- that it's not a moral, rigid list of dos and don'ts just for the heck of dos and don'ts. It is indeed to protect us from ourselves.... That sin is in fact grounded in this notion of what is it that I want, as opposed to somebody else.

And in this regard, let me throw one more apology out there, and that is to people of faith across South Carolina, or for that matter, across the nation, because I think that one of the big disappointments when, believe it or not, I've been a person of faith all my life, if somebody falls within the -- the fellowship of believers or the walk of faith, I think it makes it that much harder for believers to say, "Well, where was that person coming from?" Or folks that weren't believers to say, "Where, indeed, was that person coming from?" So one more apology in there.

But I -- I guess where I'm trying to go with this is that there are moral absolutes, and that God's law indeed is there to protect you from yourself. And there are consequences if you breach that. This press conference is a consequence.

And from Mrs. Sanford:

Psalm 127 states that sons are a gift from the Lord and children a reward from Him. I will continue to pour my energy into raising our sons to be honorable young men. I remain willing to forgive Mark completely for his indiscretions and to welcome him back, in time, if he continues to work toward reconciliation with a true spirit of humility and repentance.

This is a very painful time for us and I would humbly request now that members of the media respect the privacy of my boys and me as we struggle together to continue on with our lives and as I seek the wisdom of Solomon, the strength and patience of Job and the grace of God in helping to heal my family.

AU Wants Justice Department To Revoke or Modify Questionable Grants

Americans United yesterday released a letter (full text) that it has sent to Attorney General Eric Holder challenging nine separate Juvenile Justice and Byrne Law Enforcement Assistance grants that were funded by the Department of Justice through Congressional earmarks in fiscal 2008. The letter asks that five of the grants-- involving drug prevention and at-risk youths-- be terminated. It asks that four others-- involving transitional housing, juvenile offenders, at-risk youth and funding of a medical building also housing a college chapel-- either be terminated or modified to include appropriate safeguards. The letter raises Establishment Clause questions about the nine grants, claiming that grantees are using federal funds for religious activities or that they engage in religious-based hiring in staffing the grant programs. The letter urges the Obama administration to revoke a 2007 memorandum from the Office of Legal Counsel concluding that requiring a grantee to comply with religious non-discrimination in hiring provisions of the Safe Streets Act would substantially burden its free exercise of religion in violation of the Religious Freedom Restoration Act. (See prior posting.)

Hindu Leader's Attempt To Modify Bail Conditions Rejected By Court

In Ex parte Prakashandand Saraswati, (TX Ct. App., June 24, 2009), a Texas appellate court rejected petition for a writ of habeas corpus filed by a prominent Hindu spiritual master and teacher who was attempting to obtain a modification of conditions imposed when he was released on bail after being charged with 20 counts of indecency with a child by contact. More specifically, prosecutors charged that between 1993 and 1996, Prakashandand Saraswati fondled the breasts of two minor girls.

Saraswati is the leader of the JKP-Barsana Dham movement. Its North American headquarters is in Texas. Originally his bail was conditioned on his having no unsupervised contact with children under 17, surrendering his passport, and remaining at least 200 yards from Barsana Dham property. In May 2008, Saraswati and the prosecutor filed a stipulation modifying conditions of his bond. His passport was returned to him, but he agreed to continue to stay away from the Barsana Dham property in Hays County (TX). Subsequently he filed another motion, and then a habeas petition, seeking to amend conditions of his bond further so he could return to Barsana Dham to live, practice his religion, and associate with the adults living there. He claimed that the original conditions violated his 1st Amendment freedoms of religion and association. The court concluded, however, that Saraswati is estopped from complaining about conditions that he had negotiated and agreed to. The Austin American-Statesman yesterday reported on the decision.

In Kenya, Evangelicals Oppose Proposal For Separate Kadhi Court System

Kenya's Daily Nation yesterday reported that the Evangelical Alliance of Kenya (EAK) has threatened to mobilize its Pentecostal members to vote against the country's draft constitution when it is put to a referendum, if drafters move ahead with plans to provide in the constitution for a separate set of Kadhi Courts for Muslims. Apparently earlier this week, Justice and Constitution Affairs Minister Mutula Kilonzo assured the Supreme Council of Kenya Muslim that the Kadhi Courts would be created as a system separate from the remaining judiciary. EAK argues, however, that freedom of religion, belief and opinion means that each religion should manage its own institutions and the state should avoid supporting religious dispute resolution. (See background on Kenyan Constitution reform.)

Orthodox Church Will Aid Russian Authorities In Pursuing Debtors

AFP reported yesterday that Russia's Federal Bailiffs' Service is working with the Russian Orthodox Church to shame debtors and those delinquent in their alimony payments into paying up. On Sunday, the Church and FBS signed an agreement under which priests will use their "spiritual influence" to convince debtors that not paying back what is owed is equivalent to theft. FBS is also working with Buddhist and Muslim representatives in other areas of Russia to obtain similar cooperation in shaming debtors into meeting their obligations.

Rubashkin-- On Bail-- Can Leave Iowa For Trip To Mark Rebbe's Death

In January, an Iowa federal district court judge released Agriprocessors kosher meat packing executive Sholom Rubashkin on bail. However he was to remain in Allamakee County, Iowa, until his trial on a 142-count federal indictment charging him with harboring illegal workers, bank fraud and money laundering. (See prior related posting.) Yesterday, however, according to the Des Moines Register, the court gave Rubashkin-- a prominent member of the Chabad-Lubavitch movement-- permission to leave the state for a two-day religious trip to New York. Rubashkin, who will be accompanied by a friend, will be tracked by GPS while he is away. The occassion for the trip is a celebration of the 15-year anniversary of the death of Chabad sage, Rebbe Menachem Mendel Schneerson. Tens of thousands are expected to attend the event.

New Nixon Tapes Reveal Comments About Anti-Semitism

The New York Times reports that yesterday the Nixon Presidential Library released an additional 150 hours of tapes and 30,000 pages of documents. Among the audio tapes was a 1973 Nixon telephone conversation with Rev. Billy Graham. (MP3 file of conversation.) During the conversation, Graham complained about Jewish leaders-- particularly Rabbi Marc Tannenbaum-- who were opposing "Key '73", an evangelical outreach, as well as Campus Crusade. The Times quotes these remarks by Nixon from the conversation:

Anti-Semitism is stronger than we think. You know, it’s unfortunate. But this has happened to the Jews. It happened in Spain, it happened in Germany, it’s happening — and now it’s going to happen in America if these people don't start behaving. ... It may be they have a death wish. You know that’s been the problem with our Jewish friends for centuries.

ACLU Sues Federal Prison To Get More Group Prayer Times for Muslim Inmates

Last week, the ACLU filed suit in an Indiana federal district court challenging the policy at a federal prison unit in Terre Haute (IN) that limits group prayer by Muslim inmates to one hour per week on Fridays. AP reported yesterday that the lawsuit, brought under the Religious Freedom Restoration Act, focuses on the high security Communications Management Unit where 30 of the prison's 40 Muslim inmates are housed to control their contacts with outsiders. The two plaintiffs were convicted of crimes related to supporting Islamic military groups. The lawsuit says that prisoners are allowed out of their cells for other group activities, such as watching TV or playing cards, but cannot engage in group prayer. The suit asks the court to reinstate a former policy that allowed daily group prayer in the unit's multipurpose room.

South Bend Bus System Bans Future Ads Promoting Churches

Last month, the South Bend, Indiana bus system, Transpo, agreed to accept an ad from the Indiana Atheist Bus Campaign. The bus ad read: "You Can Be Good Without God." (See prior related posting.) Now that the month long contract to run that ad has expired, Transpo's board of directors on Monday adopted a new policy on acceptable ads. In the past, its rules merely allowed it to reject "controversial" ads. Concerned about the breadth of that standard, the new rules instead prohibit ads promoting cigarettes, churches, politicians, guns or pornography. Monday's South Bend Tribune and Tuesday's Examiner report on the Transpo board's action. [Thanks to Scott mange for the lead.]

UPDATE: Thanks to Bob Ritter, here is the full text of Transpo's new advertising policy. The new policy bans 13 types of ads, including ads that contain "any reference to a religion, creed, denomination, tenet, deity, belief, cause or social issue." The Preamble to the policy sets out a long series of reasons for the exclusions, including Establishment Clause concerns and preventing drivers from being placed in the position of having to operate a bus carrying ads that violate their moral or religious beliefs.

Obama Urged To Raise Human Rights, Religious Freedom At Russian Summit

President Barack Obama will travel to Moscow on July 6 to 8 for a summit meeting with Russian President Dmitry Medvedev. A White House announcement of the trip released last month indicated that it will focus on arms control, as well as business ties between the countries. Many others want President Obama to also focus on human rights abuses in Russia. Yesterday, Congressional leaders of the U.S. Helsinki Commission wrote the President (press release and full text of letter) urging him to raise concerns about religious and press freedoms in Russia. In particular, they urged focus on Russia's suppression of Jehovah's Witnesses, and return of a library of sacred Jewish texts to Agudas Chasidei Chabad from whom they were seized in the 1920's. (See prior related posting.) Meanwhile Human Rights First yesterday announced that it had written the President urging him to express concern to Russian leaders over the sharp rise in violent hate crimes in Russia. (Full text of letter.)

UPDATE: Human Rights First has made available online its 2008 Hate Crime Survey examining violent hate crime in OSCE countries.

Village and Church Settle Litigation Over Rental Fees For Municpal Building Room

A consent decree (full text) has been entered settling Forest Area Bible Church v. Fife Lake Village Council, (WD MI, June 23, 2009). In the case, a local church challenged the rental fee schedule imposed by the village of Fife Lake (MI) for use of a meeting room in its Municipal Building. The village allowed community organizations and service groups to use the room without charge, but charged a rental fee to private non-profit groups such as the church. (See prior posting.) Under the settlement, the church will be permitted to use the facility through April 2010 for a discounted rental fee of $20 per month. After that, it will pay the same rate as all other non-profit groups under what is apparently a revised fee schedule. The village also agreed to pay the church $1765 to reimburse the church for discriminatory rental amounts it paid in the past and for its legal fees and costs. Alliance Defense Fund issued a press release announcing the settlement.

En Banc Review Sought In 10 Commandments Case

Yesterday's Tulsa World reports that Haskell County, Oklahoma commissioners are asking the U.S. 10th Circuit Court of Appeals to grant en banc review in Green v. Haskell County Board of Commissioners. A 3-judge panel of the 10th Circuit in the case earlier this month held that display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violates the Establishment Clause. (See prior posting.)

New Indian Goverment Reportedly Will Move To Repeal Anti-Conversion Laws

Last month, Manmohan Singh was sworn in as the new prime minister of India. Yesterday's Christian Post reports that the new government has pledged it will repeal anti-conversion laws currently in effect in five states. Home Minister P. Chidambaram will review existing legislation and make recommendations for future action. Passed supposedly to get at religious conversions induced by fraud, force or allurement, the laws, according to Christians, have been used to arrest Church leaders on trumped up charges.

Germany's Interior Ministry Surveys Muslims

Germany's Interior Ministry yesterday released a survey of Muslims that it has recently funded. According to M&C, the study shows that approximately 4 million individuals (5% of Germany's population) are Muslim. About 45% of these individuals hold German citizenship. 75% of those polled want classes in Islam in public schools on the same basis that Christian children are offered religion classes. Some 7% of Muslim school girls skip swim classes, and 10% skip overnight school trips, because single-sex arrangements are not made available. Hamburg's Local says that Interior Minister Wolfgang Schäuble wants to move toward recognition of Islam as an official religious community in Germany. He expressed regret that no invitation was extended to the Muslim community to participate in last month's celebration of the 60th anniversary of the German Constitution.

Group Complains About Use Policy of Navy Website

Yesterday Liberty Counsel released a letter (full text) it has sent to Navy Secretary Ray Malbus complaining about restrictions imposed by the administrator of a website, Navy for Moms. The website, which includes discussion forums, was set up by the Navy-- through an outside contractor-- to provide support and interactive communication for mothers of those in the Navy and those considering enlisting. Recently its guidelines were amended to prohibit the posting of religious discussions or the creation of religious discussion groups. This followed an incident in which the administrator of the website told a user who created a discussion forum called "Christian Chat" that she must change the group's name because it was too divisive. Liberty Counsel's letter argues that this amounts to viewpoint discrimination in a designated public forum, and that users of the website cannot violate the Establishment Clause by their postings since they are not governmental actors.

Ski Resort Settles Religious Discrimination Charges By EEOC

The EEOC announced yesterday that Vail Corp., a ski resort, has settled a religious and gender discrimination lawsuit. Under the settlement, the company will pay former employee Lisa Marie Cornwell, $80,000 in damages, and will provide training for its employees on religious accommodation, harassment and retaliation. Among the charges against Vail were that: "Cornwell's supervisor, Rick Garcia, forbade her and another Christian employee from even discussing their Christian beliefs with one another while at work, and would not allow them to listen to Christian music while on duty, because it might offend other employees, but had no similar restrictions on music with profanity or lyrics promoting violence against women, which were offensive to Cornwell. Additionally ... Garcia ridiculed Cornwell for asking for scheduling accommodation so that she could attend her preferred religious services, and denied her requests while scheduling lower ranking officers for the shifts she requested."

Library Room Use Policy Violates Establishment Clause

In Faith Center Church Evangelistic Ministries v. Glover, (ND CA, June 18, 2009), a California federal district court held that a policy of Contra Costa County (CA), that opens county library meeting rooms for use for many educational, cultural and community activities, but not for religious services, violates the Establishment Clause. Previously, the 9th Circuit had held that the exclusion does not violate the free speech protections of the 1st Amendment. (See prior posting.) Now, however, on remand the district court concludes that the policy violates the excessive entanglement prong of the Lemon test. It concludes that it is likely "the County would be called upon to inquire into religious doctrine in order to determine whether a particular activity qualified as a religious service." The court issued an injunction against enforcement of the policy, to take effect July 6. However it dismissed damage claims against various individual defendants on the basis of immunity. Yesterday's Contra Costa Times reported on the decision, as did a release from the Alliance Defense Fund.

"Prayer Station" Inside City Hall Is Questioned

In Warren, Michigan, The Tabernacle, a Church of God congregation, has set up a "Prayer Station" inside city hall. The city makes space inside the building available to any non-profit free-of-charge. Similar stations have been set up elsewhere around the city. Today's Detroit News reports that the Freedom from Religion Foundation is nevertheless concerned about the city's not visibly dissociating itself from the prayer booth. It has asked for further information about the city's arrangement with the church. Church volunteers staff the prayer booth, taking down the first name of each person who visits, and asking the person to call or e-mail the church when his or her prayer is answered.

Australian Sikh Files Complaint Over Helmet Requirement To Take Motorcycle License Test

In Australia, a 21-year old Sikh man, Mandeep Singh, has filed a complaint with the Western Australia Equal Opportunity Commission because he was not allowed to take the state test for a motorcycle license without wearing a helmet. Today's West Australian reports that the state's Department of Planning and Infrastructure no longer exempts Sikhs from the helmet requirement. For religious reasons, Sikhs do not remove their turban, nor will they wear a helmet over it.

In Israel, Court Hears Suit By Messianic Congregation Against Beersheba's Chief Rabbi

Today's Jerusalem Post reports on a trial held Sunday in Israel in the Beersheba Magistrate's Court in a suit by a Messianic Jewish congregation against Beersheba's chief rabbi and the Jewish anti-missionary group, Yad L'Achim. The Nachlat Yeshua Messianic Congregation said that in 2007, hundreds of Orthodox Jews held a demonstration without a permit, broke into their church compound, attacked worshipers, broke furniture and held their own prayer service, until police removed the demonstrators three hours later. Apparently Rabbi Yehuda Deri organized the demonstration after being inaccurately told by Yad L'Achim that 10 bus loads of Jewish children were being taken to the church to be baptized. Apparently only two individuals, both over 18, were to be baptised that day.

Recent and Forthcoming University Press Books of Interest

U.S. Religious History and Politics:

• Winnifred F. Sullivan, Prison Religion: Faith-Based Reform and the Constitution , (Princeton Univ. Press, 2009).
• James M. O'Toole, The Faithful: A History of Catholics in America, (Belknap Press, Nov. 2009).
• Moshik Temkin, The Sacco-Vanzetti Affair: America on Trial, (Yale University Press, April 2009).
• Shayne Lee & Phillip Luke Sinitiere, Holy Mavericks: Evangelical Innovators and the Spiritual Marketplace, (NYU Press, April 2009).
• Hasia R. Diner, We Remember with Reverence and Love: American Jews and the Myth of Silence after the Holocaust, 1945-1962, (NYU Press, April 2009).

Europe, Asia and the Middle East:

• Alan E. Steinweis, Kristallnacht 1938, (Belknap Press, Nov. 2009).
• Rebecca Nedostup, Superstitious Regimes: Religion and the Politics of Chinese Modernity, (Harvard East Asian Monographs, Nov. 2009).
• Benjamin J. Kaplan, Divided by Faith: Religious Conflict and the Practice of Toleration in Early Modern Europe, (Belknap Press, Oct. 2009).
• Robert Garland, Introducing New Gods: The Politics of Athenian Religion, (Cornell University Press, 2009).
• Ali A. Allawi, The Crisis of Islamic Civilization, (March 2009, Yale University Press).
• Thomas Brudholm & Thomas Cushman (eds.), The Religious in Responses to Mass Atrocity: Interdisciplinary Perspectives, (Cambridge University Press, Feb. 2009).

Mousavi Letter Includes Analysis of Relation of Islam To Democracy

In Iran on Saturday, opposition leader Mir Hossein Mousavi published a letter to the Iranian people on his website, continuing to challenge the results of last week's presidential election. (Full text of letter in translation from Juan Cole's Informed Comment blog.) The letter includes these comments on the relationship of Islam to democracy in Iran:

If the very large magnitude of the cheating and vote-rigging, which has fueled popular discontent, is cited as proof of the absence of cheating, then the Republic is headed for the slaughterhouse, and the allegation that Islam and republicanism are contradictory will have been proven.... Such a fate will gladden two groups.

One group, from the beginning of the Revolution, had fortified itself against the Leader [Ayatollah Khomeini]. It insisted that an Islamic government must be run like the dictatorship of the righteous. Adherents of this group, in their defunct thinking, surmised that they could drag people to paradise by force. The second group were those who, under the guise of defending the people’s rights, declared religion and Islam contradictory to a republican form of government.

The Leader [Khomeini] maneuvered astutely to neutralize the sorceries of these two groups. Relying on the path of the Leader [Khomeini], I came to neutralize the sorcerers who have resurfaced since then.

School District Incurs High Legal Fees In Unsuccessful Defense of Prayer Lawsuit

Today's Pensacola (FL) News Journal reports that the Santa Rosa County (FL) School District ran up nearly $200,000 in legal fees defending a lawsuit against it challenging prayer and religious activities in the schools. The lawsuit was settled in March, with the school district agreeing to give up the practices. (See prior posting.) However contempt proceedings against a school employee for violating the decree are still pending. (See prior posting.) The school district may also need to pay at least some $250,000 in fees incurred by the ACLU. The school district's insurance company will cover part of the costs. In something of an understatement, School District Superintendent Tim Wyrosdick said: "It's not where I would have placed that amount of money, but it was what it was." The school district already faces budget shortfalls that are leading to cuts in program, staff and teachers.

Paper Publishes Long Expose On Tactics Used By Church of Scientology

Today's St. Petersburg (FL) Times runs the first of a 3-part series on the Church of Scientology, revealing significant new insights into the organization's operations. The series is based on interviews with four former executives of the Church who later defected. Today's article traces the rise to power of the current leader of Scientology, David Miscavige. After the 1986 death of Scientology founder L. Ron Hubbard, he cemented his control by obtaining possession of Hubbard's last writings through a ruse. He told his rivals for control, Pat and Annie Broeker, that the FBI was about to raid their ranch and take the papers. They turned the papers over to a Miscavige supporter.

The article claims that "physical violence permeated Scientology's international management team. Miscavige set the tone, routinely attacking his lieutenants."

One of the most interesting parts of today's long article is the account of Scientology's efforts-- ultimately successful in 1993-- to regain its tax exempt status from the IRS. The IRS had revoked the Church's 501(c)(3) exemption in the 1960's, arguing that it was a commercial enterprise. Hubbard unsuccessfully attempted to regain it through infiltrating the IRS, copying documents and withholding tax payments. (Background.) Miscavige used a new strategy, described at length by the Times:

Overwhelm the IRS. Force mistakes. The church filed about 200 lawsuits against the IRS, seeking documents to prove IRS harassment and challenging the agency's refusal to grant tax exemptions to church entities. Some 2,300 individual Scientologists also sued the agency, demanding tax deductions for their contributions....

The church ratcheted up the pressure with a relentless campaign against the IRS.
Armed with IRS records obtained under the Freedom of Information Act, Scientology's magazine, Freedom, featured stories on alleged IRS abuses: lavish retreats on the taxpayers' dime; setting quotas on audits of individual Scientologists; targeting small businesses for audits while politically connected corporations were overlooked. Scientologists distributed the magazine on the front steps of the IRS building in Washington.

A group called the National Coalition of IRS Whistleblowers waged its own campaign. Unbeknownst to many, it was quietly created and financed by Scientology.... They also knew the other side was hurting. A memo obtained by the church said the Scientology lawsuits had tapped the IRS's litigation budget before the year was up....Another memo documented a conference of 20 IRS officials in the 1970s. They were trying to figure out how to respond to a judge's ruling that Scientology met the agency's definition of a religion. The IRS' solution? They talked about changing the definition. .... Rathbun says that contrary to rumor, no bribes were paid, no extortion used. It was round-the-clock preparation and persistence — plus thousands of lawsuits, hard-hitting magazine articles and full-page ads in USA Today criticizing the IRS. "That was enough," Rathbun said. "You didn't need blackmail."

Miscavige says that the defectors who provided information for the series are liars and are attempting to stage a coup to seize control of the Church. Additional installments in the newspaper's series will appear tomorrow and Tuesday. Those installments, along with additional material already available, will be linked here.

Nigerian Court Asked To Enjoin Rival From Forcing Plaintiff To Swear An Oath

In Nigeria, a merchant, Ugochukwu Ugwoegbu, has filed an unusual case in the Ikeja High Court. According to a report yesterday in Next, Ugwoegbu claims that after serving as an apprentice with Ojimba Nnanna for nine years, he left and started his own business. Nnanna is upset at Ugwoegbu's success and claims that he stole money to invest to start up his competing enterprise. The lawsuit claims that Nnanna is conspiring with police and a clergyman to force him "to swear to an oath at an occult home." He seeks an injunction from the court to prevent police arresting him or his being forced to swear an oath, claiming that this violates his freedom of thought, conscience and religion which is protected under Sec 38 of Nigeria's constitution.

Recent Prisoner Free Exercise Cases

In Desimone v. Bartow, 2009 U.S. Dist. LEXIS 48689 (ED WI, June 10, 2009), a Wisconsin federal district court rejected an inmate's claims that his free exercise rights protected by RLUIPA were infringed when authorities seized various journals and documents written in Atlantean. The court held that while plaintiff's "religious conscience may impel him to separate himself from his peers ... through writing in an alien alphabet, he has failed to ... show that the proscription on writing in Atlantean creates a substantial burden on his right to exercise his religion. Further ... the policy prohibiting writing in Atlantean is the least restrictive means available to advance a compelling governmental interest."

In Elock v. Trancoso, 2009 U.S. Dist. LEXIS 49731 (CD IL, June 15, 2009), an Illinois federal district court dismissed for failure to exhaust administrative remedies an inmate's complaint that authorities searched her cell and threw away two of her prayer books. The court also expressed doubt that plaintiff could show a violation of her constitutional rights.

In Levy v. Holinka, 2009 U.S. Dist. LEXIS 49586 (WD WI, June 11, 2009), a Wisconsin federal district court permitted an inmate who followed the Hebrew Israelite faith to move ahead with free exercise, RFRA, establishment clause and equal protection challenges to federal prison authorities' refusal to permit him to observe his high holidays and to wear a kufi.

In Fletcher v. Vandyne, 2009 U.S. Dist. LEXIS 49877 (SD OH, June 11, 2009), an Ohio federal magistrate judge dismissed, for lack of evidence, an inmate's claim that prison authorities violated RLUIPA when they refused to serve him non-pork based products several times in the same week.

French Legislators Want Investigation of Wearing Of Burqas

Reuters reported on Friday that in France, nearly 60 legislators have asked a Parliamentary commission to investigate the spread of the practice of women wearing the burqa in France. If the investigation shows that women are being coerced into wearing the religious full face and body covering, Parliament may ban burqas in the country in order to protect individual freedoms.

UPDATE: On Monday (June 22), French President Nicolas Sarkozy, as part of a speech to Parliament, added his support to creation of a commission to study the burqa and ways to prevent its spread. Monday's New York Times reports that Sarkozy characterized the issue as one of freedom and women's dignity. Under recent reforms, the speech was the first by a French president to Parliament since 1875.

Khamenei Sermon Defends Iran's Theocracy, Criticizes US Religious Freedom Record

Friday's now-famous sermon in Iran by Supreme Leader Ayatollah Ali Khamenei on the Iranian election results contained less-reported passages defending Iran's theocratic form of government and criticizing the religious freedom record of the United States. Here, from the full text in English translation (via Juan Cole), are excerpts on religion and state:

These elections showed our religious democracy to the entire world. All those people who are ill-wishers towards the system witnessed what religious democracy really is.

This is a third way different from dictatorships and tyrannical systems on the one hand and democracies removed from spirituality and religion on the other. This is religious democracy. This is what attracts the hearts of people and brings them to the center of the arena, and it just passed its test. That was one point about the election....

In the US, in a Democrat administration, when the husband of this lady who is making comments (Khamene'i refers to Bill Clinton) was in charge, more than 80 people, members of the [Branch] Davidian sect were burned alive. They cannot deny it. Democrats did it. The Davidian sect angered the American government for some reason. The followers of the Davidian sect were staging a sit-in protest in a house. The authorities asked them to come out. The Davidians refused. More than 80 men, women and children were burned alive in this house. The Americans have no understanding of human rights.

I think the American officials should take it upon themselves feel ashamed. The Islamic Republic is the flag-bearer of human rights. The way we defend the suppressed people of Palestine, Lebanon, Iraq and Afghanistan shows our commitment. It shows the human rights flag is flying high in Iran. We do not need the advice of others on human rights. That was my take on the election.

Appeals Filed In Valedictorian Speech, Montana Law School CLS, Cases

Two appeals of interest have recently been filed. On Thursday, a petition for certiorari (full text) to the U.S. Supreme Court was filed in McComb v. Crehan. In the case, the U.S. 9th Circuit Court of Appeals upheld the action of Clark County, Nevada school officials in cutting off the microphone at high school graduation ceremonies when the class valedictorian departed from her approved speech and began reading from a version that contained religious and Biblical references. Rutherford Institute has issued a press release on the filing. (See prior posting.)

Also on Thursday, an appeal was filed with the U.S. 9th Circuit Court of Appeals in Christian Legal Society v. Eck. (Full text of Notice of Appeal.) In the case, a Montana federal district court upheld application of the University of Montana Law School's non-discrimination and open-membership policies for recognized student groups to the Christian Legal Society. (See prior posting.) The Alliance Defense Fund issued a release announcing the appeal.

Obama Speaks At Hispanic Prayer Breakfast

President Obama this morning spoke at the Esperanza National Hispanic Prayer Breakfast held at Washington's JW Marriott Hotel. (Full text of remarks.) He said in part:

At a time when there's no shortage of challenges to occupy our time, it's even more important to step back, and to give thanks, and to seek guidance from each other -- but most importantly, from God. That's what we've come here to do.

We can begin by giving thanks for the legacy that allows us to come together. For it was the genius of America's Founders to protect the freedom of all religion, and those who practice no religion at all. So as we join in prayer, we remember that this is a nation of Christians and Muslims and Jews and Hindus and non-believers. It is this freedom that allows faith to flourish within our borders. It is this freedom that makes our nation stronger.

For those of us who draw on faith as a guiding force in our lives, prayer has many purposes. For many, it is a source of support when times are hard.... But prayer is more than a last resort. Prayer helps us search for meaning in our own lives, and it helps us find the vision and the strength to see the world that we want to build.

In his remarks, he indicated his commitment to passing comprehensive immigration reform, and also made reference to his recent nomination of Judge Sonia Sotomayor to the U.S.Supreme Court.

Texas High Court Says State RFRA Applies To Zoning Restrictions

Today in Barr v. City of Sinton, (TX Sup. Ct., June 19, 2009), the Texas Supreme Court held that the strict scrutiny standard in the Texas Religious Freedom Restoration Act applies to zoning ordinances. It went on to hold that the city of Sinton's ordinance that banned correctional or rehabilitation facilities within 1000 feet of residential areas, schools, parks or places of worship infringed the rights of a halfway house for recently released prisoners operated by a religious ministry. The ordinance effectively barred the halfway house from the entire city. In response to the city's argument that plaintiffs' free exercise of religion was not involved, the court said: "the fact that a halfway house can be secular does not mean that it cannot be religious." [Thanks to Douglas Laycock via Religionlaw for the lead.]

Chaplain Resigns After In-Jail Bar Mitzvah Party Disclosed

On Wednesday, the Forward reported that Satmar Rabbi Leib Glanz has resigned as a New York prison chaplain after it was disclosed that he helped a Jewish prison inmate throw a lavish Bar Mitzvah party inside the Manhattan Detention Center. The party was for the son of Tuvia Stern, a fellow Satmar, who is in jail at "the Tombs" on charges of bank fraud and fleeing the country. Catered kosher food and silverware were brought into the prison gym where the party was held, and as entertainment a popular Hasidic singer performed for the Bar Mitzvah guests. The article reports that Rabbi Glanz has a history of wielding political influence to obtain funding and political good will for Satmar institutions. Corrections Department chief Peter Curcio, who was in charge of jail security, also resigned in the wake of disclosures about the in-jail Bar Mitzvah party.

Church Sues Florida School Board Over Flyer Policy

In Fort Myers, Florida, the Cypress Wood Presbyterian Church this week filed a federal lawsuit against the Collier County School Board challenging its policy on distribution of flyers in schools. The complaint (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, filed 6/17/2009), alleges that Board policy permits non-profit groups to make flyers available to students to promote cultural, community, charitable, recreational, and education-related activities. However, flyers publicizing religious events may not contain proselytizing messages and may not overtly advocate support for a religious organization. The school district refused to permit plaintiff to distribute flyers promoting its Vacation Bible School. The lawsuit claims that the refusal violates plaintiff's 1st Amendment speech and free exercise rights, its 14th Amendment equal protection and due process rights, and Florida's Religious Freedom Restoration Act. Alliance Defense Fund issued a release announcing the filing of the case.

Civil Rights Group Issues New Report On Hate Crimes

The Leadership Conference on Civil Rights has recently issued a 48-page report titled Confronting the New Faces of Hate: Hate Crimes in America 2009. The report is an update of a similar one issued in 2004. It emphasizes that "the number of hate crimes committed against Hispanics and those perceived to be immigrants has increased each of the past four years for which FBI data is available, and hate crimes committed against individuals because of their sexual orientation has increased to its highest level in five years." Portions of the report also focus on hate crimes against religious minorities: Jews, Muslims and Sikhs. The Executive Summary says in part:

Fear and vilification of immigrants has combined with the worst economic downturn in decades and the election of the first African-American president to cause a surge in the activity of white supremacist groups.... Extremists have taken advantage of the Internet and new technologies to recruit new members and promote their bigoted ideology. Whereas hate mongers once had to stand on street corners and hand out mimeographed leaflets to passersby, extremists now use mainstream social networking sites such as MySpace or Facebook to access a potential audience of millions — including impressionable youth.

[Thanks to Michael Lieberman for the lead.]

Old Abuse Claim Filed By Cardinal O'Connor's Nephew

Taking advantage of a Delaware 2-year statute of limitations window to file old clergy abuse claims, 31-year old Rich Green, a nephew of the late New York Cardinal John O'Connor, has filed suit against the Oblates of St. Francis de Sales. Today's Philadelphia Inquirer reports that the abuse occurred over a 6-month period when Green was 14. The suit alleges that the late Rev. John M. McDevitt, a teacher at Philadelphia's at Northeast Catholic High School who knew that Green was O'Connor's nephew, threatened to fail Green in his religion course if he did not go along with the abuse. He also threatened to injure Green if he reported the abuse. The abuse caused Green to turn away from his religion. The suit can be brought in Delaware because the Oblates sent McDevitt to Philadelphia from Delaware knowing of his sexual abuse history.