FCC Change In TV Rules Impacts Many Church Wireless Microphone Systems

According to an ABP report yesterday, many churches will be surprised to learn that they have been affected by the Federal Communications Commission's decision requiring television stations, as of June 12, to end analog broadcasts. As part of the conversion, all stations were required to move to channels 2 through 51-- something made possible by the improved efficiency of digital transmissions. That allowed the FCC to also reallocate the 700 MHz wireless spectrum that had previously been used primarily for UHF channels 52 through 69. The lower half of the 700 MHz band was auctioned off to various telecommunications companies, while the upper half was reserved for a public safety network to be used by law enforcement, fire and safety forces and municipalities. (Background from Wikipedia.)

The problem is that many church sound systems operate in the 700 MHz range. That means that there may well be interference in some locations. Also these churches are apparently acting illegally in continuing to operate their systems. As explained in a posting last year on Geeks&God, the FCC adopted rules in late 2008 to allow the unlicensed use of "white spaces" between TV stations below 698 MHz. (FCC News Release, Nov. 4, 2008). However as of Feb. 17, 2009, wireless microphones using higher frequencies were to cease operating. Manufacturers no longer sell wireless microphone systems in the 700 MHz range and they offer discounts to churches that trade in their old systems for new ones in permitted ranges.

Groups Oppose Expansion of Virginia Islamic Saudi Academy

The Fairfax County, Virginia Board of Supervisors held a public hearing yesterday on the proposed expansion of the campus of the Islamic Saudi Academy. The controversial college and preparatory school has close ties with the Saudi government. Fox News reported yesterday that a coalition of around ten groups oppose the expansion. The spokesman for one of those groups, James Lafferty, chairman of the Virginia Anti-Shariah Task Force (VAST), says as to his group's opposition: "We're opposed to the operation of the Islamic Saudi Academy because it teaches and practices Shariah law. Shariah law is anti-constitutional and we feel that it is the ultimate improper land use here in the state where the Constitution was created." Others object because one of the Academy's graduates was convicted of joining Al Qaeda and plotting to assassinate President Bush, while another was arrested for boarding a plane carrying a kitchen knife. (See prior related posting.)

Lawsuit In Egypt Seeks To Rescind Prize Given To Controversial Writer

In Egypt, supporters of the Muslim Brotherhood have filed a lawsuit seeking to have the Ministry of Culture's State Award of Merit in Social Sciences withdrawn from author Sayed al-Qimni. Al Arabiya today reports that opponents object that: "His works deride Islam and he is skeptical about the message of Prophet Mohamed." Lawyer Nabih al-Wahsh who filed the suit has also called for impeachment of the Minister of Culture Farouk Hosni for approving the choice of Qimni. Previously a court ruled against attempts to ban Qimni's book Rab Haza al-Zaman (A God of this Age) by those who claimed it contained apostasy. Quimni has argued that Islam is a political system rather than a religion.

Russian Orthodox Church Gets New Power To Preview Duma Legislation

The Moscow Times reported last week that the Russian Orthodox Church will now be consulted in advance by United Russia deputies in the lower house of legislature so it can preview all legislation that will be considered by the State Duma. The agreement came after Russian Orthodox Patriarch Kirill conferred with two senior United Russia deputies over the Duma's ratification in May of the European Social Charter. Approval was required as part of Russia's membership in the Council of Europe. Krill objects to interpretations of provisions in the document that require public schools to offer sex education and require the creation of juvenile justice systems aimed at deterring youth from committing crimes. (Case Law Fact Sheet). Krill believes that parents, not the government, should be responsible for sex education and for discipline of their children.

World Football Regulator Warns Brazil's Team Over Religious Slogans On T-Shirts

FIFA, world football's governing body, has sent a warning letter to the Brazilian football federation after their players wore T-shirts with Christian slogans during the finals of the Confederations Cup last month. Apparently the T-shirts were under their jerseys, and were displayed after the game in victory photos. Yesterday's London Mail reports that most members of the Brazilian team are Pentecostalists with strong Christian beliefs. FIFA's Laws of the Game set out an interpretation of Law 4:

Players must not reveal undergarments showing slogans or advertising. The basic compulsory equipment must not have any political, religious or personal statements. A player removing his jersey or shirt to reveal slogans or advertising will be sanctioned by the competition organiser. The team of a player whose basic compulsory equipment has political, religious or personal slogans or statements will be sanctioned by the competition organiser or by FIFA.

[Thanks to Scott Mange for the lead.]

Recent Articles of Interest

From SSRN:

• Amos N. Guiora, Religious Extremism: A Fundamental Danger, (South Texas Law Review, Vol. 50, No. 743, 2009).

From SmartCILP and elsewhere;

• Casey Luskin, Does Challenging Darwin Create Constitutional Jeopardy? A Comprehensive Survey of Case Law Regarding the teaching of Biological Origins, 32 Hamline Law Review 1 (2009).
• Don Ellinghausen, Jr., "In Standing Is the Preservation of His World": Justice Scalia and the Varieties of Natural-Religious Experience, 16 Missouri Environmental Law & Policy Review 474-520 (2009).
• Kent Greenawalt, The Rule of Law and the Exemption Strategy, 30 Cardozo Law Review 1513-1534 (2009); Marci A. Hamilton, A Response to Professor Greenawalt, 30 Cardozo Law Review 1535-1543 (2009).
• Andrew P. Morriss & Benjamin D. Cramer, Disestablishing Environmentalism, 39 Environmental Law 309-396 (2009).
• David M. Smolin, The Civil War As a War of Religion: A Cautionary Tale of Enslavement and Emancipation, 39 Cumberland Law Review 187-237 (2008-2009).
• Manisuli Ssenyonjo, Limits On the Freedom To Manifest One's Religion In Educational Institutions in Uganda and the United Kingdom [Abstract], 7 I.Con: International Journal of Constitutional Law 275-305 (2009).
• Religion in the Workplace. [Full text of all articles.] Foreword by Fouad A. Riad; articles by Kenneth D. Wald, Lorne Sossin, Francois Gaudu, Achim Seifert, Nurhan Sural, Mark Freedland, Lucy Vickers and William W. Van Alstyne; afterword by Alain Supiot. 30 Comparative Labor Law & Policy Journal 465-653 (2009).

Catholic Chaplains Complain About California's Proposed Lethal Injection Protocol

On June 30, the California Department of Rehabilitation and Corrections held a hearing on its Proposed Regulations on lethal injections (full text). Executions in California were suspended in 2006 after a federal district court in Morales v. Hickman raised questions about whether California's protocol for executions created too great a risk of extreme pain. Media coverage immediately after the June DRC hearings indicated that much of the testimony focused on broad opposition to capital punishment. (Los Angeles Times.) However on Friday, Tidings carried an article outlining a narrower objection to the proposed new regulations raised by Catholic prison chaplains.

The proposed regulations require that 45 days before execution:

3349.3.1(e) The Chaplain shall:
(1) Interview the inmate to assess the inmate’s spiritual and emotional well-being.
(2) Determine the inmate’s religious preferences and needs, next of kin, funeral or other requests, attitudes or thoughts on death and dying, and note any observations regarding the inmate’s emotional stability such as acceptance of the sentence of death.
(3) Formulate these observations into a written report and submit it to the Warden within sufficient time to meet the Warden’s 20-day report deadline.

Then ten days before execution:

3349.3.3(f) The Chaplain shall deliver a written report to the Warden regarding the emotional state of mind of the inmate. These observations shall be limited to contacts made within three days preceding preparation of the report.

Chaplains are concerned that these requirement may call for them to reveal information received in confidence from the prisoner which currently is protected by the clergy-penitent privilege.

Rights Group Says Arrest By Saudi Religious Police Led To Honor Killing

In Saudi Arabia, the Society for Defending Women’s Rights says that the country's religious police, the Commission for the Promotion of Virtue and Prevention of Vice, are ultimately responsible for the "honor killing" of two sisters by their brother. Qatar's The Peninsula reported yesterday that Society claimed religious police sparked the anger of the women's brother by arresting the women, ages 19 and 21, for mixing with unrelated males. Police put them in a Riyadh women's shelter. Their brother shot them, in the presence of their father, when the left the shelter on July 5. The Society called for the government to charge the brother with murder, and also to bring charges against the religious police involved in the case.

British House of Lords Keeps Free Speech Defense To Inciting Hatred Against Gays

In Britain last Thursday, the House of Lords, by a vote of 186-133, deleted from the proposed Coroners and Justice Bill section 61 which would have done away with a statutory free speech defense to the crime of inciting homophobic hatred. The defense is found in the Criminal Justice and Immigration Act 2008 which outlaws inciting hatred on the ground of sexual orientation, but goes on to provide:

In this Part, for the avoidance of doubt, the discussion or criticism of sexual conduct or practices or the urging of persons to refrain from or modify such conduct or practices shall not be taken of itself to be threatening or intended to stir up hatred.

The Labour government had proposed elimination of the defense, but Lord Waddington, former Conservative party Home Secretary, proposed an amendment to retain it which was the subject of Thursday's vote. The House of Lords has posted the full text of the debate on the amendment. The Independent and BBC News both reported on the House of Lords action.

Recent Prisoner Free Exercise Cases

In Isom v. Lowe, 2009 U.S. Dist. LEXIS 56922 (MD PA, July 6, 2009), a Pennsylvania federal district court held that prison officials were justified in taking a Muslim prisoner off the "Common Fare" diet after it was found that he was purchasing and consuming regular items from the Commissary that do not comply with the "Common Fare" diet.

In Riley v. Doe, 2009 U.S. Dist. LEXIS 56406 (MD TN, July 2, 2009), a Tennessee federal district court rejected a complaint that prisoners of the Christian Identity faith are not permitted to meet for group worship. The denial stemmed merely from the mistaken belief by the prison director of religious services that Christian Identity was classified as a Security Threat Group.

In Miska v. Middle River Regional Jail, 2009 U.S. Dist. LEXIS 56661 (WD VA, July 2, 2009), a Virginia federal district court rejected an inmate's complaint that his free exercise rights were violated when he was prevented from attending Communion and Confession one time while in segregated confinement.

In Caldwell v. Folino, 2009 U.S. Dist. LEXIS 56838 (WD PA, July 1, 2009), a Pennsylvania federal magistrate judge concluded that an inmate's free exercise rights were not violated when corrections officers searched his medicine bag and made disparaging comments about its contents.

In Mayo v. Briggs, 2009 U.S. Dist. LEXIS 57378 (ED VA, July 6, 2009), a Virginia federal district court adopted a magistrate's recommendations and dismissed an inmate's lawsuit for damages and a change in the jail's policy. Plaintiff claimed that authorities refused to permit him to attend Muslim Jumah services. The refusal was based on plaintiff's identifying himself as Christian, not Muslim, when he arrived at the jail.

In Mayne v. State, 2009 U.S. Dist. LEXIS 57678 (D NJ, July 7, 2009), a New Jersey federal district court permitted plaintiff to proceed with his complaint that while under house arrest and electronic monitoring, his parole officer refused to permit him to attend Catholic religious services.

In Thomas v. Little, 2009 U.S. Dist. LEXIS 57568 (WD TN, July 6, 2009), a Tennessee federal district court dismissed claims by an inmate that his free exercise rights, and his rights under RLUIPA were infringed by prison policy that allows Muslim inmates to buy prayer oil only from a single approved supplier.

In Anderson v. Harron, 2009 U.S. Dist. LEXIS 57986 (D NJ, July 7, 2009), a New Jersey federal district court rejected an inmate's complaint that his rights under the 1st Amendment and RLUIPA were infringed when he was temporarily removed from the jail's Ramadan meal program. The court also rejected his complaint that the jail did not facilitate weekly group Jumah prayers among the Muslim prisoners.

Group Presses 2 California Cities To End Sectarian Invocations

The Freedom from Religion Foundation continues to demand that city councils across the country end the practice of opening their sessions with sectarian Christian prayer. Two California cities-- Tracy and Lodi-- are currently among its targets. The Tracy Press on Friday editorialized:

Tracy's prayer policy may be inclusive in its intentions, but it's exclusive in its practice of rotating only those religious leaders (all Christian, like the council) who have come forth to offer invocations. It makes political outsiders of those constituents who don't share religious beliefs.

Meanwhile the LA Church and State Examiner reports that Lodi City Council will consider a resolution next month to require that invocations be non-sectarian. However Navy Chaplain Gordon James Klingenschmitt's "Pray in Jesus' Name Project" that favors Lodi's existing policy plans a prayer vigil at city hall on August 5, the scheduled date of the City Council vote.

Nominee To Head NIH Is Strong Advocate For Compatibilibty of Science and Faith

This past Wednesday, the White House announced the nomination of renowned geneticist Dr. Francis S. Collins to head the National Institutes of Health. Collins headed the NIH's Human Genome Project. Yesterday and today, articles in the Wall Street Journal and AlterNet focus on another part of Collins' biography-- his strong advocacy for the position that science (including evolutionary theory) and religious faith are compatible. In 2006, Collins authored a book titled The Language of God: A Scientist Presents Evidence for Belief. Francis has also founded the BioLogos Foundation, which describes its mission as follows:

BioLogos represents the harmony of science and faith. It addresses the central themes of science and religion and emphasizes the compatibility of Christian faith with scientific discoveries about the origins of the universe and life

BioLogos' press release on Collins' nomination says that if he is confirmed, his leadership role at BioLogos will be assumed by Drs. Darrel Falk and Karl Giberson.

UPDATE: The Senate confirmed Collins by voice vote on Aug. 7. (Fresno Bee.)

Summum's Challenge To Duchesne City Dismissed After Case Was Mooted

Last March, after the U.S. Supreme Court decided in Pleasant Grove City v. Summum that a Utah city need not accept a "Seven Aphorisms" monument for a local park where a 10 Commandments monument already stood, it remanded to the lower courts a more complicated companion case, Summum v. Duchesne City. (See prior posting.) The city responded by moving the 10 Commandments monument to a city cemetery, which Summum saw as essentially mooting the case. (See prior posting.) According to yesterday's Salt Lake Tribune, a Utah federal district court has now formally dismissed the lawsuit on Summum's motion to dismiss.

Ireland Passes New Blasphemy Law, Reducing Penalties for Violation

This week, Ireland's parliament, the Oireachtas, passed the Defamation Act 2009 to replace the Defamation Act 1961. Section 36 of the new law imposes a fine of up to 25,000 Euros on anyone who publishes or utters blasphemous matter. In defining the offense, the new law provides:

(2) For the purposes of this section, a person publishes or utters blasphemous matter if—
(a) he or she publishes or utters matter that is grossly abusive or insulting in relation to matters held sacred by any religion, thereby causing outrage among a substantial
number of the adherents of that religion, and
(b) he or she intends, by the publication or utterance of the matter concerned, to cause such outrage.

(3) It shall be a defence to proceedings for an offence under this section for the defendant to prove that a reasonable person would find genuine literary, artistic, political, scientific, or academic value in the matter to which the offence relates.

(4) In this section "religion" does not include an organisation or cult—
(a) the principal object of which is the making of profit, or
(b) that employs oppressive psychological manipulation— (i) of its followers, or
(ii) for the purpose of gaining new followers.

Ireland's Constitution (Art. 40) requires that the country have a law banning blasphemy. the new law substantially reduces the penalty for the offence from that in the 1961 Defamation Act (Sec. 13) that provides a fine and up to 7 years in prison for blasphemy. Reuters reported yesterday that atheists say they will quickly test the new law. They claim it is discriminatory by protecting only religious beliefs.

Arizona Governor Signs Students' Religious Liberties Act

On July 10, Arizona Gov. Jan Brewer signed HB 2357, the Students' Religious Liberties Act. It bars public schools from discriminating against parents or students on the basis of religious viewpoints or expression, including religious viewpoints included in class assignments, artwork or coursework. It provides that students may pray or engage in religious activities or expression before, during and after the school day in the same manner that students are allowed to engage in nonreligious expression or activities.

Students are permitted to wear clothing that displays a religious message, or religious jewelry, to the same extent that clothing or jewelry with other messages or symbols is allowed. The law specifically, though, permits banning of clothing and accessories denoting criminal street gang affiliation. The new law goes on to provide that it shall not be interpreted to require any student to participate in prayer or other religious activity, or to otherwise violate a student's constitutional rights. Finally it requires exhaustion of internal administrative complaint procedures before a parent or student may bring a lawsuit to enforce the provisions of the statute. AP reported on the signing of the bill.

President Obama Meets With Pope Benedict XVI

President Barack Obama and Pope Benedict XVI held private talks for about 40 minutes this afternoon at the Vatican. Reuters and AFP both report on the meeting at which Obama briefed the Pope on the just completed G-8 Summit meetings. They also discussed the sensitive issue of bioethics on which the two have significant disagreements. Before the President arrived at the Vatican, Michelle Obama and their children Malia and Sasha were given a private tour of St Peter's Basilica and the Sistine Chapel. After the private talks, the President introduced his wife and daughters, as well as his mother-in-law, Marian Robinson, to the Pope. Michelle Obama joined the President and Benedict XVI for the traditional exchange of gifts.

A good deal of press attention has been directed at the gifts that the two leaders exchanged. The Pope gave Obama a copy of the Vatican's document on bioethics, Dignitas Personae, as well as a copy of his newest encyclical, Caritas in Veritate (Charity in Truth). (See prior posting.) Obama said light-heartedly that this would give him some reading material for the plane. The Pope also gave Obama a mosaic depicting St. Peter's Square. Meanwhile, Obama presented the Pope with a stole that had been draped for 18 years on top of the remains of Saint John Neumann, the first American bishop to be formally canonized. The Washington Post has a lengthy account of the meticulous efforts that went into the US choice of this gift.

Ahead of the meeting, commentators suggested that the Vatican is more willing to seek common ground with Obama than are the American Bishops who have been more confrontational. The New York Times yesterday reported on the differences in approach.

British Methodists Ban Its Members From Joining British National Party

Ekklesia reported yesterday that Britain's Methodist Church has passed a resolution at its annual conference providing that: "No member of the Church can also be a member of a political party whose constitution, aims or objectives promote racism. This specifically includes, but is not solely limited to, the British National Party." The resolution does not ban BNP members from attending Methodist churches without becoming church members. Earlier this year, the Church of England banned its clergy from joining the right wing British National Party, (see prior posting) but the Methodists become the first major denomination to ban all members from doing so. Other Christian denominations have merely called for their members not to vote for the BNP. Recently the BNP has tried to appeal to Christians by claiming it is protecting Britain's "Christian heritage."

Canadian FLDS Faces Property, Polygamy Prosecution, Issues

While the U.S. media have given a good deal of attention to the FLDS Church members living in the twin towns of Colorado City, AZ and Hildale, UT, there is also a group of FLDS members in the Canadian town of Bountiful, in British Columbia. This week reports surfaced on two rather interesting developments affecting that community.

Yesterday's Toronto Globe & Mail focused on how litigation to reform the FLDS United Effort Plan Trust will impact FLDS property in Bountiful that is also owned by the trust. Bruce Wisan, who was appointed by a Utah court as special fiduciary to administer and reform the UEP trust, says that there may need to be a housing board chosen from the Bountiful community to deal separately with privatizing the Canadian properties. Wisan also says that if the Utah court approves privatization,wives names will be added to their husband's on deeds for the properties-- giving attention to which wives live in which houses.

Meanwhile, the leaders of each of the two FLDS factions in Bountiful have been criminally charged with polygamy by a British Columbia prosecutor. One of the defendants, Winston Blackmore, is seeking to have the indictments quashed. Yesterday's Toronto Globe & Mail reports that B.C. Supreme Court Justice Sunni Stromberg-Stein, in a memo to counsel, indicated doubts that she had jurisdiction to order dismissal of a case that has not yet been appealed to the Supreme Court. Therefore she suggested to counsel that they file a new petition, seeking review of former attorney-general Wally Oppal's decision to essentially "shop" for prosecutors until he found one who was willing to file the polygamy charges.

ACLU Objects To Jail's Censorship Of Biblical Verses In Correspondence

An ACLU press release yesterday disclosed that the ACLU has written the Superintendent of Virginia's Rappahannock Regional Jail (full text of letter) demanding that it end its rather unusual policy on censorship of incoming letters to inmates. The jail takes out all Biblical passages from incoming mail, as well as any material inserted into a letter by cutting and pasting it from the Internet. The letter says in part: "The principle that religious correspondence must not be saddled with restrictions inapplicable to non-religious correspondence is so settled in law that prison and jail officials who impose such restrictions forfeit qualified immunity and become subject to suit in their personal capacities." Driving home its pint, the letter also observed: "Even the novelist Fyodor Dostoevsky had ready access to scripture while incarcerated in a Siberian prison camp in tsarist Russia."

Church Controversy Moves To Florida State Court

In Palm City Florida, a state court lawsuit was filed Wednesday by seven members of the Palm City Christian Church against the church's pastor, Anthony Galbicka. TC Palm reports the suit charges the pastor with breach of fiduciary duty and seeks a ruling "ousting" Pastor Tony and voiding "improper and/or illegal" actions he took. Elders of the 80-member congregation, in order to deal with financial problems, earlier this year recommended budget cuts, including cuts in Pastor Tony's compensation. The complaint alleges that after the meeting, Galbicka "sought to organize a plan to silence his critics, seize control of the (church and) preserve his income." He had the Sheriff's office issue trespass warnings against three members who are among the plaintiffs in the lawsuit. When the three came to the church for Sunday services in May, they were turned away by a sheriff's deputy. Then in June, Pastor Galbicka, after revoking the membership of 10 church members, called a meeting at which all of the elders were removed and he was elected and given the "combined authority of pastor-president-director-elder-deacon."

In a letter to the congregation, Galbicka said the members he kept away from the church engaged in "physical abuse, intense & unrestrained anger & hatred, cursing, disrespect for law enforcement, threats, pushing, foolish insults & reviling."

House Passes Resolution Calling for Motto To Be Added To Visitor Center

The House of Representatives yesterday, by a vote of 410-8, passed H. Con. Res. 131, directing the Architect of the Capitol to engrave the Pledge of Allegiance and the National Motto, "In God We Trust," in the Capitol Visitor Center. Reporting yesterday on the House action, the Fresno Bee said that Sen. Jim DeMint last summer threatened to delay the opening of the Visitor Center, in part because it failed to honor the country's religious heritage. (See prior posting.) The Concurrent Resolution still needs to be passed by the Senate

Questions Raised Over Canadian Prime Minister At Funeral Mass

Canada's Prime Minister Stephen Harper has created at least a protocol stir. Last Friday he attended the New Brunswick funeral of former Canadian governor general Romeo Leblanc, a Catholic. St. John's (NB) Telegraphic Journal and CTV Toronto both reported yesterday that a television clip of Harper, a Protestant, receiving communion at the Catholic funeral mass, raises a question of what he did with the communion wafer he received. (YouTube report.) A television camera shows Harper accepting the wafer with his right hand, but does not show him consuming it, even though a spokesman for the Prime Minister says that he did. Monsignor Brian Henneberry, vicar general and chancellor of the Diocese of Saint John, says that if Harper accepted the host but did not consume it: "it's worse than a faux pas, it's a scandal from the Catholic point of view." The press has speculated that Harper was confused about the protocol, or expected the priest to invite everyone to consume the wafer, as is done in some Protestant traditions. Separate questions have been raised as to whether Harper should have accepted the communion wafer at all at the Mass. [Thanks to Scott Mange for the lead.]

House Climate Change Bill Includes Provisions Of Interest

On June 26, the U.S. House of Representatives passed and sent to the Senate the massive American Clean Energy and Security Act of 2009 (HR 2454). Several provisions in the climate bill are of interest to followers of church-state issues:

• Section 202 includes faith institutions and other non-profits in the group of nonresidential buildings that are eligible for assistance in retrofitting to achieve energy efficiency and improvements in water use.

The Washington Post last week reported that this provision was inserted at the last minute at the urging of a coalition developed by the Union of Orthodox Jewish Congregations. the coalition also included the U.S. Conference of Catholic Bishops, the National Council of Churches, United Jewish Communities, Rev. Joel Hunter of the Florida-based mega-church Northland, Rev. Jim Ball who heads the Evangelical Environmental Network, and Sojourners leader Rev. Jim Wallis. The coalition is working to increase the subsidy beyond the current 50%. Meanwhile the version of the climate bill being considered in the Senate does not contain a similar provision.

• Section 495 allows faith-based groups to be included as recipients of USAID funds to provide assistance to vulnerable developing countries in creating climate change adaptation plans.
  
• Section 482 protects Indian tribes from having certain culturally sensitive information that is obtained by the federal government disclosed under the Freedom of Information Act. Under the bill, the Interior Department, in cooperation with states and Indian tribes, is to develop a National Wildlife Habitat Corridors Information Program. However, information received regarding Native American human remains, or about resources, cultural items, uses, or activities identified by an Indian tribe as traditional or cultural because of the long-established significance or ceremonial nature to the Indian tribe may not be disclosed under FOIA if the disclosure may cause a significant invasion of privacy, risk harm to the human remains or resources, cultural items, uses, or activities, or if it would impede the use of a traditional religious site.

9th Circuit Vacates Preliminary Injunction Against Pharmacy Board Regulations

In Stormans Inc. v. Selecky, (9th Cir., July 8, 2009), the U.S. 9th Circuit Court of Appeals vacated a preliminary injunction issued by a federal district court enjoining enforcement of Washington State Pharmacy Board regulations that require pharmacists to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. The court concluded that the trial judge had incorrectly applied heightened scrutiny to the regulations. (See prior posting.) The 9th Circuit held that the Pharmacy Board rules are neutral regulations of general applicability that need only meet a rational basis test:

That the rules may affect pharmacists who object to Plan B for religious reasons does not undermine the neutrality of the rules. The Free Exercise Clause is not violated even though a group motivated by religious reasons may be more likely to engage in the proscribed conduct.

The court remanded the case with this explanation:

We hold that the district court abused its discretion in applying an erroneous legal standard of review, failing to properly consider the balance of hardships and the public interest, and entering an overbroad injunction. On remand, the district court must apply the rational basis level of scrutiny to determine whether Appellees have demonstrated a likelihood of success on the merits. The district court must also determine whether Appellees have demonstrated that they are likely to suffer irreparable harm in the absence of preliminary relief, whether the balance of equities tips in the favor of the three Appellees, and whether the public interest supports the entry of an injunction. If the court finds in favor of Appellees, it must narrowly tailor any injunctive relief to the specific threatened harms raised by Appellees.

In its opinion, the 9th Circuit included an extensive discussion of standing and ripeness. It refused to decide whether a for-profit corporation can assert its own free exercise rights. Instead it concluded that the corporate plaintiff could properly assert the free exercise rights of the individual owner/directors in the family owned pharmacy. Individual pharmacists also had standing. Judge Clifton wrote a short concurring opinion, rejecting the majority's holding that it could not consider legislative history in deciding whether a law is neutral and generally applicable.

(It is worth noting that last year, the same panel of the 9th Circuit refused to stay the preliminary injunction pending the appeal that it decided yesterday.) The Seattle Post-Intelligencer reports on yesterday's decision.

Activities of White House Faith-Based Director Are Outlined

Beliefnet yesterday carried an interesting portrayal of the activities of 26-year old Joshua DuBois, director of the White House Office of Faith-Based and Neighborhood Partnerships. Every morning he sends a devotional message to President Obama's Blackberry, and daily receives some 750 e-mails from religious leaders, government officials and reporters. DuBois speaks to various religious groups, meets with a wide variety of religious leaders (as well as with secularists), and helps write Obama's speeches that deal with religion. In his private life, DuBois is a Big Brother to a teenager in Boston. He also keeps up a 5-year relationship with his girl friend. DuBois was raised in the African Methodist Episcopal Church an associate pastor at a small African-American Pentecostal church while he was an undergraduate at Boston University.

Meanwhile, the Washington Post reports that yesterday the Advisory Council on Faith-Based and Neighborhood Partnerships held its first face-to-face meeting at White House offices. Previously the Council met through telephone conference calls.

Police Say Theft of Body May Have Been For Religious Ritual

Stamford, Connecticut police are investigating the theft of a young girl's body yesterday from a Connecticut cemetery, saying they suspect some sort of ritualistic religious motivation. They say "a lot of things point to" that conclusion. AP reports that the body was that of a 2-year old girl who had lived much longer than expected in light of a condition that kept her brain from developing fully. Police say that followers of religions such as Palo Mayombe might have targeted this body-- buried in 2007-- in order to obtain the perceived mystic power that caused her to survive so long.

Pope "Gently Fires" Officials Responsible For Lifting Excommunication of Holocaust Denier

Zenit, the National Catholic Reporter and the London Mail all report that yesterday at the Vatican, the other shoe dropped in the embarrassing lifting by Pope Benedict XVI of the excommunication of Holocaust-denying Lefebvrite Bishop Richard Williamson. (See prior posting.) In March, the Pope wrote a letter to the Bishops essentially apologizing for the move which strained relations between the Vatican and the Jewish community. (See prior posting.) Now, in a letter titled Ecclesiae Unitatem, issued by the Pope "motu propio" (on his own initiative), Benedict XVI eliminated the autonomy of the Ecclesia Dei Commission that had been set up by Pope John Paul II to handle relations with the with the rejectionist French Archbishop Marcel Lefebvre and his Society of St. Pius X. As explained by the National Catholic Reporter:

the pope today restructured the Vatican office that handles relations with the traditionalist world -- and, in effect, gently fired the officials who presided over the earlier fiasco.

Under the Pope's new pronouncement, the Ecclesia Dei Commission will be supervised by the Congregation for the Doctrine of the Faith-- currently headed by American Cardinal William Levada. The restructuring eliminates the positions at the Commission previously held by Colombian Cardinal Dario Castrillon-Hoyos and his deputy, Italian Monsignor Camille Perl. The two former officials had played key roles in the decision to lift the excommunication of 4 right-wing bishops, including Williamson, last January.

Massachusetts Sues Challenging Constitutionality of DOMA

Yesterday the state of Massachusetts filed suit in federal district court challenging the constitutionality of the federal Defense of Marriage Act (DOMA). The complaint (full text) in Commonwealth of Massachusetts v. U.S. Department of Health and Human Services, (D MA, filed 7/8/2009), alleges that in enacting the law, the federal government violated the 10th Amendment and exceeded its powers under the Spending Clause. The complaint alleges in part:

In 2004, the Commonwealth of Massachusetts became the first state to end the exclusion of same-sex couples from marriage..... Congress’s decision to enact a federal definition of marriage rejected the long-standing practice of deferring to each state's definition of marriage and contravened the constitutional designation of exclusive authority to the states. From its founding until DOMA was enacted in 1996, the federal government recognized that defining marital status was the exclusive prerogative of the states and an essential aspect of each state's sovereignty, and consistently deferred to state definitions when the marital status of an individual was used as a marker of eligibility for rights or protections under federal law.

Now, because of Section 3 of DOMA, married individuals in same-sex relationships are both denied access to critically important rights and benefits and not held to the same obligations and responsibilities arising out of marriage or based on marital status. DOMA precludes same-sex spouses from a wide range of important protections that directly affect them and their families, including federal income tax credits, employment and retirement benefits, health insurance coverage, and Social Security payments. In enacting DOMA, Congress overstepped its authority, undermined states’ efforts to recognize marriages between same-sex couples, and codified an animus towards gay and lesbian people.

The Boston Globe reports on the lawsuit. State Attorney General Martha Coakley's office has issued a press release along with links to a transcript and recording of yesterday's press conference announcing the action.

California Cities Welcome Sikh Police Officers

The Sikh American Legal Defense Fund today announced that six California police departments have reaffirmed their commitment to equal employment opportunities for Sikhs. Their religiously mandated turbans and uncut hair will not be impediments to their being hired. Last month police chiefs in Yuba City, Sutter County, Richmond, San Pablo, Hercules, and Walnut Creek, California all confirmed that Sikhs are welcome to join their forces.

Yankees Settle Lawsuit Over Restrictions During Playing of "God Bless America"

The New York Times and AP reported yesterday that a federal lawsuit filed last April against the New York Yankees and the city of New York has been settled. Plaintiff, Bradford Campeau-Laurion, claimed he was the victim of religious and political discrimination when a police officer enforced a policy of restricting fan movement during the playing of "God Bless America"-- a song played during the 7th inning stretch at Yankee baseball games. Ushers typically blocked some exits while the song was played. Campeau-Laurion says a police officer ejected him from the old Yankee Stadium last season when he tried to walk to the rest room. Officials say he was arrested after acting in a disorderly manner. In exchange for plaintiff dropping the lawsuit, the city of New York agreed to pay $10,001 in damages and $12,000 in attorneys' fees. Also, in a stipulation (full text) filed as part of the settlement, the Yankees say that they have no policy or practice at the new Yankee stadium that imposes any special restrictions on fans moving around the stadium during playing of "God Bless America." In a release, the New York Civil Liberties Union said: "This settlement ensures that the new Yankee Stadium will be a place for baseball, not compelled patriotism." [Thanks to Scott Mange for the lead.]

Pope Issues Encyclical On Globalization and Econmic Development

Yesterday, on the eve of the G-8 economic summit in Italy, Pope Benedict XVI issued his third encyclical, Caritas in Veritate (Charity in Truth). The document includes extensive discussion of issues relating to global economic development. The Vatican also issued a summary synthesizing the highlights of the longer document. Describing the wide-ranging document, the New York Times observed: "In many ways, the document is a puzzling cross between an anti-globalization tract and a government white paper, another signal that the Vatican does not comfortably fit into traditional political categories of right and left." Here is one excerpt from the encyclical that has garnered a good deal of press attention:

In the face of the unrelenting growth of global interdependence, there is a strongly felt need, even in the midst of a global recession, for a reform of the United Nations Organization, and likewise of economic institutions and international finance, so that the concept of the family of nations can acquire real teeth. One also senses the urgent need to find innovative ways of implementing the principle of the responsibility to protect and of giving poorer nations an effective voice in shared decision-making....

To manage the global economy; to revive economies hit by the crisis; to avoid any deterioration of the present crisis and the greater imbalances that would result; to bring about integral and timely disarmament, food security and peace; to guarantee the protection of the environment and to regulate migration: for all this, there is urgent need of a true world political authority....

Obviously it would have to have the authority to ensure compliance with its decisions from all parties, and also with the coordinated measures adopted in various international forums. Without this ... international law would risk being conditioned by the balance of power among the strongest nations. The integral development of peoples and international cooperation require the establishment of a greater degree of international ordering.... They also require the construction of a social order that at last conforms to ... the interconnection between moral and social spheres, and to the link between politics and the economic and civil spheres, as envisaged by the Charter of the United Nations.

In Louisiana, Catholic Death-Row Inmates Will Have Access To Mass

Catholic prisoners on death row at Louisiana's maximum-security state penitentiary at Angola will now have an opportunity to celebrate mass. Yesterday's New Orleans Times-Picayune reports on a settlement reached in a lawsuit brought by the ACLU on behalf of death-row inmate Donald Lee Leger who objected that mostly Baptist religious services were shown on television sets. Only one Catholic Mass was televised to death-row inmates between June and December 2008. Under the settlement, the prison will offer inmates the opportunity to view Catholic mass on television, while other prisoners who prefer Baptist preachers will be offered earphones to listen to them instead. Also Catholic clergy will be welcome to hold Mass on death row and hear inmates' confessions, which will not be recorded or monitored. Outside of death row, Angola prison has seven churches and a Bible College. (See prior related posting.)

Turkey's Government Unhappy With Planned Reality TV Show Aimed At Conversion

Turkey's Religious Affairs Directorate is refusing to send an imam to appear on a new reality television program being launched in September by Istanbul-based television station Kanal T. Reuters last Friday reported that the planned show, Penitents Compete, will feature a rabbi, an imam, a priest and a Buddhist monk, each of whom will try, on camera, to convert ten atheists. The atheists will be pre-screened for non-belief by a team of theologians. Each convert will win a trip to his or her new religion's holy site-- Mecca, the Vatican, Jerusalem or Tibet. Hamza Aktan, chairman of Turkey's High Board of Religious Affairs, said: "Doing something like this for the sake of ratings is disrespectful to all religions. Religion should not be a subject for entertainment programs."

Malaysian Court Says Art Director Died A Muslim-- No Jurisdiction To Hear Family's Objections

In Malaysia, the Selangor High Court has ruled that art director Mohan Singh will be buried according to Muslim rites by the Selangor Islamic Religious Council (Mais). Today's New Straits Times reports on the complicated decision. Mohan died May 25, and his family claimed he was a practicing Sikh. However on June 4, the Syariah court, in response to an application by Mais, ruled that Mohan had converted to Islam in 1992 and had died a Muslim. Mohan's family, who knew nothing about Mohan's purported conversion, filed suit in the High Court seeking an order that Mohan's body be released to his family. That application was refused yesterday and the body was ordered released to Mais instead. High Court Judge Rosnaini Saub ruled that Mohan's 1992 conversion certificate was sufficient to give the Syariah court jurisdiction. Since Mohan's family are not Muslims, they have no standing to present their contentions to the Syariah court, and they cannot present their claims that Mohan did not convert to the civil court because it lacks jurisdiction once the conversion certificate has been presented. An article last month by Deborah Loh presents the Mohan family's side of the case.

UPDATE: Malaysian Insider reported Tuesday that Mohan Singh's family has filed an appeal with the Court of Appeal in Putrajaya, even though Mohan was buried Monday night in a Muslim cemetery.

Britain's International Development Program Will Double Aid To Faith-Based Groups

Ekklesia reports that a White Paper issued yesterday by Britain's Department for International Development promises to double the funding for faith-based groups providing international aid. The report, titled Building Our Common Future, promises (at Sec. 7.48) that the government will: "double support to faith based groups recognising the unique contribution that they can make in both delivering development on the ground, and connecting with communities here and abroad." In a press release yesterday accompanying the report, International Development Secretary Douglas Alexander says: "The White Paper represents a fundamental shift in the way the UK delivers development aid, refocusing resources onto fragile countries and for the first time treating security and justice as a basic service alongside health, education, water and sanitation."

IRS Delay In Granting Tax-Exempt Status Questioned

A press release issued yesterday by the Thomas More Law Center questions the propriety of a delay by the Internal Revenue Service in granting tax exempt status to the Coalition for Life of Iowa. The IRS has questioned the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities. Apparently the IRS also says that in order to receive 501(c)(3) status, the Coaliltion must agree to limit its "picketing" and "protesting" of Planned Parenthood. According to theTMLC press release: "The repeated questioning of the Coalition suggests that the IRS may be denying or delaying tax-exempt status to an eligible organization based solely upon its religious affiliation and speech. Many other organizations regularly advocate on both sides of these issues, and they have not been hindered in obtaining or maintaining tax-exempt status under section 501(c)(3). "

Suit Challenges Ten Commandments On Display In Kentucky Courthouse

A federal lawsuit was filed last week challenging the display of the Ten Commandments in the courthouse in yet another Kentucky county. Yesterday's Lexington (KY) Herald-Leader reports that the ACLU has sued Jackson County and Judge-Executive William O. Smith seeking an injunction and a declaratory judgment that nine copies of the Ten Commandments on walls at various places in the courthouse in McKee (KY) violate the Establishment Clause. Separately, the ACLU has asked the state Administrative Office of the Courts to remove a large copy of the Ten Commandments on display in the court room in the Jackson County courthouse.

UPDATE: The July 11 Louisville Courier-Journal reports in more detail on the displays at issue. Framed copies of the Ten Commandments are posted at both entrances to the courthouse, outside several offices and next to a woman's restroom. Separate from these, and not the object of the ACLU's complaint, a Foundations of American Law and Government display (which includes the 10 Commandments among other historical documents) stands in the rear of the courthouse.

BJC Publishes Analysis of Sotomayor's Religion Decisions

The Baptist Joint Committee for Religious Liberty has published a new report evaluating the free exercise and establishment clause opinions written by Supreme Court nominee Judge Sonia Sotomayor (download of full text). It concludes:

While Sotomayor’s written record raises no red flags, it also fails to provide complete assurance to those who are most concerned about our fragile religious freedom rights. In the free exercise cases, she displays careful attention to protecting religious rights, including in prisons where courts generally give deference to government officials. Likewise, these cases demonstrate an emphasis on the importance of assessing the individual’s specific religious claim. This approach illustrates an expansive view of religious freedom that does not depend on the approval of the majority. Her religious display cases demonstrate the fact-sensitive nature of such disputes, but tell us little about where she would draw the line between permissible acknowledgements of religion and unconstitutional displays that send a message of endorsement of religion by the government. Beyond those cases, her record gives little indication of her views of the Supreme Court’s various Establishment Clause standards or how she is likely to decide such cases.

Sotomayor’s writings include few if any statements articulating how the First Amendment protects religious liberty, promotes the voluntary nature of religion, prevents governmental interference in religion and tends to reduce conflict among religions. Still, her record offers positive signs that she will be a thoughtful, fair-minded jurist in protecting religious freedom.

[Thanks to Don Byrd for the lead.]

Air Force Rejects Flyover Request For Rally Sponsored By Christian Group

For the first time in 42 years, the U.S. Air Force has refused a "flyover request" for the "God and Country Rally" sponsored by the Christian Defense Coalition over the July 4 weekend. (Coalition Press Release.) The Pentagon's e-mail message (full text) rejecting the request says in part: "Air Force and DoD policy prohibit support for events which appear to endorse, selectively benefit, or favor any special interest group, religious or ideological movement." The Christian Defense Coalition says that the annual rally, held in Nampa, Idaho, honors those serving in the U.S. armed forces, and does not promote one religious faith tradition. Coalition director, Rev. Patrick J. Mahoney, asks: "Will the new policy of President Obama be that a person has to surrender their faith tradition to honor and pay tribute to our courageous men and women who serve in the military?"

Daily Kos yesterday, reporting on developments, quotes Military Religious Freedom Foundation president Mikey Weinstein's strong support of the Air Force's decision. Weinstein, in his typically blunt fashion, said: "To those in the fundamentalist Christian cabal who vigorously oppose this long sought, terrific decision by the U.S. Air Force, may I suggest that they consider holding their event next year in Kim Jung Il's North Korea or the Kingdom of Saudi Arabia as neither of those countries have a separation of Church and State as we do in beautiful America."

Israel's President Addresses Interfaith Conference In Kazakhstan

Last week, Israel's President Shimon Peres delivered the keynote address (full text) at an Interfaith Conference in Kazakhstan attended by hundreds of Muslim leaders from the Middle East and around the world, as well as by Israel's chief rabbis. (Background.) Peres' address was often theological in its approach to Islamic terrorism and Middle East peace. He said in part:

While the monotheistic and humanistic believers, Christians, Muslims and Jews, used to believe that there was just one God for all, compassionate, merciful and righteous, there are nowadays others, luckily a minority, that sanctify a different God, a God that permits massacres, forgives cruelty, and calls upon his believers to destroy, kill, lie and ruin. This distorted stream constitutes a defamation of the Lord. It is not a religion, it is a crime, a crime against God and man. We must separate religion from terror. This should be a common effort by all believers, regardless of faith, creed or gender....

Cultivating interfaith ties of understanding and friendship is vital, not only in interfaith relations, but in the religions' perception of God. The first question is always whether God created man in His image, or whether man is trying to create God in his compromised image. Whether we should adopt God's moral code, or whether we should refer our personal desires to God.... Only God who created man has the right to determine life.... God had no partners in the creation of the world, so there is nobody that can declare war against.

Group Sues To Get Kentucky "In God We Trust" License Plate

AP yesterday reported that a Kentucky group, Reclaim Our Culture Kentuckiana (ROCK), has filed a lawsuit challenging the rejection of its application to sponsor a special "In God We Trust" state license plate. The state's Transportation Cabinet rejected the request partly because ROCK promotes "a specific faith or religious position." The lawsuit claims both that religion is not ROCK's primary purpose and that the basis for denial amounts to unconstitutional religious discrimination. Rep. Hubie Collins, chairman of the Kentucky House transportation committee, says he supports an "In God We Trust" plate, but thinks the state should issue it. He does not believe that a private group should profit from use of the national motto. (See prior related posting.)

Upgrade of Russia-Vatican Relationships Is In the Works

According to AFP, Russian President Dmitry Medvedev told Italian media yesterday that Russia is considering upgrading its relations with the Vatican to full diplomatic relations. The Russian Orthodox Church has, both historically and recently, had somewhat tense relationships with the Catholic Church. AP, also reporting on the interview ahead of the G-8 Summit in Italy says that Medvedev declined to comment on whether Pope Benedict XVI would visit Russia in the near future.

Recent Articles and Forthcoming Books of Interest

From SSRN:

• Suzie Chiodo, Big M, Little Freedom: Accommodating Religion in a Secular Society, (June 22, 2009).
• Sadiq Reza, Islam’s Fourth Amendment: Search and Seizure in Islamic Doctrine and Muslim Practice, (Georgetown Journal of International Law, Vol. 40, No. 3, 2009).
• Patrick McKinley Brennan, Self-Love and Forgiveness: A Holy Alliance?, (in Forgiveness, Darlene Weaver, ed., Forthcoming).

Forthcoming Books:

• Mano Singham, God vs. Darwin: The War between Evolution and Creationism in the Classroom, (Rowan & Littlefield, Oct. 2009).
• Sean Oliver-Dee, The Caliphate Question: The British Government and Pan-Islamic Governance, (Lexington Books, Aug. 2009).
• Frederick M. Shepherd, Christianity and Human Rights: Christians and the Struggle for Global Justice, (Lexington Books, July 2009).

British Chief Rabbi Criticizes Court's Decision On Admission To Jewish Schools

Britain's Chief Rabbi, Sir Jonathan Sacks, writes in last Thursday's Jewish Chronicle, sharply criticizing an appellate court decision that struck down the admissions policy of a publicly-funded Jewish school in London. The Court of Appeal held that JFS, by following the traditional Orthodox definition of who is a Jew, engaged in "racial" discrimination rather than in admissions based on religious preferences. (See prior posting.) Sacks argues:

[I]f Jewish schools are compelled by English law to impose a test of religious practice instead of the existing test of membership of the Jewish faith, they will no longer be able to teach the Jewish faith to those who have little or no experience of practising it.... The implications of this ruling are vast and affect us all. To be told now that Judaism is racist, when Jews have been in the forefront of the fight against racism in this country, is distressing. To confuse religion and race is a mistake.

Court Orders Sikh Temple Directors To Disclose Contact Information

An election last year at the Sikh Temple Gurdwara in Yuba City, California brought in new directors who promised reform. Today's Marysville (CA) Appeal-Democrat reports on a state trial court decision last week that requires the Temple's 73 directors to furnish their addresses, phone numbers and e-mail contacts before meeting again. Fellow-director Sukraj S. Pamma sought the information, over privacy objections by some of those who would be required to disclose the data. Responding in part to the privacy concerns, the court's order provided that plaintiff is not to disclose the director information to anyone other than his attorneys and other directors. The Temple board must wait 3 weeks after furnishing the contact information before meeting again. Reform directors say the lawsuit is merely a delaying strategy by opponents who hope to eventually regain power.

Recent Prisoner Free Exercise and Establishment Clause Cases

In Cook v. Long, 2009 U.S. Dist. LEXIS 54159 (ED MO, June 3, 2009), a Missouri federal district court rejected an inmate's claim that 1st Amendment free exercise rights were infringed because he was allowed only one magazine subscription.

In Strope v. McKune, 2009 U.S. Dist. LEXIS 55179 (D KA, June 30, 2009), a Kansas federal district court rejected an inmate's complaint that claims the prison's kosher menu lacked variety, that he was given insufficient time to eat and that on two separate dates he was deprived of a kosher meal on two dates.

Jacobs v. Ohio Department of Rehabilitation & Corrections, 2009 U.S. Dist. LEXIS 55662 (SD OH, June 30, 2009), was a RICO lawsuit filed by a number of prisoners against various state officials. Among the claims was a contention by one of the plaintiffs that his religious materials, including his copy of the Qu'ran, were vandalized by the "Men in Black" during a "shakedown." An Ohio federal magistrate judge recommended that the claim be rejected because none of the named defendants were alleged to have been involved in the incident.

In Pittman v. Broadus, 2009 U.S. Dist. LEXIS 55350 (SD MS, June 15, 2009), plaintiff alleged some 18 different violations of his civil rights by jail officials. One of the claims that a Mississippi federal magistrate judge permitted to move ahead was plaintiff's claim that his free exercise rights were violated by the jail's failure to provide Islamic religious services or alternatively allow inmate-led services. However the court rejected the claim insofar as it alleged that the failure to provide services prevented non-Muslim inmates an opportunity to learn about Islam.

In Bey v. Douglas County Correctional Facility, 2009 U.S. Dist. LEXIS 55748 (D KA, Jan. 27, 2009), a Kansas federal district court held that a delay in responding to an inmate's request for a kosher diet did not violate his free exercise rights under the 1st Amendment or RLUIPA. The inmate was a member of the Moorish Scientific Temple of America. At least the initial part of the delay resulted from officials researching the legitimacy of plaintiff's request. Subsequently the parties disagreed for a period of time over whether the meals met the proper standards for kosher food.

In Castle v. Schriro, 2009 U.S. Dist. LEXIS 55843 (D AZ, June 30, 2009), an Arizona federal district court accepted a federal magistrate's recommendations and rejected a habeas corpus petition by a prisoner who challenged his sentence on Establishment Clause grounds, among others. In considering the aggravating factors at the sentencing hearing, the state trial court had mentioned the fact that the defendant used his purported Christan beliefs to deceive victims in his real estate fraud.

10th Circuit Rejects Parents' Claim of Religious Bias In Child Neglect Proceeding

In Starkey v. Boulder County Social Services, (10th Cir., June 29, 2009), the U.S. 10th Circuit Court of Appeals rejected claims by parents that their free exercise and substantive due process rights were violated when Boulder County, Colorado child welfare officials placed their 3 children in foster care. Plaintiffs claimed in part that the children were removed because officials disapproved of the parents' fundamentalist Pentecostal religious beliefs. The court concluded that there was little in the record to support a contention of religious bias. What was there referred hospitalization of one of the children who suffered a days-long anxiety attack after undergoing a "spiritual cleansing."

Court Rejects Street Preacher's Suit Against Police

In Decker v. City of Athens, 2009 U.S. Dist. LEXIS 55348 (ED TN, June 29, 2009), a Tennessee federal district court dismissed a street preacher's 1st Amendment claims against the city of Athens, Tennessee and two of its police officers. Police officers insisted that James Decker and his daughter, who were preaching and displaying signs, move back from the curb to continue. An argument broke out that escalated into police eventually using pepper spray on Decker. Rejecting plaintiff's free exercise claim, the court concluded that the officers were applying a neutral, generally applicable regulation prohibiting interference with traffic. It rejected plaintiff's free speech claim, finding that the regulation was a content-neutral time, place and manner restriction.

Newspaper Examines Workings Of British Sharia Courts

Today's London Daily Mail carries a long article on the workings of Britain's Islamic Sharia Council. This is the first time that a newspaper has been granted access to observe the full sharia legal process in Britain. The article says in part:

Sharia has been operating here, in parallel to the British legal system, since 1982. Work includes issuing fatwas - religious rulings on matters ranging from why Islam considers homosexuality a sin to why two women are equivalent to one male witness in an Islamic court. The Islamic Sharia Council also rules on individual cases, primarily in matters of Muslim personal or civil law: divorce, marriage, inheritance and settlement of dowry payments are the most common. However, in the course of my investigation, I discovered how sharia is being used informally within the Muslim community to tackle crime such as gang fights or stabbings, bypassing police and the British court system.

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.)