India Added To USCIRF's Watch List

The U.S. Commission on International Religious Freedom yesterday added India to the 11 countries already on its "watch list," a notch below the 13 designated as "countries of particular concern. (See prior posting.) The move came as USCIRF released its country report on India-- added as a chapter to its 2009 annual report. In a press release announcing its action, USCIRF said that the new concern about India stems from "the disturbing increase in communal violence against religious minorities– specifically Christians in Orissa in 2008 and Muslims in Gujarat in 2002 – and the largely inadequate response from the Indian government to protect the rights of religious minorities." A planned visit by USCIRF members to India never materialized as India delayed approving visas for those scheduled to go. (See prior posting.)

Profile of WallBuilders Head Who Is On Texas Education Review Panel

AlterNet yesterday carried a long profile of WallBuilders founder David Barton, who in June was appointed a member of a Texas State Board of Education Panel charged with reviewing the state's social studies curriculum. (See prior posting.) Here are some excerpts from the AlterNet piece:

From his base in Aledo, a town of about 2,000 just west of Fort Worth, Barton runs an outfit called WallBuilders that issues a steady stream of books, videos, DVDs, pamphlets and other materials designed to "prove" that the United States was founded to be a Christian nation. Barton argues that American law should be based on the Bible (or, more accurately, his fundamentalist interpretation of the Bible) and says church-state separation was never intended by our Founders....

Despite his thin academic credentials, Barton has managed to become a celebrity in the world of the Religious Right based on his research allegedly "proving" America’s Christian character.... Barton gives hundreds of lectures every year, rallying fundamentalist shock troops to oppose secular government and church-state separation.

Florida Court Gives 17-Year Old Protective Custody After Her Conversion To Christianity

In Orlando, Florida on Monday a judge ordered a 17-year old Rifqa Bary into emergency custody of the state's Department of Children and Families. The girl fled her Muslim family in Ohio saying she was afraid her father would hurt or kill her or send her back to their native Sri Lanka because she had converted to Christianity. Yesterday's Orlando Sentinel reports that the girl sought refuge with Florida pastor Blake Lorenz and his wife Beverly who she met through an online prayer group. According to WBNS-TV News , an attorney representing the girl's mother said the parents were allowing their daughter to explore her Christianity. The parents say that Rifqa was not afraid of her family until she made contact with Orlando Pastor Blake Lorenz.

UPDATE: YouTube has a 6 minute video of Rifqa Bary emotionally explaining her fear of returning to her parents' home. [Thanks to PewSitter for the lead.]

Kmiec Confirmed As US Ambassador To Malta

Blog of Legal Times yesterday reported that the U.S. Senate last week unanimously confirmed Pepperdine Law School Professor Douglas Kmiec as the U.S. ambassador to Malta. Kmiec previously served as dean of Catholic University Law School and on the faculty of Notre Dame Law School. A press release on Pepperdine's website points out: "As recorded in the book of Acts, the Apostle Paul shipwrecked onto the island nation [of Malta]. Malta has a long legacy of Roman Catholicism, which continues to be the official and dominant religion in the country."

EEOC Says Catholic College Discriminated By Dropping Contraception Coverage

Last year, Charlotte, North Carolina's Belmont Abbey College got its health insurance carrier to drop coverage for voluntary sterilization, abortion, and contraception because the coverage is contrary to Catholic teaching. That led eight faculty members to file a complaint with the Equal Employment Opportunity Commission charging the college, run by Benedictine monks, with religious and gender-based discrimination in violation of Title VII of the 1964 Civil Rights Act. (See prior posting.) Inside Higher Education yesterday reported that, after rejecting the discrimination charges last March, the EEOC has now changed its position. On July 30, it issued a determination letter (full text) concluding that dropping prescription coverage for contraceptive drugs amounts to gender discrimination because it impacts only women, and not men. However the EEOC rejected religious discrimination charges because the benefits were removed for all employees, regardless of their religious beliefs. The EEOC will move ahead with efforts at conciliation, while the college indicated it would challenge the ruling.

UPDATE: According to the Aug. 15 Washington Times, Belmont Abbey College president William K. Thierfelder says he would close the college down before he would offer health care benefits that violate Catholic doctrine.

Indonesia May Be Moving Toward Imposing More Islamic Restrictions

Today's Malaysian Insider carries an article on developments in Indonesia that some argue are moving it away from its secular and multi-religious foundations. Indonesia's Parliament is debating a draft law that would require all businesses to obtain halal certification for products they sell. Currently businesses can voluntarily register their products with the Indonesian Ulama Council (MUI). Surprisingly, MUI opposes the new draft law, fearing that halal certification under it will be taken away from MUI and transferred to the government's Ministry of Religion. The article also discusses initiatives under way in three municipalities around Jakarta to turn them into "Halal cities." It is unclear how far restrictions will go. It will mean that restaurants will need to alert customers if their food contains non-halal ingredients, but it my go beyond this, for example, to a ban on raising pigs that will affect non-Muslims as well. In one of the municipalities, Bogor, there is a growth of Muslim housing developments, open only to Muslims. They contain their own mosques, and have bathrooms designed so toilets do not face Mecca.

Religious Right and Left Spar Over Health Care Reform

Religious liberals and conservatives are weighing in on opposite sides of the health care reform debate. The religious left, including leaders such as Jim Wallis of the Sojourners, began a campaign on Monday titled "40 Days for Health Care Reform" (Reuters, 8/7.) Wallis asked supporter to sign his Christian Creed on Health Care Reform. Meanwhile the conservative Institute on Religion & Democracy reacted. A press release yesterday quoted the group's president, Mark Tooley:

The new Evangelical Left, like the old Social Gospel Religious Left of decades ago, always materialistically equates Big Government and centralized control with the Kingdom of God. They learned no lessons from the 20th century, when Big Government again and again wreaked destruction and was often the antithesis of Christian teachings. For the Religious Left, Obamacare is just one more opportunity for coercion and eradication of private initiative.

6th Circuit: Deportee Failed To Prove Falun Gong Status

In Jiang v. Holder, (6th Cir., Aug. 7, 2009), the U.S. 6th Circuit Court of Appeals upheld the ordered deportation of a citizen from China who came to the U.S. on a fiancee visa but never married her sponsor. Qiao Zhen Jiang however claimed that her removal should be withheld because she would face religious persecution upon her return. She contended that after entering the U.S. she began practicing Falun Gong. The court upheld the finding of the Immigration Judge that Jiang had failed to adequately prove her status as a Falun Gong practitioner.

Muslims In Germany Find Their Role As New Mosque Is Built

Yesterday's Christian Science Monitor examines the attitudes of Germans as the country's largest mosque is being built in Cologne. Cologne's Muslim population of 120,000 has its roots in immigration of Turkish "guest workers" in the 1960's who then stayed. Prof. Claus Leggewie says: "Mosques demonstrate the presence and self-confidence of Muslim immigration in Europe – the attitude is now, 'We're building because we want to stay here'. " The $40 million building in Cologne is described by social activist Necla Kelek as "a political statement from Islam in concrete."

Army Reaches Out To Jewish Soldiers At Ft. Benning After Discrimination Charge

JTA reported yesterday that the army base at Ft. Benning, Georgia, has taken steps in response to discrimination claims by a Jewish soldier who was told by one drill sergeant to remove his yarmulke in the mess hall and was subjected to anti-Semitic taunts by others. He was also beaten by a fellow recruit during basic training, though apparently the assault was not religiously motivated. (See prior posting.) Since then Fort Benning has created religious diversity classes for its drill sergeants. Two weeks ago it added a rabbi as its full-time Jewish chaplain. Also kosher MRE meals are now available in the mess hall. Additionally, Jewish services for the Sabbath and the High Holidays will now be held on base, instead of busing Jewish soldiers to a nearby synagogue. Typically about 20 Jewish soldiers are stationed at Ft. Benning at any one time. Last week's Army Times also reports on Ft. Benning's response. [Thanks to Institute on Religion & Public Policy and to Blog from the Capitol for the leads.]

Virginia Jail Reverses Policy On Censorship of Religious Material

The ACLU announced yesterday that Rappahannock Virginia's Regional Jail has changed its policy so that it no longer censors religious material sent to inmates. Responding to an earlier complaint from the ACLU (see prior posting), the jail's superintendent explained in a letter (full text) to the ACLU that originally its policy banned inmates receiving mail that included material copied from the Internet, whether that was religious or other material. Its concern was the large quantity of material that was sometimes sent. Under the new policy, inmates will be allowed to receive material copied from the Internet, including religious material. However inmates can only keep in their cell material that can be stored neatly in the storage bin of their bunk. The rest will be placed in storage with their other property. Also in the future the jail will not censor Biblical passages in letters sent to inmates (including material cut and pasted from the Internet), as apparently it had done in the past.

"In God We Trust" Proposal Withdrawn By City Commission In Florida

Kissimmee, Florida's City Commission last week changed its mind about a proposal to add "In God We Trust" to the city's logo. While the proposal passed on the first of two readings, public and business reaction caused the Commission to pass another resolution instructing city staff to stop work on designing the new logo. The Orlando Sentinel reported last week that the proposed ordinance was withdrawn after comments by its proponent, Commissioner Art Otero, caused the city to be ridiculed. Otero told a reporter that he proposed the change because he feared the country was moving toward "liberal postures such as homosexuality, gay marriage, abortion and the legalization of marijuana." Supporters of the ordinance are angry that they were not given notice of the proposal to kill the change, and they threaten a drive to get a referendum on the issue. [Thanks to Scott Mange for the lead.]

Activists Force Syrian Government To Shelve Proposed Personal Status Law

The August issue of Syria Today reports that civil rights activists have gotten the government to shelve a new secretly-drafted personal status law that would have codified conservative principles of sharia law. Opponents successfully argued that the proposed law violated Syria's constitution, interfered with rulings of religious courts and reversed progress on women's and children's rights. Among the proposed provisions were the creation of a new body that could involuntarily order a couple divorced if one of them converted out of the Muslim faith. It would have allowed interfaith marriages to be registered only if the husband agrees, and would have barred those without a religious faith from marrying. It would have lowered the permissible age for marriage to 13 for girls and 15 for boys, and would allow a husband to avoid paying for his wife's education if the education interfered with her "family obligations." The draft was seen as an attempt to force moderates to accept conservative interpretations of Islamic law.

Senate Rejects Charitable Donation of "Clunkers" In Extending Program

The U.S. Senate last Thursday approved a House bill that extended the "cash of clunkers" automobile purchase incentive program by appropriating an additional $2 billion for it. The Senate considered and defeated seven amendments. Unless the Senate passed the House bill without amendment, the program would effectively have been killed since the bill would have to go back to the House which is already in recess until September. (Washington Independent.) Among the amendments defeated was one by Oklahoma Sen. Tom Coburn that would have permitted car dealers to donate clunker trade-ins to 501(c)(3) non-profit organizations. (Full text of defeated amendment.)

Recent Articles of Interest

From SSRN:

• William A. Wooten, The Coach’s Pre-Game Prayer: Probably Wrong But Feels Right, (August 3, 2009).


• Thomas Charles Berg, Lemon v. Kurtzman: The Parochial-School Crisis and the Establishment Clause, (in Law and Religion Cases in Context, Leslie Griffin ed., Aspen Publishers, Forthcoming).


• Scott M. Noveck, The Promise and Problems of Treating Religious Freedom as Freedom of Association, (May 12, 2009).


• Carl H. Esbeck, Why the Supreme Court has Fashioned Rules of Standing Unique to the Establishment Clause, (Engage, Vol. 10, p.115, October 2009).


• Barbara P. Billauer, First Things, First - In the Creation of the Universe: A Conciliatory Translation of Genesis, (August 4, 2009).


• Leslie C. Griffin, Review Essay, (Journal of Law and Religion, Vol. 25, 2009).

From SmartCILP:

• Federalist Society's Church Autonomy Conference: "The Things that are Not Caesar's: Religious Organizations as a Check on the Authoritarian Pretentions of the State." Articles by Patrick McKinley Brennan, Carl H. Esbeck, Nicholas Wolterstorff, Ira C. Lupu, Robert W. Tuttle, Thomas C. Berg, Michael P. Moreland, John H. Mansfield & Douglas Laycock. 7 Georgetown Journal of Law & Public Policy 29-278 (2009). [Video of conference presentations from Federalist Society website.]
  

Recent Prisoner Religion and Free Exercise Cases

In Sterr v. Baptista, 2009 U.S. Dist. LEXIS 66039 (CD CA, July 20, 2009), a California federal district court rejected a challenge by a prisoner who practices Asatru/Odinism to the prison's decision to replace vegetation on sacred ground used by "earth-based religions" to all grass, and a change in schedule for access to classrooms and a sanctuary.

In Yaacov v. Collins, 2009 U.S. Dist. LEXIS 66479 (ND OH, July 31, 2009), an Ohio federal magistrate judge upheld a former prison policy that limited kosher meals to inmates who registered as Jewish when they entered the prison.

In Sokolsky v. Voss, 2009 U.S. Dist. LEXIS 67070 (ED CA, July 24, 2009), a California federal district court allowed a Jewish inmate to move ahead with his damage claim against officials (but only in their individual capacities) of a mental hospital to which he had been criminally committed. Plaintiff alleged that his rights under RLUIPA were infringed when during Passover he was furnished standard, rather than kosher-for-Passover, meals. He also claimed that he was subjected to discipline when he complained about the matter. In the lawsuit, plaintff seeks compensatory damages of $1 million and punitive damages of $4 million.

In Kaiser v. Shipman, 2009 U.S. Dist. LEXIS 67596 (ND FL, Aug. 4, 2009), a Florida federal magistrate judge recommended summary judgment for defendant in an inmate's challenge to prison regulations that allegedly interfered with his religious practices as an eclectic pagan. Plaintiff had claimed that denying him permission to possess tarot cards, runes, and an altar cloth or, alternatively, supervised access in the chapel at night to these items violated his rights under the 1st Amendment and RLUIPA. He also claimed equal protection violations because other inmates could possess secular items (playing cards and Scrabble tiles) and religious articles (Islamic prayer rugs) that were similar to the items he wanted.

In Aguirre v. Corrections Corporation of America, 2009 U.S. Dist. LEXIS 67771 (ND OH, June 5, 2009), an Ohio federal magistrate judge recommended dismissal for failure to exhaust administrative remedies objections by an inmate who changed his religious preference from Catholic to Jewish that he had not been allowed to participate in the kosher meal program or Jewish holidays.

In Boles v. Bartruff, (CO Ct. App., Aug. 6, 2009), a Colorado Court of Appeals in a 2-1 decision rejected a claim by a Jewish prisoner that he was denied due process at a disciplinary hearing when he was not allowed to question the complaining officer about her alleged anti-Semitism.

Christians- Muslims Disagree Over Kadhi Proposal For Kenyan Constitution

In Kenya, disagreement between majority Christians and the 10% Muslim population has broken out over a proposal to place in Kenya's new constitution provisions regarding Kadhi courts. According to yesterday's Christian Post, the proposal would go beyond confirming the existing regional Kadhi courts that adjudicate family law and inheritance matters for Muslims. The provisions would elevate the courts to a national level and extend their jurisdiction to civil and commercial matters between Muslims. However in an interview in The Nation, the secretary general of the Supreme Council of Kenya Muslims suggests that the proposal does not expand Kadhi jurisdiction.

Paper Profiles Principal Facing Contempt Charges Over Prayer

Today's Pensacola (FL) News Journal carries a fascinating lengthy profile of Frank Lay, long-time principal of Santa Rosa County (FL) Pace High School who faces criminal contempt charges for defying a temporary injunction against prayer and religious activity at his school. (See prior posting.) A large portrait of Gen Robert E. Lee hangs on the wall of Lay's office, and his credenza holds patriotic items and a Christian cross. Lay's 1800-student high school has been referred to by some over the years as "the Baptist Academy." School events featured prayers led by teachers, staff or outsiders they invited. Teachers offered Biblical interpretations, talked about their churches, gave assignments related to religion and encouraged students to attend religious clubs.

Obama Nominations for 3rd and 6th Circuits: What Do We Know of Their Views On Religion Issues?

President Barack Obama on Friday sent two nominations for vacant Court of Appeals judgeships to the Senate. (White House press release.) Nashville attorney and ERISA specialist Jane Stranch has been nominated for the 6th Circuit. Stranch has been active in the Episcopal Church, serving as a Vice-Chancellor for the Episcopal Diocese of Tennessee.

Federal district judge Thomas I. Vanaskie has been nominated for a vacancy on the 3rd Circuit. As a district judge since 1994 (chief judge since 1999) for the Middle District of Pennsylvania, he has written several opinions dealing with free exercise issues.

• The most important is Black Hawk v. Commonwealth of Pennsylvania, (2002), in which he held that a Native American holy man's free exercise rights were violated when Pennsylvania refused to grant him an exemption from a permit fee requirement for two black bears he kept. The bears were used by Dennis Black Hawk to perform religious ceremonies. The decision was affirmed by the 3rd Circuit, in an opinion (full text) written by now Supreme Court Justice Samuel Alito who at that time was a judge on the 3rd Circuit. In 2000, Vanaskie also wrote the opinion (full text) granting a preliminary injunction in the Black Hawk case.

Other free exercise opinions written by Vanaskie are:

• Williams v. Myers, (2000), [LEXIS link], rejecting an inmate's claim that he was denied parole for refusing to attend a religious-based drug and alcohol treatment program;
• Shahin v. College Misericordia, (2006) [LEXIS link], finding that Muslim faculty member failed to show religious or national origin discrimination in Title VII case;
• Khouzam v. Hogan, (2008), holding that an Egyptian Coptic Christian should have been given an opportunity to challenge Egypt's assurance that he would not be tortured if he was returned to Egypt where he had been convicted in abstentia of murder. The decision was vacated by the 3rd Circuit (full text of opinion) which agreed with the substance of Vanaskie's findings but disagreed with the remedy he granted; and
• Smith v. Kyler, (2008), [LEXIS link], rejecting a prisoner's claim under the constitution and RLUIPA that the prison should have furnished Rastafarian prisoners a weekly group prayer service led by a prayer leader. The decision was affirmed by the 3rd Circuit (full text of opinion).

11th Circuit Remands Asylum Case For Further Findings on Religious Persecution

In Kazemzadeh v. U.S. Attorney General, (11th Cir., Aug. 6, 2009), the U.S. 11th Circuit Court of Appeals in a 2-1 decision remanded for further fact finding a petition for asylum and withholding of removal filed by an Iranian man who had converted from Islam to Christianity. Judge Pryor, writing the majority opinion, said:

A denial of review will return the petitioner to the theocratic regime in Iran, but an erroneous grant of review could establish a precedent that rewards less than genuine fears of persecution based on religious conversion. ... The right course between the threats of Scylla and Charybdis is for the Board to reconsider the record, which contains important evidence that the Board failed to mention.... There is evidence that the law against apostasy is not often enforced in Iran, but neither the Board nor the Immigration Judge considered Kazemzadeh's testimony that Iranians who convert from Islam to Christianity avoid punishment by instead suffering persecution by practicing underground.

Judge Marcus concurred, but also wrote a separate opinion stressing, among other things, that "it is legal error to deny asylum on the basis of well-founded fear of religious persecution on the theory that an individual may escape discovery by abandoning his faith or hiding it and practicing his religion underground."

Judge Edenfield dissented on the religious persecution issue, arguing that having to practice religion underground to avoid punishment should not be seen as a form of persecution. He went on to conclude that the Board of Immigration Appeal acted reasonably in concluding that appellant had failed to demonstrate a pattern or practice of persecution against Christian converts in Iran. Finally he urged that on remand the Board of Immigration Appeals make a credibility determination as to the issue of the genuineness of appellant's conversion. Volokh Conspiracy discusses this latter point more fully. [Thanks to Alliance Alert for the lead.]

Feelings Run High Over Lodi CA Prayer Policy

Passions seem to be running high over Lodi, California City Council's decision that prayers delivered at the beginning of Council meetings should be non-sectarian. Yesterday's San Jose Mercury News reports that Council postponed Wednesday's scheduled discussion of the policy to a special meeting scheduled for Sept. 30. However competing demonstrators lined the sidewalk-- one side carrying signs saying "Keep them separate" and "Lodi is not a Christian town." The larger group-- some 300-- were on the other side of the issue, chanting "Jesus" and "Amen." The rally against current policy was sponsored by the national group, The Pray In Jesus Name Project. A 13-year old demonstrator said: "It's becoming harder and harder for the Christians. ... It's only because we support God that our country is as blessed as it is." Meanwhile inside Methodist minister, Rev. Alan Kimber, delivered a non-sectarian invocation-- a moment of silence and then thanks for our country's freedom to express different beliefs. When he ended with a simple "Amen", some members in the audience yelled out: "in Jesus name." (See prior related posting.)

County Wants Return of Settlement From Church of Universal Love and Music

After last week's drug raid at the Church of Universal Love and Music (see prior posting), Fayette County, Pennsylvania has now filed a motion in federal court seeking to recover from the Church the $75,000 the county paid in a settlement of a RLUIPA zoning lawsuit against it. The motion also seeks to enjoin the Church's holding any more concerts. According to yesterday's Pittsburgh Post Gazette , the county argues that the settlement agreement was violated when the church permitted drug use at the concert it sponsored. In the case the Church claimed denial of a zoning permit amounted to religious discrimination.

UPDATE: The Pittsburgh Tribune-Review reports that on Friday the court denied Fayette County's request for a temporary restraining order after church founder William Pritts agreed to not hold any events at the church over the weekend. The court set a hearing on a preliminary injunction for Thursday.

UPDATE 2: On Aug. 13, the federal district court issued a temporary injunction barring the church from holding any events that involve amplified music until a hearing on a permanent injunction is held in several months. (Pittsburgh Post-Gazette, 8/13).

Conservative Rabbi Sues Challenging Georgia's Kosher Food Labeling Act

Yesterday in Atlanta, Georgia, a rabbi filed a state court lawsuit challenging the constitutionality of Georgia's Kosher Food Labeling Act (OCGA Sec. 26-2-330 ff.). The complaint (full text) in Lewis v. Perdue, (Super. Ct. Fulton Co., filed 8/9/2009), claims that by defining "kosher food" as "food prepared under and of products sanctioned by the orthodox Hebrew religious rules and requirements," Sec. 26-2-330 ignores the different interpretations in different streams of Judaism as to what is kosher. This, the lawsuit contends, violates the constitutional rights of Rabbi Shalom Lewis who applies Conservative Jewish standards. The suit contends that the law as currently written violates the free exercise, establishment, equal protection and due process clauses of the U.S. and Georgia constitutions. The ACLU which filed the suit on behalf of Rabbi Lewis has issued a press release on the case.

Harvard Dean, Expert on Religion and Pluralism, Nominated for LSC Board

Martha L. Minow, who earlier this year was named Dean of the Harvard Law School, has now also been nominated by President Barack Obama to be a board member of the Legal Services Corporation. One of Minow's major research interests has been religion and pluralism. A White House press release yesterday announced that she is one of 5 individuals that have been nominated to the 11-member LSC board.

Iowa Bus System Removes Atheist Ads After Complaints Received

The controversy over ads on the side of buses placed by atheist groups has now moved to Des Moines, Iowa. WHO-TV News reported Wednesday that DART, the agency which operates buses in the city, is removing ads already on buses reading: "Don't believe in God? You are not alone." Even though conservative Christian ministers in the area have no objections to DART running the ads, DART acted after receiving a number of phone calls from individuals who were offended. DART says its advertising commission never approved them. Iowa Atheists and Freethinkers will receive a full refund of ad fees they paid. [Thanks to Scott Mange for the lead.]

UPDATE: The Des Moines Register reported Friday that DART has decided to put the ads back up, and to update its advertising policies to make clear that only ads that are obscene or profane will be banned.

Korea's Constitutional Court Upholds Ban on Columbaria Near Schools

Korea's Constitutional Court on July 30 upheld a law that bans locating a columbarium within 200 meters of a school. Indian Catholic reports the court held that the law can be applied to columbaria owned by religious organizations as well as those owned privately. The court said that a nearby columbarium is likely to have a negative emotional impact on students. The law banning construction near schools was enacted in 2007 after a Catholic Church won its battle in the Supreme Court under prior law to build a columbarium in the basement of its new building next to a school. The Catholic Diocese of Seoul issued a statement criticizing the court's decision, saying it infringes religious freedom.

Court Permits Forfeiture Of Dinosaur Adventure Land Properties For Taxes Due

In United States v. Hovind, (ND FL, July 29, 2009), a Florida federal district court permitted the federal government to move ahead with its criminal forfeiture of properties that make up Dinosaur Adventure Land (as well as related bank accounts) to cover back taxes of Christian evangelist Kent Hovind. Hovind is serving a 10 year prison sentence for failing to deduct payroll taxes for the employees of his Creation Science Evangelism organization. His wife was sentenced to one year. Hovind, operating as a corporation sole with a license from the "Kingdom of Heaven" under an arrangement set up by his associate, Glenn Stoll, claimed no taxes were due on his employees who he said were missionaries. (See prior posting.) Stoll had intervened in the forfeiture case to claim that he, as trustee, owned nine of the properties being forfeited. The court rejected that claim, finding that Stoll was merely the nominal owner of the properties for Hovind. However it upheld the claim of Hovind's son, Eric Hovind, to one piece of property. The court ordered sale of the properties piecemeal to realize the $430,400 due the government, with remaining properties returned to the Hovinds. A Pensacola News Journal article Tuesday gave further background.

Suit Claims Free Exercise Right For Parochial School Student To Be In Public School Band

In Burrell, Pennsylvania, a talented eighth-grade saxophone player and his family have filed a federal lawsuit against the Burrell School District alleging that musician Alexander Trefelner's free exercise rights are being infringed by school district policy. Yesterday's Pittsburgh Post-Gazette reports that Trefelner has decided to attend a Catholic high school next year instead of continuing in public school. Because of that, he will not be able to continue to participate in the public school's extracurricular band programs, even though home schooled and cyber-schooled students can. A bill pending in the state legislature would permit private school students to participate in these kinds of extracurricular activities, but it has not yet passed. Currently the decision is left to each school board. The lawsuit contends that the district is discriminating against Trefelner because he chose to pursue religious education. The school district says the issue is not that he attends a religious school, but rather that it is a private school.

Suit Charges Jewish Majority On School Board With Establishment Clause Violations

In Long Island, New York, attorneys for public school children have filed a federal lawsuit against the Lawrence School District claiming that the Orthodox Jewish majority on the board have implemented policies that violate the Establishment Clause. 5Towns Jewish Times yesterday reported that a major issue of contention is the decision by the board to close school Number 6 in Woodmere, the newest school in the district. Woodmere is also seen as being in the best physical condition and is the only handicapped accessible elementary school. Six of the seven Orthodox Jews on the board send their own children to Jewish religious schools. It is rumored that the closed school will be sold or leased to a yeshiva, or that proceeds from sale of the school will be used to pay for tax reductions for parents who send their children to non-public schools. However the school district says there are currently no plans for disposition of the school. The court denied a temporary restraining order that would have kept the school open, saying plaintiffs had little likelihood of success on the merits. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Criminal Contempt Charges Unsealed In Santa Rosa School Prayer Case

Yesterday's Pensacola (FL) News Journal reported that a federal judge on Monday unsealed criminal contempt charges against a high school principal and its athletic director who are charged with ignoring an injunction against faculty-led prayer. In January, nine days after U.S. District Judge Casey Rodgers issued a temporary injunction prohibiting the Santa Rosa County (FL) School District officials from promoting prayers during school-sponsored events, principal Frank Lay asked athletic director Robert Freeman to lead a prayer at the beginning of a luncheon at Pace High School. Lay was one of the named defendants in the lawsuit that led to a consent decree enjoining prayer at school activities and barred school personnel from promoting their own religious beliefs at school. Another contempt action, brought by the ACLU, is pending against a school district clerk who enlisted her husband to offer a prayer at a school banquet. (See prior posting.)

AT&T Pays $1.3 M In Religious Discrimination Case

The EEOC announced last week that a Satisfaction of Judgment was entered in an Arkansas federal district court in EEOC v. Southwestern Bell Telephone, LP. In the case, the EEOC sued AT&T alleging religious discrimination in violation of Title VII of the 1964 Civil Rights Act. In 2005, AT&T refused to allow the two Jehovah's Witness employees to take a vacation day to attend their annual religious convention, and then fired them when they took the time off anyway. In 2007, a jury awarded $756,000 in back pay and damages. The 8th Circuit rejected an appeal on procedural grounds. (See prior posting.) With interest, the judgment amount has grown to over $1.3 million. AT&T has now paid that amount.

Sudanese Woman Reporter Challenging Sharia Indecency Punishment

In Sudan, where sharia law is widely applied (background), journalist Lubna Ahmed al-Hussein wants to challenge the validity of applying public indecency laws-- with flogging as punishment-- to women who wear trousers. Middle East Online reported yesterday on Hussein's arrest, along with 12 other women who were wearing trousers, at a Khartoum restaurant. They are subject to punishment of up to 40 lashes. Ten others have already received this punishment. Hundreds of activists and political opponents have been demonstrating outside the court in support of al-Hussein. She argues that the indecency law is inconsistent with both the constitution and Islamic law. She says defiantly: "if the constitutional court says the law is constitutional, I'm ready to be whipped not 40 but 40,000 times." Hussein worked with the United Nations media office in Sudan, and may be entitled to immunity. She says she wants to waive her immunity to challenge the law, and has resigned her position. However one of her attorneys asserted her immunity anyway. The judge has adjourned the trial until September while the Sudanese foreign ministry rules on the immunity issue.

Minister Sentenced On Tax and Bank Fraud Charges

The Maryland U.S. Attorney's Office announced yesterday that former pastor Otis Ray Hope was sentenced to 37 months in prison, followed by 3 years of supervised release, on criminal tax charges and for conspiracy to commit bank fraud. He was also ordered to pay over $2.4 million in restitution. Hope was hired in 1996 as the senior pastor for Montrose Baptist Church in Rockville, Maryland where he supervised the Montrose Christian School and the parish's "English as a Second Language" Program. Hope formed his own company to take over the ESL program, and diverted over $950,000 of student tuition payments to his own and his family's personal use. He also failed to pay taxes on those amounts. Separately he filed a false application for exemption from federal taxes for Shiloh Ministries, and fraudulently obtained a $1.75 million bank loan for a Conference and Retreat Center for Shiloh Ministries.

Pro-Life Group Gets Non-Profit Status After IRS Questions

A press release issued yesterday by the Thomas More Society reports that the Internal Revenue Service has issued a Determination Letter granting Section 501(c)(3) tax exempt status to the newly formed Coalition for Life of Iowa. Earlier the IRS questioned the "educational" nature of the Coalition's materials, prayer meetings, talks and other Pro-Life activities. Apparently the IRS also suggested that in order to receive 501(c)(3) status, the Coalition had to agree to limit its "picketing" and "protesting" of Planned Parenthood. (See prior posting.) (Full text of IRS correspondence.) A legal memorandum on behalf or the Coalition argued that the IRS requests "come perilously close to violating the First Amendment constitutional rights of the Coalition's supporters...."

En Banc Rehearing Sought In Washinton State Pharmacy Board Conscience Case

Last week, a Washington state pharmacy filed a petition and an accompanying legal memorandum (full text) with the 9th Circuit Court of Appeals seeking an en banc rehearing in Stormans Inc. v. Selecky. Last month, a 3-judge panel in the case refused to preliminarily enjoin 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. (See prior posting.) A press release from Becket Fund reports on the filing.

IRS Proposes Rules To Clarify Who May Authorize Church Audit

BNA Daily Report for Executives [subscription required] reports that the Internal Revenue Service, in proposed regulations that will be published in tomorrow's Federal Register, is attempting to clarify which high level Treasury official has authority to make a determination under IRC Sec. 7611 that there are reasonable grounds to begin a church tax inquiry. [Full text of REG-112756-09 via BNA (subscription required)]. The Code section, in an attempt to obtain an objective appraisal of the need for this type of delicate examination, requires that a "reasonable belief" determination be made by an official whose "rank is no lower than that of a principal Internal Revenue officer for an internal revenue region." A 1998 IRS reorganization created confusion over who that official should be. In February, a Minnesota federal district court held that the Director of Exempt Organization Examinations was not a high enough official to satisfy the statutory requirement. (See prior posting.) The new regulations propose giving the authority to the Director of Exempt Organizations. BNA's Daily Report for Executives [subscription required] reports that there are likely to be many comments from the non-profit sector on the proposal.

UPDATE: Here is the full text of the proposal from the Aug. 5 Federal Register.

Virginia Saudi Academy Gets Zoning Exemption

Yesterday, by a vote of 6-4, the Fairfax County, Virginia, Board of Supervisors agreed to grant the Islamic Saudi Academy a zoning exemption so it can expand its second campus. The Washington Post reports that this will allow the school to eventually enroll 500 more students. Currently around 1000 attend, 80% of whom are U.S. citizens. The Academy is the only Saudi-government funded school in the U.S. It has revised its curriculum several times in recent years after high-profile criticism of references in textbooks to intolerance and violence. (See prior posting.) However the curriculum is still guided by Wahhabist ideas. (See prior related posting.)

Rabbi Pleads Guilty In Charitable Tax Fraud Scheme

The U.S. Attorney's Office for the Central District of California announced yesterday that a Brooklyn, New York rabbi has pled guilty to conspiring to obstruct the Internal Revenue Service by soliciting charitable donations with secret promises to refund up to 95% of the funds to the donors. Naftali Tzi Weisz, the Grand Rabbi in Boro Park of the Spinka Hasidic dynasty, along with several associates and five charitable organizations, were indicted in 2007 in the scheme under which donors falsely claimed the entire amount of their "donations" as tax deductions. Spinka realized over $744,000 from the scheme. Three of the donors have already pled guilty to tax evasion, and Weisz’s assistant, Gabbai Moshe E. Zigelman, has already been sentenced to 2 years in prison for his part in the conspiracy. Four California men who were part of the money laundering scheme were also scheduled to plead guilty yesterday.

Federal Magistrate Rejects Free Exercise Challenge To Marijuana Laws

In Hutchinson v. State of Maine, (D ME, July 20, 2009), a Maine federal magistrate judge recommended rejecting a free exercise challenge to Maine's prohibition on the cultivation of marijuana. Plaintiff James Hutchinson, who had been convicted on marijuana charges, brought a civil suit challenging the law. He claimed to be a member of The Religion of Jesus Church which has as a sacrament the use of cannabis. The court concluded that prior precedent precludes relying on the First Amendment or on the Maine Constitution's free exercise protections to invalidate marijuana laws. Today's Lewiston (ME) Sun Journal reports on the decision.

Israeli Gays Say Orthodox Created Culture That Led To Shooting Last Week

Time reported yesterday that in Israel, police are conducting a manhunt throughout Tel Aviv seeking the masked gunman who killed two and wounded 15 at a gay youth organization's headquarters on Saturday night. Haaretz said that the gunman stormed into a basement room in the Tel Aviv Gay and Lesbian Association building and opened fire on teenagers attending a weekly support group meeting. The gay community charges that anti-gay incitement by Orthodox Jewish rabbis and politicians created an atmosphere conducive to the shooting. Tel Aviv is a favorite vacation spot for gay tourists, and the Israel Ministry of Tourism has a marketing campaign specifically directed to the gay community. However Tel Aviv is just west of the ultra-Orthodox city of Bnei Brak. While Israel's chief rabbis, and the Orthodox Shas Party, have all strongly condemned the shootings, there has been an ongoing culture war between gays and the Orthodox. Last year, a former Shas Party Health Minister blamed a series of small earthquakes on the rise in homosexual activity.

Jewish School's Appeal Will Be One of the First In Britain's New Supreme Court

In Britain beginning Oct. 1, a new Supreme Court will take over the appellate jurisdiction that has traditionally been exercised by the House of Lords. The change was authorized by the Constitutional Reform Act 2005. (Background.) One of the first case that will be heard by the new court is an appeal by London's Jewish Free School of a controversial decision striking down its admissions policy. In June, the Court of Appeal held that the 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. At issue is whether the school can use the traditional Orthodox Jewish definition of who is Jewish that requires either the individual be born of a Jewish mother, or else that the person has been converted in accordance with Orthodox Jewish law. (See prior posting.) The Jerusalem Post reports that the House of Lords on Monday agreed to allow an appeal by the school. [Thanks to Steven H. Sholk for the lead.]

New Iqbal Pleading Standard Leads To Dismissal of Part of School-Music Lawsuit

In S.D. v. St. Johns County School District, (MD FL, July 29, 2009), a Florida federal district court applied the Supreme Court's new pleading standards announced in Ashcroft v. Iqbal to dismiss a portion of a lawsuit claiming that a school's music program violated free exercise and establishment clause constraints. The suit alleged that three Florida public school music teachers chose songs that were religious in nature for students to perform. (See prior posting.) The lawsuit was brought against the school district. It was also brought against the school principal and three teachers in their individual, as well as their official, capacities. (Full text of amended complaint.) The court held that the claims against defendants in the individual capacities did not meet the Iqbal test and so dismissed them as defendants. However the court refused to dismiss claims against the school district. Yesterday's Jacksonville (FL) News reported on the decision.

Russian Supreme Court Bans Radical Islamic Group

Interfax reported yesterday that the Appeal Board of the Russian Supreme Court has banned all activities in Russia of the Islamic group, Tablighi Jamaat. Upholding a finding by the Prosecutor General's Office that Tablighi Jamaat is an extremist group, the Court found that the group's advocacy of a Global Caliphate "threaten[s] interethnic and inter-religious stability in Russian society and territorial integrity of the Russian Federation."

USCIRF Writes Clinton Urging Her To Raise Religious Freedom Issues In Africa

Secretary of State Hillary Clinton will begin a ten-day trip to seven African countries beginning August 4. (State Department briefing.) The U.S. Commission on International Religious Freedom has written Clinton asking her to raise religious freedom issues when she visits Nigeria, and when she meets with Somalian officials at the AGOA Forum in Kenya. The letter (full text) points to sectarian violence in Nigeria and the introduction of Sharia law in some Nigerian states. In Somalia, USCIRF is concerned about infringements of religious freedom and issues relating to the implementation of Sharia law.

Italy Approves Use of RU-486 Amidst Threats of Excommunications

CathNews today reports that the Italian Pharmaceuticals Agency (AIFA) on Thursday approved the use of the abortion drug Mifepristone, also known as RU-486. AIFA required that it be administered only in a hospital setting. Monsignor Elio Sgreccia, Pope Benedict XVI's top expert on bioethical issues, said that the Church would excommunicate any doctor who prescribes the drug and any woman who takes it.

Drug Raid On Church of Universal Love and Music Leads to 22 Arrests

In Fayette County, Pennsylvania on Saturday, the County Drug Taskforce arrested 22 people in a raid on the Church of Universal Love and Music. Yesterday's Pittsburgh Post-Gazette reports that the raid took place during a 3-day music festival attended by around 800 people. Earlier this year, the church entered a settlement in a suit brought by it under RLUIPA challenging the county's denial of zoning permission for it to use property in an agricultural area for religious concerts. Under the settlement the Church may host up to 12 event per year, with a maximum crowd of 1,500 at each. The county claimed that the organization was actually operating as a music business rather than as a church. (See prior posting.)

UPDATE: Monday's Pittsburgh Tribune-Review has a more detailed story, indicating that 23 people were arraigned overnight Saturday as a result of the raid. It reports that the raid "resulted in ... the seizure of enough marijuana, hash brownies, hallucinogenic mushrooms, LSD, laughing gas and drug paraphernalia to pack two storage trailers with a capacity of about 3,000 pounds."

Court Says Atheists Challenging School Program May Not Proceed Anonymously

In Freedom from Religion Foundation v. Creek, 2009 U.S. Dist. LEXIS 65818 (D CO, July 22, 2009), a Colorado federal magistrate judge denied plaintiffs' request that they be allowed to proceed using pseudonyms. Plaintiffs were atheists who were challenging as a violation of the Establishment Clause a Colorado school district's adoption of a program known as "40 Developmental Assets." Plaintiffs cited public views toward atheists and the fact that their children were parties to the case. The court held that a mere unsubstantiated potential for adverse public reaction does not justify proceeding anonymously. In particular, the court concluded that the children were not necessary parties to the litigation and criticized plaintiffs for bringing them in unnecessarily to justify the parents' proceeding under pseudonyms. The amended complaint in the case was filed after an earlier complaint challenging the same program was dismissed. (See prior posting.)

Recent Articles of Interest

From SSRN:

• Anthony Bessette, Regulating and Punishing Adultery in Korea and East Asia, (July 27, 2009).
• Nomi Maya Stolzenberg, Board of Education of Kiryas Joel Village School District v. Grumet: A Religious Group's Quest for its Own Public School, (Law and Religion: Cases In Context, Gregory Alexander & Eduardo Penalver, eds., Aspen, 2010).
• Andrew M.M. Koppelman, Religious Establishment and Autonomy, (Constitutional Commentary, Vol. 25, 2009).
• Frederick Mark Gedicks, American Civil Religion: An Idea Whose Time Is Past, (March 2009).
• Zhong Zewei, Racial and Religious Hate Speech in Singapore: Reclaiming the Victim's Perspective, (Singapore Law Review, 2009).

From SmartCILP and elsewhere:

• Karima Bennoune, Toward a More "Courageous Politics" At the 60th Anniversary of the UDHR: Talking About Muslim Fundamentalism in the West, 24 Maryland Journal of International Law 125-134 (2009).
• Ayelet Blecher-Prigat & Benjamin Shmueli, The Interplay Between Tort Law and Religious Family Law: The Israeli Case, 26 Arizona Journal of International & Comparative Law 279-301 (2009).
• Daniel J. H. Greenwood, Faith Based Investing: Are Shares Entitled to the Residual?, 24 Research in Law & Economics 91-130 (2009).
• Ken Matheny, Catholic Social Teaching on Labor and Capital: Some Implications for Labor Law, 24 St. John's Journal of Legal Commentary 1-52 (2009).
• Mark Tushnet, Heller and the Critique of Judgment, 2008 Supreme Court Review 61-87.
• Symposium: Establishment and Fairness, 25 Constitutional Commentary 241-320 (2008).

India's High Court Prospectively Bars Shrines On Public Land

Merinews and the Calcutta Telegraph report on a decision handed down Friday by a 2-judge panel of the Supreme Court of India regarding the building of religious shrines. The decision involved an appeal by the Central government of an order against the government of Gujarat requiring it to remove all religious shrines that encroach on public land. The Apex Court ruled that existing shrines need not be relocated, but ordered the Solicitor General to draft guidelines to prevent future construction of shrines that encroach on public land.

Suit Threatened Against British Photographer Who Used Church For Photo Shoot

In Cornwall, England, attorneys for the vicar of the 13th century Anglican church in St. Michael Penkivel have threatened photographer Andy Craddock with legal action. Yesterday's London Daily Mail reports that Craddock and his girlfriend walked into the open church building with two models who posed for an erotic photo shoot, using the the church interior as a backdrop. Rev. Andrew Yates's solicitor says that the photos, published on Craddock's website, are blasphemous and has threatened to sue Craddock for trespass. He says public access to the church is only for worship or related church activities and that Craddock did not have permission for the photography session. In 2005, the church was used to film Rowan Atkinson's comedy about a serial killer, Keeping Mum. Craddock said: "How is it worse having someone naked in the church than having a film set there about murder and death? If the parishioners are upset by the naked girls on their altar, why are they not as upset about murders set around the church and the village?"

Establishment Clause Challenge To Homeless Shelter Lease and Sale Moves Ahead

In Community House, Inc. v. City of Boise, 2009 U.S. Dist. LEXIS 65958 (D ID, July 29, 2009), an Idaho federal district court refused to grant defendants summary judgment and allowed plaintiffs to move ahead on their Establishment Clause challenge to the city of Boise's lease and eventual sale of a homeless shelter to Boise Rescue Mission. The court also permitted a challenge under Idaho's constitution to move ahead. Among other violations alleged in the lawsuit was religious discrimination in violation of the federal Fair Housing Act. However the court concluded that nothing had been presented by plaintiff to support the allegation. The decision dealt with a number of other discrimination claims as well growing out of the lease and sale. A preliminary injunction had already been granted during the lease and before the sale involved in the case. (See prior related posting.)

Religious Discrimination Challenges To Placement On No-Fly List Dismissed

In Ibrahim v. Department of Homeland Security, 2009 U.S. Dist. LEXIS 64619 (ND CA, July 27, 2009), Rahinah Ibrahim, a Muslim woman who is a citizen of Malaysia and was a graduate student at Stanford University in 2005, challenged the placement of her name on the Transportation Security Administration's no-fly list and her treatment at the San Francisco airport. This decision involves Ibrahim's amended complaint after a decision on various issues in the case by the 9th Circuit. Ibrahim claimed that placing her name on the no-fly list violated her right to freely exercise her religion, her right to freely associate with other Muslims and Malaysians, her right to be free from unreasonable searches and seizures, and her rights to equal protection and procedural due process. The court, however, held that since Ibrahim had now returned to Malaysia, she cannot maintain her action for future relief because the Constitution does not apply extraterritorially to protect non-resident aliens outside the country.

As to Ibrahim's claim for damages on the basis of her past treatment at the San Francisco airport, under the Supreme Court's recent decision in Ashcroft v. Iqbal her allegations were not strong enough to create a plausible case of religious and national origin discrimination. This claim was dismissed with leave to amend after discovery in other aspects of her case. Her claim that her hijab was temporarily removed by a police officer searching her was not sufficient to state a claim for violation of religious expression. Ibrahim was permitted to proceed against airport, police and city officials on claims of false imprisonment and interference with civil rights, and against all defendants on Fourth Amendment and emotional distress claims.

Recent Prisoner Free Exercise Cases

In Smith v. Ozmint, (4th Cir., July 31, 2009), the U.S. 4th Circuit Court of Appeals held that the South Carolina Department of Corrections had not justified under RLUIPA its policy of forcibly shaving the heads of maximum security inmates who wear long hair as a matter of religious belief. At the summary judgment stage, defendants had not shown that the policy furthers a compelling governmental interest in space utilization, hygiene, and security by the least restrictive means.

In Mayo v. Norris, 2009 U.S. Dist. LEXIS 63515 (ED AR, June 26, 2009), an Arkansas federal magistrate judge recommended that an inmate be permitted to proceed against several state corrections officials. Plaintiff claims that defendants' enforcement of a Department of Corrections policy prohibiting the use of tobacco violates his free exercise rights.

In Perkins v. Booker, 2009 U.S. Dist. LEXIS 64092 (WD MI, May 29, 2009), a Michigan federal magistrate judge recommended rejecting a summary judgment motion filed by two defendants in a prisoner's claim against them charging infringement of his Free Exercise rights and his rights under RLUIPA. At issue was whether plaintiff was properly removed from the prison's kosher food program.

In Brown v. Unfried, 2009 U.S. Dist. LEXIS 64520 (SD IL, July 27, 2009), an Illinois federal district court refused to strike plaintiff's free exercise claim finding that allegations the Madison County Jail refused to accommodate plaintiff's observance of Ramadan are separate from a retaliation claim filed by plaintiff.

In Forde v. Zickefoose, 2009 U.S. Dist. LEXIS 65616 (D CT, April 2, 2009), a Connecticut federal district court refused defendants' motions for summary judgment and permitted a woman federal prisoner who had converted to Islam to move ahead with her claims under RLUIPA and the First amendment. Plaintiff objected to prison policies that subject her to non-emergency pat-down searches by male guards, compel her to use an identification photo that shows her without her hijab, and which fail to provide a qualified imam for weekly jum'ah prayer services.

Religion News Service yesterday reported more broadly on the issues involved in prisoner access to religious materials.

Developments In Two Faith Healing Trials

There have been developments in two separate cases in which parents who relied on faith healing instead of seeking medical assistance were charged in the deaths of their children. In Wausau, Wisconsin, Dale Neumann was convicted Saturday of second degree reckless homicide in the 2003 death of his daughter. AP reports on the conviction in the death of eleven-year old Madeline Neumann who was suffering from undiagnosed diabetes. She died in a coma on the floor of the family's rural home, surrounded by people praying for her. The girl's mother was already convicted in a separate trial. Sentencing will be Oct. 6. The couple faces up to 25 years in prison. (See prior related posting.) [Thanks to Scott Mange for the lead.]

Meanwhile, in Oregon City, Oregon Friday, Craig Worthington, who was acquitted last month of all charges except second degree criminal mistreatment in the death of his 15-month old daughter (see prior posting), was sentenced to two months in jail and 5 years probation. He was also ordered to provide medical care for his other children. AP reported on the sentencing. Friday's Salt Lake Tribune also discusses the case.

New IRS Form 990 Pushes Non-Profits To Comply With State Rules

Beginning this year, a newly designed IRS annual return on Form 990 must be filed by non-profits. While churches and various church-affiliated organizations are exempt from filing the form, other religious organizations must do so. An article yesterday in On Philanthropy , as well as an earlier article in Nonprofit Business Advisor, point out that among the new questions on Form 990 is Section C, Line 17 asking for a list of all states in which a copy of the federal Form 990 is required to be filed. This effectively requires the non-profit to list all states where its compliance with state charity registration laws is necessary. Schedule G , Question 3, asks where the organization is registered or licensed to solicit funds. The articles say that in the past many charities have ignored state requirements, but the new federal Form 990 questions are likely to change that. Organizations will need to determine whether their activity-- particularly their online activity-- amounts to a solicitation in various states. They will also need to look closely at the widely differing exemptions from state to state.

5th Circuit Says Ban On Santeria Sacrifices Violates Texas RFRA

In Merced v. Kasson (consolidated with Merced v. City of Euless) , (5th Cir., July 31, 2009), the U.S. 5th Circuit Court of Appeals held that a city's prohibition of animal sacrifices essential to Santeria religious practice violates the Texas Religious Freedom Restoration Act (TRFRA). Jose Merced, a Santeria priest, had been ritually sacrificing sheep, goats and turtles in a room attached to his garage approximately once a year for 16 years without incident when the city of Euless, Texas informed him that he could no longer do so under its ordinances. Merced sued seeking an injunction to prevent enforcement of the ordinances against him.

Reversing the trial court, the 5th Circuit concluded that the ordinances substantially burden Merced's free exercise of religion. It also concluded that (while a close case) the city failed to show that it had a compelling interst in barring Merced's activities, and that the ordinances completely banning Merced's slaughter of four-legged animals are not the least restrictive means of carrying out the city's interests. The district court had found no burden, saying Merced had not proven that orishas required sacrifices to be located at his home. (See prior posting.) The 5th Circuit said, among other things, that "predicating a substantial burden on the results of a religious ceremony (divining the will of the orishas) impermissibly allows judges to evaluate the intricacies of a religious practice." By relying on TRFRA, the court avoided having to deal with the constitutional free exercise claim that Merced had also raised. Yesterday's Fresno Bee, reporting on the decision, says that the city of Euless plans to seek a rehearing.

UPDATE: A press release on the case from Becket Fund links to briefs in the case and to a recording of the oral arguments.

Authorities Investigating Muslim Violence Against Christians In Pakistani City

In Pakistan's province of Punjab, in the city of Gojra, violence broke out Saturday between Muslim extremists (members of the banned Sipah-e-Sahaba group) and Christians. AP reports that hundreds of Muslims began torching Christian homes after a false report that a Quran had been defaced. At least six Christians (including a child) were killed and ten were wounded. Subsequently shots were fired on a peaceful Muslim procession passing a Christian neighborhood. Paramilitary forces were sent to assist police. According to Geo News, Punjab’s Chief Minister, Shahbaz Sharif, promising harsh punishment of those who took the law into their own hands, has ordered a judicial inquiry into the incident.

UPDATE: The New York Times on Sunday posted a more personalized account of the situation in an article titled Hate Engulfs Christians in Pakistan.

Vietnam Orders Buddhist Monks To Leave Monastery

The New York Times today reports on the standoff between Vietnamese authorities and Buddhist monks at Bat Nha Monastery. They were ordered last October by the chairman of Vietnam’s National Committee on Religious Affairs to leave the monastery. The monks, who are followers of Zen master Thich Nhat Hanh, have been training other monks there since 2005 after Hahn—who developed the philosophy called Engaged Buddhism-- was welcomed back from 39 years of exile in France.

The monastery’s problems with authorities began after Hanh made statements in support of the Dalai Lama and urged broader religious freedom in Vietnam. In ordering Hanh’s followers to leave, the government claimed that Plum Village, Hanh’s monastery in southern France, had published false information about Vietnam on its website. On June 27, power was cut to the Monastery compound and two days later a mob threw rocks and animal excrement at an official Buddhist delegation that came to investigate. Government authorities say the problems are caused by disputes between Hanh’s followers and Abbot Duc Nghi, the original owner of the property at Bat Nha. Hanh’s followers have invested over $1 million in expanding the monastery compound.

10th Circuit Denies En Banc Review In 10 Commandments Case By 6-6 Vote

By a vote of 6 - 6 yesterday, the judges on the U.S. 10th Circuit Court of Appeals denied an en banc rehearing in a Ten Commandments case. The 3-judge panel had invoked the Establishment Clause to invalidate a display of the Ten Commandments on the courthouse lawn in Stigler, Oklahoma. (See prior posting.) In Green v. Haskell County Board of Commissioners, (10th Cir. en banc, July 30, 2009), two dissenting opinions to the denial of en banc review were filed. Judge Kelly's dissent, joined by Judges Tacha and Tymkovich said:

The Court’s decision in this case perpetuates a regrettable misapprehension of the Establishment Clause: that recognition of the role of religion in this country’s founding, history, traditions, and laws is to be strictly excluded from the civic sphere.... The opinion strongly suggests that Ten Commandments displays authorized by small-town commissioners who harbor personal religious beliefs are unconstitutional establishments of religion. Such a conclusion is not only inconsistent with the original meaning of the Establishment Clause, but is also plainly contrary to the Supreme Court’s precedent in Van Orden v. Perry....

A second dissent written by Judge Gorsuch and joined by Judges Tacha, Kelly and Tymkovich criticized the panel's application of the Lemon test and went on to contend:

[By] making us apparently the first court of appeals since Van Orden to strike down an inclusive display of the Ten Commandments, the panel opinion mistakes the Supreme Court’s clear message that displays of the decalogue alongside other markers of our nation’s legal and cultural history do not threaten an establishment of religion.

As is typical, none of the judges voting to deny review wrote an opinion. [Thanks to Peter Irons for the lead.]

IRS Is Investigating Virginia Church

According to the Washington Post, the IRS is investigating Sterling, Virginia's Calvary Temple. (Washington Post background article on Calvary Temple.) The investigation is apparently focused on Pastor Star R. Scott who controls the church's $8.5 million in real estate and hundreds of thousands of dollars of autos used in a "racing ministry." Scott told his congregation that 8 IRS agents interviewed him for five hours earlier this month. They asked about church credit cards that he uses for vacation homes, travel and entertainment. They also sought information about the church's K-12 school, apparently concerned whether supposed donations from parents should really be treated as tuition for tax purposes. The school charges no formal tuition.

Nigerian Islamist Leader Killed In Police Custody

Nigeria's Vanguard yesterday reported that Mohammed Yusuf, head of the fundamentalist Islamic group Boko Haram, has been killed after being taken into police custody. Recent violence in northern Nigeria by Boko Haram rebels has killed some 300. (See prior posting.) After the announcement of Yusuf's death yesterday, Nigerian President Umaru Yar'Adua told northern governors to mobilize traditional and religious leaders to oppose the Boko Haram. In particular, the President wanted governors to encourage religious leaders to preach on the dangers of extremist groups at Friday Juma'at services in all Mosques. Meanwhile, Reuters has published a Q&A on the Boko Haram (which means "Western education is sinful") and on the recent violence in Nigeria.

Settlement Reached In Church's Use of Pensacola FL Park

Alliance Defense Fund yesterday announced that a settlement has been reached in the lawsuit brought against the city of Pensacola, Florida by St. Faustina Old Catholic Church challenging restrictions on use of a downtown park for a weekly picnic by a Bible study group that shared its food with the hungry. (See prior posting.) Apparently under the settlement, the church will be allowed to hold picnics in the park during summer months, but concern about preserving park grass has led to a ban on use by large groups during the winter.

Some Polish Catholics Protest Upcoming Madonna Concert

August 15 is the Catholic feast of the Assumption of the Holy Virgin Mary. Freemuse and Indeks 73 both report this week that in Poland, conservative Catholics are protesting the Madonna concert scheduled for that day in Warsaw. Appeals are being made to the President of the city Warsaw, the mayor of Bemowo (the Warsaw district where the concert is going to take place) and the Minister of the Interior and Administration to convince them to cancel or postpone the concert. Unum Principium Association spokesperson Krzysztof Zagozda says the scheduled concert is "an Anti-Christian provocation." In addition to the timing, an online petition says that some of Madonna's shows feature her climbing a cross, contain obscene gestures and promote homosexuality. Janusz Kochanowski, spokesperson for Citizens' Rights, says the concert will hurt the "religious feelings" of Catholics in violation of the Art. 196 of Poland's Criminal Code (link to Polish version). Others however say that cancelling the concert would infringe the dissemination of artistic creation in violation of Art. 73 of the Polish Constitution.

Judge Allows Temporary Occupancy of Synagogue After Code Controversy

The Middletown (NY) Times Herald-Record yesterday reported on a building code controversy between the town of Bethel, New York and the local Satmar Bungalow Colony of Hasidic Jews. Apparently town building inspector Tim Dexter issued a building permit for a synagogue and community center building without plans havng gone through the town Planning Board. Brooklyn-based United Talmudical Academy rapidly constructed the building and began using its upper floor prayer space before obtaining a certificate of occupancy. The basement is not yet finished. Dexter inspected the building as it was being built and was ready to issue a temporary certificate of occupancy when town Supervisor Dan Sturm had the city issue a stop work order and an order to vacate the building. The synagogue sued.

After County Court Judge Frank LaBuda personally toured the building, he granted a six-week temporary occupancy certificate, and ordered UTA to allow engineers into the building. According to the River Reporter, the judge had some safety concerns, such as door opening inward instead of outward, but he allowed the building to be used temporarily for religious purposes. No meals or other activities may take place there. Meanwhile the Town board has ordered an investigation of the town's Building Department. Lawyers and engineers will look into 6 to 10 projects.

UPDATE: Judge LaBuda has filed a written opinion granting the temporary occupancy certificate. It is United Talmudical Academy Torah V'Yirah, Inc. v Town of Bethel, (Sup. Ct. Sullivan Co., Aug. 24, 2009).

Navy Affiliated Website Ends Ban On Religious Discussion Groups

Last month, Liberty Counsel complained to the Navy about the discussion board Guidelines on its Navy for Moms website. They banned religious discussions and the creation of religious discussion groups on the site. (See prior posting.) On Wednesday, Liberty Counsel announced that the Guidelines have been modified. In a letter (full text) to Liberty Counsel, the Navy says it is removing restrictions on religious and political debate. The new Community Guidelines do provide: "Slurs, stereotyping, hate speech, and other forms of discrimination based on any race, color, religion, national origin, disability, or sexual orientation are not permitted. This is not a venue for you to harass or personally attack others."

Federal Claims Court Agrees That Religious Foundation Is Not A "Church"

In Foundation of Human Understanding v. United States, (Fed. Cl., July 21, 2009), the U.S. Court of Federal Claims agreed with the Internal Revenue Service that the Foundation of Human Understanding, while qualifying as a non-profit organization, had lost its status as a "church" under IRC § 170(b)(1)(A)(i). This determination meant that the organization became subject to the rules for private foundations in IRC § 509. The IRS has developed 14 criteria to use in determining church status. While the Foundation met some of these, the court held that it did not meet the threshold requirement that it "serve an associational role in accomplishing its religious purpose." It concluded: "The extent to which Foundation brings people together to worship is incidental to its main function which consists of a dissemination of its religious message through radio and internet broadcasts, coupled with written publications."

Atheist Delivers Protest Invocation At County Commission Meeting

On Tuesday in Cobb County, Georgia, Edward Buckner, president of American Atheists and candidate for state Attorney General, used the invocation time at the county Board of Commissioners meeting to stage a protest against invocations. Today's Atlanta Journal Constitution reports that Bruckner requested that he be allowed to deliver the invocation, and that Commission chairman Samuel Olens granted the request. At Tuesday's meeting Olens told those in attendance that federal law requires him to allow anyone who signs up to deliver the invocation. In his remarks, atheist Buckner announced that he was speaking for "the 700,000 people who live in this county — especially the majority (yes, over half) of those 700,000 who are not members of any church, mosque, temple, or other religious organization,." He went on: "I speak as well for those political leaders who despair that success in politics cannot be achieved without hypocritical piety from politicians and who would prefer to run for office and to govern based on competence and political philosophy rather than on beliefs, real or pretended, in any supernatural beings." Chairman Olens said he found Bruckner's comments "repugnant and insulting."

AU Wants Senate Committee To Question Army Head Nominee On Church-State Issues

Today, the Senate Armed Services Committee holds a hearing to consider the nomination of John M. McHugh as Secretary of the Army. McHugh is currently a Republican member of the House of Representatives from New York, and was previously the ranking member of the House Armed Services Committee. He was nominated in June by the President. In a press release earlier this week, Americans United questioned McHugh's views on church-state matters. In a letter to the Committee (full text), AU urged that the hearings "ascertain the nominee's views on the pervasive problem or religious coercion and proselytizing in the U.S. military." The letter says that McHugh's voting record in the House on these issues is troubling.

UPDATE: Blog from the Capital reports that at his confirmation hearing, the only question directed to McHugh about religion in the military was one by Senator Jack Reed who asked about religious freedom for soldiers. McHugh responded by saying that military chaplains "must be sensitive" to the diversity of troops and must avoid proselytization except in church services conducted on personal time.

Jordan's Parliament Split On Religious Groups Under Societies Act

For a year, Jordan's Parliament has been debating amendments to the Societies Act which governs the operation of civil society organizations. (Background). Today's Jordan Times reports that the latest controversy surrounds a government proposal, approved by the Senate but rejected by the House of Representatives, that would allow all non-Muslim organizations to operate in the country under the law. Deputies who opposed the provision say it would open the way for the licensing of Jewish organizations. They instead approved a provision that would only allow Christian non-profits, in addition to Muslim ones. Minister of Justice Ayman Odeh says that limiting the law to Christian groups is inconsistent with language in the Constitution. It also creates problems for some churches already working in Jordan that are not considered "Christian" by the country's Council of Churches. Next week, the two houses of Parliament will meet in a joint session to consider the matter, as required by Jordan's constitution when there has been a disagreement between chambers.

Faith-Based Alternatives To Traditional Insurance Pose Issue Under Reform Legislation

Amidst the many complexities of health care reform is the little-noticed problem of faith-based health care sharing ministries. BeliefNet yesterday reported on the concern of these Christian groups over whether they will be considered appropriate insurance under the insurance mandate that is likely to be in new legislation. These religious groups pass on monthly fees from members to other participants who have incurred medical expenses. Some 100,000 Christians have chosen this as an alternative to traditional health insurance. They see it as responding to the mandate to help fellow-believers. Some insurance officials, however, are concerned that there is no guarantee these cost-sharing ministries will in fact cover participants' expenses.

IRS Drops Church Investigation Until Procedural Problems Are Resolved

The Internal Revenue Service earlier this month sent a letter (full text) to the Minnesota-based Warroad Community Church indicating that it is closing an ongoing investigation of the church "because of a pending issue regarding the procedure used to initiate the inquiry." Presumably the procedural problem stems from a decision by a Minnesota federal district court in January holding that IRS rules have improperly delegated authority to open a church tax inquiries. (See prior posting.) According to an Alliance Defense Fund release, Warroad Pastor Gus Booth was one of those participating in ADF's Pulpit Initiative to openly challenge the constitutionality of the 1954 Johnson Amendment which precludes tax exempt non-profit organizations from endorsing or opposing political candidates. Booth had sent copies of two of his sermons to the IRS. AP reports that Pastor Booth plans to continue preaching about politics. The IRS letter says that it may open a new inquiry once procedural issues are resolved.

Tarek ibn Ziyad Academy Counterclaims Against ACLU

In Minneapolis (MN) yesterday, the Tarek ibn Ziyad Academy, a charter school being sued for promoting Islam, filed a counterclaim against the ACLU. Last week, a federal district court upheld the ACLU's standing to bring an Establishment Clause claim against the school. (See prior posting.) Now, according to the Minneapolis Star-Tribune and the St. Paul Pioneer Press, TiZA claims that the ACLU has injured its reputation by calling it "theocratic," and has hurt its ability to hire qualified teachers. Ten applicants withdrew from consideration and the school has unfilled positions. The pleadings also claim that the ACLU's lawsuit damaged the school's learning environment and caused several students to withdraw. TiZA is seeking damages totaling $100,000.

Suit Challenges Selective Service Handling of Conscientious Objectors

Twenty-one year old Tobin D. Jacobrown, a Quaker, yesterday filed a lawsuit in federal district court in Washington, DC, challenging the Selective Service System's refusal to include space to register as a conscientious objector on current selective service forms. The Washington Post reports that forms used to collect information on potential draftees in case a draft is ever re-instituted do not allow for a CO claim. Instead, Selective Service instructions allow the individual to claim the status only if a draft is re-instituted. Jacobrown is unwilling to follow the lead of some others and merely write in his CO claim on the current registration card, since the claim is never recorded by the government. Instead he has refused to register entirely. His lawsuit claims that the Religious Freedom Restoration Act requires the government to find a way to keep track of conscientious objectors who file.

Government Report Says Most Volunteering Is Through Faith-Based Organizations

The Corporation for National & Community Service, a federal agency, yesterday announced that it has issued a new report titled Volunteering in America 2009 (Research Highlights). A portion of the research focuses on Volunteering in America's Faith-Based Organizations. It found that faith-based organizations attract the most volunteers. In 2006-2008, 35.9% of all volunteers worked with religious organizations. The percentages are even higher among older volunteers and African-American volunteers. Also, faith-based organizations had the highest retention rate of volunteers (70%) from year to year.

New York's Syrian Jewish Community Reacts To Rabbis' Arrests

New York's Jewish Week and the Forward in two articles yesterday both reported on reactions within Brooklyn NY/ Deal NJ's close-knit Syrian Jewish community to last week's indictment of six rabbis-- 3 of them prominent in the Syrian community. Charges by federal authorities in New Jersey focused on money laundering by the rabbis. A number of others among the 44 individuals arrested were charged with political corruption. (See prior posting.) Some of the accused rabbis are under pressure from lay leaders to immediately resign from their pulpits. Morris Bailey, chairman of the Sephardic Community Alliance, wrote in an internal community memo: "If over time ... these charges prove to be true, we must be clear that we find this conduct reprehensible and that the alleged actions go against the very values and teachings that our community holds dear." The most prominent of those arrested was 87-year old Rabbi Saul Kassin. He is out on $200,000 bail. Others are out on bail as well.

Some in the community are criticizing FBI informant, Solomon Dwek, son of a Syrian Jewish rabbi in Deal, New Jersey. Dwek was a key in obtaining evidence against those arrested. On Saturday, Dwek's father denounced the concept of Jews informing on each other during a study session at his synagogue. Then, to emphasize the point, Rabbi Dwek co-taught a class with Rabbi Edmund Nahum, one of those arrested and released on bail. On a Jewish radio program Saturday night, Sam Hirsch, a former Borough Park assemblyman, called for Solomon Dwek to be ostracized by the community. He also analogized Dwek to the halachic concept of a moser, the Jewish informer who was to be executed. Hirsch backed off his remark later.

The Forward article also has a lengthy discussion of the possible impact of the indictments on the rivalry between factions in Deal's Orthodox Jewish community.