South Carolina "I Believe" Plates Ruled Unconstitutional

In Summers v. Adams, (D SC, Nov. 10, 2009), a South Carolina federal district court held that the statute authorizing South Carolina's "I Believe" license plates-- carrying the image of a cross superimposed on a stained glass window-- violates the Establishment Clause. The court summarized its conclusions as follows:

the "I Believe" Act cannot be seen by any reasonable observer either as facilitating expression of a broad diversity of viewpoints ... or as a permissible accommodation to Christians..... Both positions are belied by the facts that the "I Believe" Act (1) authorizes a single plate with a uniquely Christian message, (2) was sponsored and approved solely as the result of governmental action, and (3) presents its message in a manner that is not available except through the legislative approval process (necessary to allow the inclusion of both motto and symbol). ....

The "I Believe" Act had its genesis in Lieutenant Governor Andre Bauer’s desire to do here what had been unsuccessful in the state of Florida–to gain legislative approval of a specialty plate promoting the majority religion: Christianity. Whether motivated by sincerely held Christian beliefs or an effort to purchase political capital with religious coin, the result is the same. The statute is clearly unconstitutional and defense of its implementation has embroiled the state in unnecessary (and expensive) litigation.

While granting a declaratory judgment and awarding attorneys' fees, the court rejected plaintiffs' claim for nominal damages, finding that qualified immunity protects the secretary of state's actions in planning for distribution of the plates. The court had previously issued a preliminary injunction against further advertising, distribution or production of the plates. (See prior posting.) A press release from Americans United, which had filed the case, said that the court's decision put a stop to officials who "want to use religion as a political football." ABP reported on the decision.

White House Faith-Based Office Finally Has A Web Presence

Finally the White House Office of Faith-Based and Neighborhood Partnerships has a presence on the White House website. At the heart of the new web presence is director Joshua DuBois' Partnerships Blog. The site also offers other relevant resources and information, including links to Centers for Faith-Based and Neighborhood partnerships at ten federal departments and agencies. Relevant press releases from the White House Press Office are featured on the OFBNP home page.

Court Tentatively Holds High School Student Not Liable For Teacher's Attorneys' Fees

While high school student Chad Farnan was found liable for court costs in the aftermath of his lawsuit against his high school history teacher who he accused of making anti-Christian remarks (see prior posting), in a preliminary ruling last Friday a Californa federal court concluded that he is not liable for his teacher's $378,000 of attorneys' fees. According to yesterday's Orange County Register, the court held that Farnan's suit was not a frivolous, baseless or vexatious claim justifying an award of attorneys fees under 42 USC Sec. 1988. (Background.) In the suit, the court found that one remark by the teacher violated the Establishment Clause, but Farnan was entitled to neither damages nor injunctive relief. A hearing was scheduled for yesterday for the parties to respond to the proposed decision on fees before the court finalizes its opinion.

French Busineses Have Concerns Over Accommodating Muslim Religious Practices

Europe News yesterday reports on difficulties faced by companies in France as they are increasingly asked to accommodate religious needs of Muslim employees. Many managers oppose employees wearing head scarves. Larger companies have set up prayer rooms. When significant numbers of employees seek to take time off for Eid, some companies face staffing problems. The most accepted kinds of accommodation involve Ramadan. Often schedules are adjusted, long breaks are provided to break the fast and restaurants remain open later, offering halal soup, milk and fruit. France's anti-discrimination agency has ruled that religious accommodation can be refused only if it would interfere with providing business services.

Federal Magistrate Says Sectarian Invocations Violate Establishment Clause

In Joyner v. Forsyth County, North Carolina, (MD NC, Nov. 9, 2009), a federal magistrate judge recommended that the court issue a declaratory judgment finding that sectarian invocations opening Forsyth County Board of Commissioners meetings violate the Establishment Clause. While the county's official policy called for inviting clergy from all congregations with a presence in the local community, in application invocations referred to Jesus in an overwhelming number of cases. Non-Christian deities were never invoked. The court concluded that while the selection process strives to include a wide variety of speakers from diverse religious faiths, "it is the prayers themselves that the public 'sees and hears,' not the selection policy." ACLU of North Carolina issued a press release saying that it is "pleased today for our clients and all religious minorities in Forsyth County who have felt shut out and alienated by their own government because of its public stance in favor of Christianity." Yesterday's Winston-Salem Journal reported on the decision.

Board Fires Head of "Feed the Children"

The board of the Christian charity, Feed the Children, has terminated its president, Larry Jones, according to a report yesterday in the Christian Post. For the last year, a power struggle has been going on between Jones and the charity's board of directors. Last December Jones removed several directors, including his daughter Lari Sue Jones. They sued and a judge ordered them reinstated. Larry Jones placed microphones in their offices before they returned, though apparently he never obtained recording equipment to use with them. Jones' attorney says the microphones were to record conversations between Jones and the directors who Jones felt in the past had misrepresented him. The board's announcement gave no reasons for Jones' dismissal, but Jones says he believes it is because he obtained a court order this week temporarily barring the directors from using organizational funds to pay for legal fees. Jones plans to file a lawsuit next week challenging his dismissal.

2009 "Friend or Foe Christmas Campaign" Launched By Liberty Counsel

Liberty Counsel announced today that it is launching its Seventh Annual "Friend or Foe Christmas Campaign." The campaign is designed to encourage government officials, schools and private businesses to explicitly recognize and publicly celebrate Christmas. A page on the group's website features two legal memos, one on public Christmas celebrations and the other on celebrating Christmas in the workplace. It also offers buttons and bumper stickers, sample ads, and links to Liberty Counsel's "Naughty & Nice List". That list names retailers who either celebrate Christmas or, on the other hand, merely use generic "holiday season" references. This year, the Christian Educators Association International is joining in the "Friend or Foe" campaign.

Muslim Soldiers In US Military Face Complex Situation

In the wake of the shootings at Ft. Hood, Texas by Army psychiatrist Nidal Hasan, today's New York Times explores the complications facing Muslims serving in the U.S. military. The military has been actively recruiting Muslims with the linguistic skills and cultural understanding needed to fight the wars in Iraq and Afghanistan. However Muslims in the service face suspicion by some of their officers. Muslim soldiers are concerned about killing fellow Muslims in fighting and they hear condemnations of such killing in their mosques when they return from service. Adding to these issues is the discomfort when fellow soldiers use demeaning anti-Muslim terms to describe the enemy in Iraq and Afghanistan.

House Health Care Bill Tracks FICA Exemption For Religious Objectors

The House version of the health care bill passed Saturday, HR 3962, imposes a 2.5% penalty tax on anyone who fails to obtain acceptable health care coverage. (Internal Revenue Code Sec. 59B(a) [pg. 297 of PDF]). However the bill does provide a "conscience exemption" for members of religious sects whose tenets reject insurance benefits. The exemption in Section 501of the bill [IRC Sec. 59B(c)(5) at pg. 299 of PDF] tracks the exemption from payment of social security and self-employment taxes for members of groups such as the Old Order Amish, described in Section 1402(g) of the Internal Revenue Code. (See prior related posting.)

Recent Articles of Interest

From SSRN:

• See Hoon Peow, History of Islamic Law in Malaysia - A Critical Reconsideration ,(November 1, 2009).
• Andrew F. March, The Uses of Fitra (Human Nature) in the Legal and Political Theory of ‘Allal Al-Fasi: Natural Law or 'Taking People as They Are'?, (November 4, 2009).
• Robert A. Kahn, Flemming Rose, the Danish Cartoon Controversy, and the New European Freedom of Speech, (U of St. Thomas Legal Studies Research Paper No. 09-24 (Oct. 2009)).
• Marci A. Hamilton, The Constitutional Limitations on Congress's Power Over Local Land Use: Why the Religious Land Use and Institutionalized Persons Act is Unconstitutional, (July 31, 2009).
• Geoffrey P. Miller, Origin of Obligation: Genesis 2:4b-3:24, (NYU School of Law, Public Law Research Paper No. 09-60 (Oct. 2009)).

From SmartCILP and elsewhere:

• Gregory C. Downs, Religious Liberty That Almost Wasn't: On the Origin of the Establishment Clause of the First Amendment, 30 University of Arkansas Little Rock Law Review 19-29 (2007).
• Shannon McSheffrey, Sanctuary and the Legal Topography of Pre-Reformation London, 27 Law & History Review 483-514 (2009).
• Najwa Shihab & Yanuar Nugroho, The Ties That Bind: Law, Islamisation and Indonesia's Prosperous Justice Party (PKS), [abstract], 10 Australian Journal of Asian Law 233-267 (2008).
• Karin Carmit Yefet, What's the Constitution Got To Do With It? Regulating Marriage in Pakistan, 16 Duke Journal of Gender Law & Policy 347-377 (2009).
• Steven H. Sholk, A Guide To Election Year Activities of Section 501(c)(3) Organizations-- 2009 Edition, in PLI Course Handbook for Tax Strategies for Corporate Acquisitions, Dispositions, Spin-Offs, Joint Ventures, Financings, Reorganizations & Restructurings (2009).

Some Israeli Marriage Registrars Refuse To Accept Conversions By Chief Rabbinate

YNet News today reports that particularly in the Israeli cities of Ashkelon and Rishon LeTzion, marriage registrars employed by Israel's Chief Rabbinate are refusing to recognize the legitimacy of conversions to Judaism performed by the Chief Rabbinate for many immigrants during their military service in the IDF. Apparently at a meeting of chief rabbis of various Israeli cities three months ago, ultra-Orthodox members urged cities to refuse to accept the validity of Orthodox conversions where, subsequently, the individual involved does not observe all aspects of Jewish religious law. Marriage registrars who disagree with the more liberal conversion policy applied by the Chief Rabbinate following the report of the Ne'eman Committee in 1998 are advising couples to register in another city. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Rider v. Yates, 2009 U.S. Dist. LEXIS 101009 (ED CA, Oct. 27, 2009), a California federal magistrate judge recommended that an inmate be permitted to move ahead with a free exercise, due process, equal protection and RLUIPA challenge to the destruction of his copy of The Book of Shadows, a sacred Satanist text. However the court found insufficient allegations regarding a discriminatory policy against pagans.

In Collins v. Levenhagen, 2009 U.S. Dist. LEXIS 101390 (ND IN, Oct. 29, 2009), an Indiana federal district judge rejected an inmate's claim that his free exercise rights and his rights under RLUIPA were infringed when Native American religious services were scheduled on Wednesdays at the same time he voluntarily worked in a prison job.

Bowen v. Florida Parole Commission, 2009 U.S. Dist. LEXIS 102880 (MD FL, Oct. 20, 2009), was a habeas corpus action brought by an inmate who was re-imprisoned for violating the conditions of his early release. A Florida federal district judge held that the habeas action was not the proper mode for considering plaintiff's claim that his free exercise rights had been violated by the requirement that he use no alcohol or intoxicants. Plaintiff, a Catholic, argued that this prevented him from taking wine during communion. Plaintiff's rearrest was not based on a violation of this condition, but instead on violations of other conditions of his release.

In Pappas v. Oakland County, 2009 U.S. Dist. LEXIS 102946 (ED MI, Nov. 5, 2009), a Michigan federal district court accepted the recommendation of a federal magistrate judge (2009 U.S. Dist. LEXIS 102951, Oct. 15, 2009), to dismiss a claim against the county by an inmate who alleged that while in a special jail unit for at-risk inmates, he was denied the opportunity to attend church services.

Abuse Victims Agree To Delay In Trials Against Delaware Catholic Parishes

On Friday, according to AP, attorneys in 78 clergy abuse lawsuits that have been filed in Delaware agreed to delay going to trial. The suits name the Catholic Diocese of Wilmington and various parishes. The Diocese recently filed for bankruptcy (see prior posting) and a stay was placed on litigation against it. However the bankruptcy filing did not cover parishes that were named as co-defendants. Friday's agreement extends the delay in litigation to them as well, though not to five cases in which the diocese is not a co-defendant. In exchange, the diocese agreed to furnish plaintiffs with the personnel files of a dozen suspected priests, and to disclose information on liability insurance coverage. The agreement will allow the diocese to focus on the bankruptcy proceedings. Plaintiffs will be allowed to take depositions from seven of the accused priests in January, and the trial in a suit by one gravely ill victim is proceeding.

House Passes Health Care Bill With Anti-Abortion Funding Amendment

In an historic vote tonight, the U.S. House of Representatives passed HR 3962, the Affordable Health Care for America Act by a vote of 220-215. (New York Times.) Paving the way for the favorable vote was the passage of the Stupak-Ellsworth-Pitts-Kaptur-Dahlkemper-Lipinski-Smith Amendment (full text) by a vote of 240-194. (Christian Science Monitor background.) That amendment assures that federal funds will not be used to pay for abortions (except in cases of rape, incest or threat to the life of the mother). Abortion coverage will be available through non-subsidized private health plans. Supplemental policies may be purchased with an individual's own funds or with state or local funds other than state or local matching Medicaid funds. Any private company offering an unsubsidized plan through the insurance Exchange that covers abortion must also offer an identical plan that excludes abortion coverage. In letters to members of Congress today, the U.S. Conference of Catholic Bishops strongly supported the amendment. [Updated.]

New Book Suggests British Catholic Royals Would Have Place to Pray

According to Friday's London Telegraph, a forthcoming book has created a stir in Britain by arguing that Queen's Chapel, built between 1623 and 1625 as part of St. James Palace, is still legally available for use as a Catholic church by any member of the Royal Family that should desire to do so, despite the 1701 Act of Settlement that bars a British monarch from being a member of the Catholic Church or marrying a Catholic. Author David Baldwin argues in his book, Royal Prayer, that the Anglo-Portuguese Treaty of 1661 is still in force. Negotiated in anticipation of the marriage of Charles II to Catherine of Braganza , the treaty provides: "Her Majesty and whole Family shall enjoy the free exercise of the Roman Catholic religion, and to that purpose shall have a Chapel, or some other place, set apart for the exercise thereof."

Christian Group Lacks Standing To Vacate Florida School's Consent Decree

A Florida federal district judge has largely rejected an attempt by the Christian Educators Association International to challenge the high profile and contentious consent decree entered into in March by the Santa Rosa County Florida school board to settle litigation brought by the ACLU challenging religious practices in the county's schools. (See prior posting.) In Minor Doe I v. School Board for Santa Rosa County, Florida, (ND FL, Oct 30, 2009), the court held that Christian Educators lacks standing to seek to totally vacate the consent decree because neither the organization nor its members suffered a legal injury that would be remedied by permitting the schools to again violate the Establishment Clause. The court postponed for a hearing next month the question of whether the organization could show it has standing to seek a modification of the consent decree on the ground that it impacts the free speech or free exercise rights of teachers or employees. Today's Pensacola News-Journal reports on the court's decision.

Pennsylvania County Plans To Tax Closed Church Builidings

Today's Wilkes-Barre (PA) Times-Leader reports that Luzerne (PA) County officials are likely to follow the lead of several other Pennsylvania counties and remove the property tax exemption from closed churches and religious schools. Pennsylvania's tax code allows exemptions only for "actual places of regularly stated religious worship." (72 P.S. § 5453.202 [LEXIS link]). The new policy will primarily impact the Catholic Diocese of Scranton which is closing 45 churches plus some schools in the county. The move will likely lead to disagreements over the value of the closed buildings. After Northampton and Carbon counties took similar steps, the Diocese of Allentown filed suit claiming that the buildings remain exempt under a provision exempting owned by institutions of public charity.

Teacher Sues Arguing Fingerprint Requirement Violates Her Free Exercise Rights

A kindergarten teacher in Dallardsville, Texas, has filed suit challenging a provision added to the Texas Education Code in 2007 (S.B. 9) requiring school teachers to submit their fingerprint so that a criminal background check can be run on them. The complaint (full text) in McLaurin v. Texas Education Agency, (ED TX, filed 10/30/2009), alleges that teacher Pam McLaurin, who has been teaching for over 20 years, is a devout Christian and believes that submitting a fingerprint is barred by verses in the Book of Revelations that caution against receiving the mark of the beast. Plaintiff claims that the requirement is unconstitutional under the free exercise and due process clauses, and violates the Texas Religious Freedom Restoration Act. Courthouse News reports on the case. [Thanks to Eugene Volokh via Religionlaw for the lead.]

UPDATE: The Nov. 17 Lufkin Daily News reported that the court issued a temporary injunction restoring Pam McLaurin's teaching credentials pending the court's decision on the merits of the case. A hearing on the merits is scheduled for Jan. 22, 2010.

Required Immunization of School Children Does Not Infringe Free Exercise

In Workman v. Mingo County Schools, (SD WV, Nov. 3, 2009), a West Virginia federal district court upheld West Virginia's compulsory vaccination program for school children. In the case, a mother of two school-age children asserted free exercise, equal protection and due process challenges. The court concluded that the free exercise clause does not require states to provide a religious exemption form the immunization requirements.

After Ft. Hood Massacre, Shooter's Religious Background Explored

Today's Washington Post reports that Army psychiatrist Major Nidal M. Hasan, who opened fire yesterday at Fort Hood, Texas, killing 13 and wounding 30 was a devout Muslim. (Details of shootings.) The Washington Post also reports on the Muslim Community Center in Silver Spring, Maryland, where Hasan prayed regularly when he was stationed in Washington, DC. The mosque's chairman, Arshad Qureshi, fielded many phone calls, emphasizing that the Center stands for peace. It has been active in offering community services, such as an extensive medical clinic for the uninsured operated by volunteers. The Council on American-Islamic Relations issued a statement yesterday condemning the Ft. Hood shootings.

First Conviction From Raid on FLDS Texas Ranch Is Handed Down

Yesterday, a jury in a state court in Texas convicted FLDS Church leader Raymond Jessop of sexually assaulting a 16-year old who he had taken as one of his nine wives. The New York Times and Salt Lake Tribune report on the conviction, the first resulting from the raid by Texas authorities of the sect's Yearning for Zion Ranch. During the trial, the defense argued that the raid on the FLDS compound which produced documents crucial to Jessop's conviction were illegally seized. The raid was triggered by a phone call that later was found to be a hoax. Jessop will be sentenced after a hearing before the jury on Monday. He faces up to 20 years in prison. (See prior related posting.)

9th Circuit Will Rehear Catholic League's Suit Againt San Francisco En Banc

The U.S. 9th Circuit Court of Appeals yesterday granted an en banc rehearing in Catholic League for Religious and Civil and Rights v. City and County of San Francisco (full text of order). In June, a 3-judge panel handed down an opinion in the case rejecting an Establishment Clause challenge to a strongly worded resolution passed by San Francisco's Board of Supervisors. The resolution criticized a directive from Catholic Cardinal William Levada instructing Catholic social service agencies to not place children in need of adoption with same-sex couples. (See prior posting.) The San Francisco Chronicle reported on the 9th Circuit's action.

Jersey City Parking Lot Ends Discounts For Jehovah's Witnesses

In Jersey City, New Jersey, the privately owned Square Parking parking garage has ended its practice of giving discounts to Jehovah's Witnesses, who worship in a nearby theater. A press release issued Tuesday by FFRF and a report yesterday in the Jersey Journal indicate that the discount was stopped after the city followed up on a letter sent to the parking lot by FFRF. FFRF contended that the discount violates federal, state and local non-discrimination laws. Apparently other parking lots in the area are still offering discounts to Jehovah's Witnesses.

Senate Committee Holds Hearing On ENDA; Religious Exemption Discussed

Yesterday, the U.S. Senate Committee on Health, Education, Labor, and Pensions held a hearing on S. 1584, the proposed Employment Non-Discrimination Act which would prohibit employment discrimination on the basis of actual or perceived sexual orientation or gender identity. Sec. 6 of the Act would exempt the same religious institutions that are exempt from the religious discrimination provisions of Title VII of the 1964 Civil Rights Act. After opening remarks by committee chairman Tom Harkin, seven witnesses testified. The Committee has posted the full text of their statements.

Craig L. Parshall, Senior Vice-President and General Counsel of the National Religious Broadcasters argued that the bill threatens the constitutional rights of religious employers. (Full text of testimony.) He claimed that the exemption in Sec. 6 is inadequate. Illinois Attorney General Lisa Madigan (full text of testimony) reported that under the Illinois Human Rights Act that bars discrimination based on sexual orientation, only a handful of sexual orientation claims have been filed against religious institutions. Bay Windows reports on the hearing.

Chechnya Will Pay For Hajj Trips For 400 Residents

In Russia's Chechnya region, Chechen president Ramzan Kadyrov has ordered the government to pay for 400 residents to go to Mecca on this year's Hajj. Reuters reported yesterday that trips will be financed for those who cannot afford to go, for the single and the young, out of a fund Kadyrov has created to honor father who was assassinated in a bomb blast in 2004. Kadyrov has previously awarded prizes for newborns named after the Prophet Muhammad, has banned alcohol and required women to wear headscarves in government offices in this predominately Muslim region of Russia. He is now planning to build "the world's most beautiful mosque." Recently suicide bombs and armed attacks on Chechen police have shattered a few years of calm.

Sanctions Imposed On Attorney In Client's Suit Against Jews For Jesus

Rapp v. Jews for Jesus, Inc. is a long running case in the state courts of Florida filed by Edith Rapp who claimed that Jews for Jesus published a false report from her missionary stepson that she had joined the organization. (See prior posting.) The courts determined that Rapp may have a cause of action for defamation by implication, and in a short decision issued last February, the state court of appeals remanded the case to the trial court, ordering Edith Rapp to "succinctly replead her claims, without excessive editorialization." Now, in an Order issued on Oct. 29 (full text), the trial court ordered Edith Rapp's attorney to pay for attorney's fees and costs incurred by defendant in arguing that the latest pleadings still contain excessive editorialization. The court concluded that the pleadings which continued to include redundant, immaterial and scandalous content that the court had previously ordered stricken involved bad faith litigation conduct on the part of plaintiff's attorney, Barry M. Silver, and not misconduct by plaintiff herself. Liberty Counsel, which is defending Jews for Jesus, yesterday issued a release on the decision.

CAIR Gets TRO Forcing Return of Purloined Documents

In Council on American-Islamic Relations v. Gaubatz, (D DC, Nov. 3, 2009), the U.S. District Court for the District of Columbia granted a temporary restraining order to CAIR to prevent the use by defendants of various documents and e-mails that were surreptitously taken from CAIR's offices. Defendant Paul Gabautz publishes a blog devoted to "exposing Islamic terrorist operations in America." A number of postings on the blog accuse CAIR, a Muslim advocacy group, of being a front for the Muslim Brotherhood and of supporting Al Qaeda. Paul Gabautz implemented a plan to get his son, Chris, hired as an intern at CAIR under an assumed name. Chris copied or removed various documents and recorded various meetings and conversations at CAIR. Many of the materials were either posted on Paul's blog, or included in a book co-authored by Paul that was published last month titled Muslim Mafia: Inside the Secret Underworld That’s Conspiring to Islamize America. Among the blog postings were lists of CAIR employees and donors (with personal contact information). The TRO, along with its broader bans, specifically ordered removal of these and return of the lists to CAIR. Here is an account of the decision and background on it from World Net Daily that published Gaubautz's book and is defending the Gaubautz's in the lawsuit.

Missouri Taxes Yoga; Some Claim Religious Exemption Should Apply

Missouri's sales tax statute (MRS 144.020) imposes a 4% tax on admission or fees paid to "any place of amusement, entertainment or recreation, games and athletic events." According to reports today from AP and Columbia's Missourian, state Department of Revenue officials have notified yoga and Pilates centers that beginning Nov. 1 they have to collect the tax. Yoga instructors, however, say that they should be exempt. Some argue that it would be unconstitutional to tax yoga because it is a spiritual practice with roots in ancient Indian meditation. MRS 144.030(2)(19) exempts sales by religious institutions from sales tax. A Missouri Revenue Department spokesman said it will consider religious exemptions on a case-by-case basis.

Challenge To "In God We Trust" On Currency Is Rejected

In a brief opinion in Kidd v. Obama, (D DC, Oct. 30, 2009), the U.S. District Court for the District of Columbia rejected an Establishment Clause challenge to use of "In God We Trust" on U.S. currency, brought by a plaintiff who described himself as an atheist. The suit against the President and the Federal Reserve Board Chairman sought to have all currently circulating currency replaced with bills carrying no religious inscriptions. The court quoted a 9th Circuit opinion stating that use of the motto on currency: "is of a patriotic or ceremonial character and bears no true resemblance to a governmental sponsorship of a religious exercise."

Arkansas Superintendent Pondering Complaint Over Gideons In Classrooms

Today's Arkansas Times reports that the Superintendent of the Benton, Arkansas schools is "trying to figure out what to do" about a parent's complaint over religious activity at Ringgold Elementary School. For at least six years, school principal Ann Kerr has gone into 5th grade classrooms with members of Gideons International. The Gideons speak about their evangelical work and leave copies of the New Testament (plus Psalms and Proverbs) behind that students can pick up. The principal apparently believed that the practice was legal so long as Bibles were not actually handed to students.

All-Christian Private Prison Planned For Oklahoma

The Tulsa (OK) World reported Monday on plans by a non-profit prisons ministry, Corrections Concepts Inc., to build a private all-Christian prison in Wakita, Oklahoma. The 600-bed facility will be for men near the end of their sentences who volunteer to be housed there and agree to participate in its program. Unlike faith-based or Christian units in state prisons, this one plans to employ only Christians as administrators and staff. Oklahoma or other states will pay $42.80 per day for inmates to be housed in the facility. Inmates will be required to participate in Christ-centered literacy and life-skills classes, though attendance at religious services and Bible study will be voluntary. Bill Robinson, founder of the Dallas-based Corrections Concepts, says he has legal opinions indicating that as a religious organization the ministry can limit hiring to Christians. Robinson says the born-again staff will see this as a mission. [Thanks to Blog from the Capital for the lead.]

British Court Says Catholic Diocese Is Responsible for Abuse At Community Home

Today's London Times reports that a High Court judge in Leeds has ruled that the Middlesbrough Catholic Diocese, rather than the De La Salle Order of lay brothers, is responsible for damages to 142 people who allege physical and sexual abuse at the St. Williams Community Home in Market Weighton. The home's former headmaster, Brother James Carragher, was sentenced to 14 years in prison for abusing boys at St. Williams that housed boys between 10 and 16 years old who had behavioral and emotional problems. The systematic abuse of children at the home in the English county of East Yorkshire took place from 1960 until 1992. The court said that the Diocese had management responsibility for the home. However the court granted the Diocese leave to appeal. The Diocese claims that the De La Salle Order is responsible for what could be damages of up to £8 million.

Road Protection Law Would Infringe Mennonites' Religious Beliefs

Howard County, Iowa is considering a road protection ordinance that would ban steel-wheel vehicles on hard surfaced roads. According to Rochester, Minnesota's AgriNews, at a hearing on Monday an Elizabethtown College sociologist testified that the ban would create problems for members of the Old Order Groffdale Mennonite Conference. When the Groffdale Conference accepted the use of tractors for farm work, it required they have steel wheels or steel cleats. The Conference was concerned that use of rubber tires would lead to use of the tractors for transportation, and eventually to the use of automobiles, which would break up the Mennonites' close-knit communities. The requirement to use steel cleats or wheels is part of the Conference's Ordnung, and anyone who violates the rule could face excommunication.

AU Asks IRS To Investigate Mayoral Endorsement By Pennsylvania Pastor

Americans United yesterday (press release) asked the Internal Revenue Service (full text of letter) to investigate whether Bethel Village AME Church in Harrisburg, Pennsylvania violated IRS regulations applicable to non-profits by supporting one of the city's mayoral candidates. AU cites an introduction by the church's pastor of Linda Thompson, the current city council president who was the Democratic candidate for mayor. Thompson then spoke from the pulpit for ten minutes. In the introduction, Pastor Martin Odom praised Thompson as "a person who knows the ins and outs of city government," and referred to her as "the next mayor of the city of Harrisburg." Thompson won the mayoral election on Tuesday. (Harrisburg Patriot-News.)

New Zealand OKs Cola Ad Portraying Humorous Confessional Exchange

The New Zealand Advertising Standards Complaint Board has rejected a complaint that a television ad by Demon Drinks, Ltd. violates provisions in its Advertising Code of Ethics barring any ad "which in the light of generally prevailing community standards is likely to cause serious or widespread offence"or which is prepared without "a due sense of social responsibility." Yesterday's New Zealand Catholic reports that the ad, for Illicit Cola, portrays a young man in a confessional telling a supposed priest: "Father, I've sinned. I'm seeing this girl, but I also want her sister." The priest responds:"Don't be shy, my son; date them both." Then the young man refers to Illicit Cola and says: "It's good to be bad." The Board ruled that the ad contains obvious hyperbole and humor and thus does not cause serious or widespread offense.

Obama, Other Officials Meeting With Eastern Orthodox Ecumenical Patriarch

Yesterday, Ecumenical Patriarch Bartholomew, leader of worldwide Orthodox Christians, met at the White House with President Obama. (White House press release.) Fox News reports that the Patriarch, who is a leader in the environmental movement, will also meet this week with Vice President Biden, Secretary of State Clinton and Congressional leaders. The government of Turkey has refused to recognize Bartholomew as the leader of the Eastern Orthodox church. The White House statement indicated that the President supports the reopening of the Halki Seminary in Istanbul. The seminary was closed down over thirty years ago after Turkey's Constitutional Court ruled that parts of the country's Private University Law were unconstitutional. President Obama urged reopening of the seminary as part of his speech before Turkey's Parliament last April. (Background).

Jehovah's Witnesses Denied Recognition By Nagorno-Karabakh Court

Forum 18 reported yesterday that in Nagorno-Karabakh, the General Court of First Instance in Stepanakert has upheld the denial of registration under the country's Religion Law to Jehovah's Witnesses. The country's Department for Ethnic Minority and Religious Affairs refused the registration application because Jehovah's Witness charter allows proselytism. Under the Religion Law only the Armenian Apostolic Church may proselytize outside its own religious community. Unrecognized religious communities are banned from meeting together for religious activities, though so far authorities are not interfering with religious meetings of Jehovah's Witnesses. Nagorno-Karabakh is an internationally-unrecognized self-governing area of Azerbaijan.

Utah High Court Hears Arguments In FLDS Leader's Appeal

Yesterday the Utah Supreme Court heard arguments in the case of State v. Jeffs, an appeal by Warren Jeffs, former head of the FLDS Church. Jeffs was convicted of rape as an accomplice (see prior posting) for his role in the arranged marriage of a 14-year-old to her 19-year-old cousin. (Audio of oral arguments.) Today's Dallas Morning News summarizes the arguments. Members of the FLDS Church practice polygamy in arranged marriages. Defense attorney Walter Bugden argued that the state charged Jeffs with a crime that does not fit the facts. He asserted:"This is an unpopular religion, and the state decided to find a way to bring down this unpopular religious figure."

European Court Says Crucifixes In Italian Classrooms Violate Human Rights Convention

In Lautsi v. Italy, (ECHR, Nov. 3 2009) [judgment in French], the European Court of Human Rights has ruled that crucifixes in public school classrooms in Italy violate the European Convention on Human Rights' protections of thought, conscience and religion (Art. 9) and the right of parents to educate their children according to their convictions (Protocol 1, Art. 2). The Court's press release on the decision recounts that the challenge was brought by a mother who wished to raise her children as secularists. It summarizes the court's conclusions:

The presence of the crucifix ... could easily be interpreted by pupils of all ages as a religious sign and they would feel that they were being educated in a school environment bearing the stamp of a given religion. This could be encouraging for religious pupils, but also disturbing for pupils who practised other religions or were atheists, particularly if they belonged to religious minorities. The freedom not to believe in any religion (inherent in the freedom of religion guaranteed by the Convention) ... extended to practices and symbols which expressed a belief, a religion or atheism.... The State ... was required to observe confessional neutrality in the context of public education, where attending classes was compulsory irrespective of religion, and where the aim should be to foster critical thinking in pupils.

The court awarded damages of 5000 Euros to plaintiff. According to Zenit yesterday, the Italian Bishops Conference issued a statement saying that the decision:

ignores or neglects the multiple meaning of the crucifix, which not only is a religious symbol, but also a cultural sign. It does not take into account the fact that, in reality, in the Italian experience, the display of the crucifix in public places is in harmony with the recognition of the principles of Catholicism as part of the historical patrimony of the Italian people, confirmed by the Concordat of 1984.

AKI reports on the court's decision, giving additional background. [Thanks to Dott. Pasquale Annicchino for the lead.]

UPDATE: According to CNA (Nov. 4) , Italy's Minister of Education, Mariastella Gelmini, rejected the ECHR decision, saying: "Nobody, much less a European court that is steeped in ideology, will be allowed to strip our identity away."

UPDATE 2: The Nov. 7 Christian Post reports that Italy plans to appeal the ruling of the 7-judge panel to the ECHR's 17-judge Grand Chamber.

British Tribunal Says Environmentalism Is Protected Under "Religion or Belief" Regulations

Britain's Employment Equality (Religion or Belief) Regulations 2003 prohibit employment discrimination on the basis of religion or belief. In Graingner PLC v. Nicholson, (EAT, Nov. 3, 2009) [full text, Word.doc], Britain's Employment Appeal Tribunal has held that:

A belief in man-made climate change, and the alleged resulting moral imperatives, is capable, if genuinely held, of being a philosophical belief for the purpose of the 2003 Religion and Belief Regulations. The belief must be of a similar cogency or status to a religious belief, the ECHR jurisprudence is directly material and the limitations on the concept and extent of a philosophical belief can be derived from that, without the need to place any additional limitation on the nature or source of the belief.

The company claims that Tim Nicholson, a former executive of the real estate company Grainger, was dismissed for operational reasons and not because of his environmental beliefs. The case now goes back to the Employment Tribunal for a hearing on this issue. The Independent today reports on the case.

Two Employment Discrimination Suits Filed Recently Charge Religious Harassment

Two unrelated lawsuits, both alleging religious discrimination in employment, have been filed recently. In one, yesterday the EEOC sued Administaff, Inc. and Conn-X, LLC (a Baltimore cable provider) alleging religious harassment of two brothers who are Jewish. The complaint alleges unusually harsh anti-Semitic harassment by managers and co-workers, including anti-Jewish slurs, defacing one of the brother's work vehicles with a swastika and and forcing him into a trash bin to the amusement of managers who watched on a surveillance camera calling the action "throw the Jew into the dumpster." Trading Markets reprints the EEOC's press release on the case. [Thanks to Steven H. Sholk for the lead.]

In Atlanta last week, James Bara, a former employee of Google's data center who is a practicing Wiccan, filed suit charging both religious and gender discrimination. According to the complaint (full text) in Bara v. Google, Inc. (ND GA, filed 10/29./2009), after Bara objected to remarks made by his supervisor about a newly hired transgender employee, the supervisor retaliated against Bara in setting his working conditions, and also subjected him to "a steady discourse of comments and 'jokes' regarding witches, witchcraft and witch trials." Tech Crunch yesterday reported on the case.

Maine Voters Reject Same-Sex Marriage

In a referendum yesterday, Maine voters rejected the state's recently-enacted law to permit same-sex marriage. The New York Times reported early Wednesday morning that with 87% of the precincts reporting, 53% of the voters had voted in favor of repeal. The Catholic Church was one of the primary supporters of the repeal referendum. It asked parishes to pass a second collection plate at Sunday Mass to support the repeal effort. The website of the Roman Catholic Diocese of Portland features a strong rebuke to a group of Catholics who had taken out an ad favoring marriage equality. It also features a Homily (full text) delivered in October, which supports legal recognition of domestic partnerships, but opposes same-sex marriage:

It is not discrimination to call things by their own names. We have different names for different things. A cat is not a dog; an oak tree is not a rose..... It is not discrimination to call one person a husband and another person a wife. It is not discrimination to say that one person is heterosexual and another person is homosexual. It is not discrimination to call the union of a man and a woman marriage and to call the committed relationship of homosexual persons something else -- you pick the word. It is difficult to believe that Maine people, much less Christian people, see no difference between marriage and homosexual unions, even when homosexual unions are perceived as desirable. There remains a difference and the difference should have its own name.

Marriage is an absolutely unique and irreplaceable relationship. Other relationships can be loving; other relationships can be committed; other relationships can even be permanent, but still not be marriage, but something else. Marriage is the miracle of the coming together to a man and a woman whose love and commitment is open to overflow to create the new life of a new person.

3rd Circuit Finds Combined Restrictions On Abortion Leafleting Are Unconstitutional

In Brown v. City of Pittsburgh, (3d Cir., Oct 30, 2009), the U.S. 3rd Circuit Court of Appeals held that Pittsburgh's combination of a 15 foot buffer zone and a 100 foot "bubble zone", when taken together, were unconstitutional on their face in restricting anti-abortion leafleters. As described by an AP story on the decision: "The Pittsburgh law bans protesters from standing within 15 feet of entrances but also makes them stand 8 feet from clients in a 100-foot buffer around entrances." According to the court, the combined restrictions are not narrowly enough tailored to survive a free expression challenge. It said: "the layering of two types of prophylactic measures is 'substantially broader than necessary' to achieve" the governmental interests involved. However, the court said, either restriction by itself could be constitutional. Plaintiff also claimed that the ordinance violates her free exercise of religion because it impermissibly interferes with her religiously motivated efforts to dissuade women from undergoing abortions. The court however found that the restriction is a valid facially neutral law of general applicability. It also concluded that the law does not violate Pennsylvania's Religious Freedom Protection Act.

Bankruptcy Court Says Bishop Need Not Appear At Chpater 11 Creditors Meeting

The federal Bankruptcy Code provides that when a debtor is going through a Chapter 11 reorganization, the U.S. trustee is to convene a meeting of creditors where the trustee and creditors may question the debtor under oath. (Background.) In the pending Chapter 11 bankruptcy of the Catholic Diocese of Wilmington (see prior posting), the diocese designated its vicar general of administration, the Rev. Monsignor Thomas Cini, as the person to attend and answer questions. However, according to yesterday's South Jersey Courrier Post, victims of sexual abuse who have claims against the diocese wanted Bishop W. Francis Malooly to appear instead. An attorney for the victims said: "The goals of the debtor for transparency, for healing, for atoning, if you will, for what happened to these people requires that this person show up." Judge Christopher Sontchi however agreed that it would make more sense for Cinci to appear, since he knows more about the situation. Malooly has been with the diocese for only about a year, and there are no allegations of wrongdoing against him.

Foreclosure On Georgia Hindu Temple Can Move Ahead

The Atlanta Journal-Constitution reported yesterday that a federal bankruptcy judge has lifted a temporary stay, clearing the way for creditors to sell off at a foreclosure sale of The Hindu Temple of Georgia. The move came after the court found the Temple in contempt for failing to hand over specified financial documents. The Temple filed for bankruptcy after it defaulted on a $2.3 million loan on its $5 million facility in Norcross, Georgia. The judge also asked the U.S. trustee handling the case to have the FBI investigate potential criminal wrongdoing by Temple leaders.

DC Council Holds Hearing On Same-Sex Marriage Proposal

Last week, the District of Columbia Council, Committee on Public Safety and the Judiciary, held a hearing on the proposed Religious Freedom & Civil Marriage Equality Amendment Act of 2009 which would allow same-sex marriages to be performed in the District of Columbia. (A video of the hearing is available online.) Under the bill, no clergy would be required to solemnize a marriage if it violated the clergy person's free exercise of religion. No religious organization is required to make facilities or services available for a marriage that is in violation of the group's religious beliefs unless the group makes the facilities available to the general public. The Pilot yesterday reported on written testimony submitted at the hearing by the Catholic Archdiocese of Washington. The Archdiocese urged broader religious exemptions, including exemptions for religious groups that provide services or rent space to those outside the group's faith. The Archdiocese warned that under the current bill, organizations that oppose same-sex marriages for religious reasons but serve the community could be denied government contracts or access to government facilities. It also claimed that under the bill, doctors, social workers and child-care workers opposed to same-sex marriage could have their licenses revoked, employers could be sued for not providing benefits to same-sex couples and religious colleges could have their accreditation revoked. (See prior related posting.)

Cert. Denied In Connecticut Order For Release of Priest Abuse Records

The Supreme Court yesterday denied certiorari in Bridgeport Roman Catholic Diocese v. New York Times Co., (Docket No. 09-246, 11/2/2009) (Order List.) In the case, the Connecticut Supreme Court granted the request of four newspapers for release of some 12,600 pages of documents filed in 23 cases alleging sexual abuse by Roman Catholic clergy. (See prior posting.) The denial of certiorari is not surprising since the court last month refused to grant a stay of the Connecticut order pending a decision on the granting of cert. (See prior posting.) AP reported on the case yesterday.

New York Bishop Supports City Council Candidate Through Recorded Phone Message

In New York, Catholic clergy are becoming surprisingly involved in the election race tomorrow for the New York City Council seat from Brooklyn's District 34. Today's New York Times reports that this week end, a recorded phone message from Bishop Nicholas A. DiMarzio was sent to every registered voter in the district. The call praised Assemblyman Vito J. Lopez who supports one of the two City Council candidates, Maritza Davila. Lopez was key in defeating a bill in the New York Assembly earlier this year that would have provided a one-year window for bringing clergy sexual abuse cases as to which the statute of limitations had already expired. (See prior posting.) The other candidate in the City Council race, Diana Reyna (who is Catholic), has been fighting Assemblyman Lopez over the rezoning of the 31-acre Brooklyn Triangle site. (See prior posting.) At one point she urged the ouster of a local priest as head of the local housing group that was opposing the rezoning.

Another Lawsuit Against A Dissident Episcopal Parish- This Time In Tennessee

On Friday, the Episcopal Diocese of Tennessee filed suit against St. Andrew's parish in Nashville to obtain title to church property. Yesterday's Tennessean reports that in 2006 St. Andrews broke away from the Diocese of Tennessee and affiliated with a more conservative Anglican Church in North America. The Tennessee diocese claims that the the church's Dennis Canon which provides that parish property is held in trust for the diocese controls the case. This is one of about 60 cases involving break-away Episcopal congregations in recent years.

Israel's Transportation Ministry Reports To High Court on Sex-Segregated Buses

In two articles last week, the Jerusalem Post reports on the response of Israel's Transportation Ministry to an order of Israel's High Court of Justice originally issued in 2008 calling for the Ministry to report on gender-segregated public bus lines being operated by the Egged Bus Cooperative. At issue are bus lines serving the haredi (strictly Orthodox Jewish) community whose religious beliefs call for gender separation. A lawsuit filed in 2007 challenged the legality of these so-called "Mehadrin" (kosher) buses (see prior posting). The Transportation Ministry's report concludes that imposed sex segregation on buses serving the public violates basic human rights such as equality and freedom of movement. It recommended a year-long trial of a voluntary system in which buses in haredi neighborhoods would open both the front and rear doors when picking up passengers so that those who wish to voluntarily sit separately could do so. Drivers would be responsible for preventing passengers from coercing others who do not wish to comply with separate seating arrangements. Also there will be no restrictions on the type of clothing that men or women wear on these buses. [Thanks to Religion & State In Israel for the lead.]

Recent Articles of Interest

From SSRN:

• Jeremy J. Patrick, Canadian Blasphemy Law in Context: Press, Legislative, and Public Reactions, (October 29, 2009).
• Liav Orgad & Ted Ruthizer, Race, Religion and Nationality in Immigration Selection: 120 Years after the Chinese Exclusion Case, (Constitutional Commentary, Forthcoming).
• Ruthann Robson, Compulsory Matrimony, (Feminist and Queer Legal Theory, pp. 315-328, Ashgate 2009).

From SmartCILP and elsewhere:

• Steve Sheppard, What Oaths Meant To the Framers' Generation: A Preliminary Sketch, 2009 Cardozo Law Review de novo 273.
• Shirin Ebadi, Keynote Address: Islam, Human Rights, and Iran, 23 Emory International Law Review 13-24 (2009).
• L. Bennett Graham, Defamation of Religions: The End of Pluralism?, 23 Emory International Law Review 69-84 (2009).
• Russell Powell, Theology In Public Reason and Legal Discourse: A Case for the Preferential Option for the Poor, 15 Washington & Lee Journal of Civil Rights & Social Justice 327-404 (2009).

Recent Prisoner Free Exercise Cases

In Givens v. Walker, 2009 U.S. Dist. LEXIS 98876 (CD IL, Oct. 23, 2009), an Illinois federal magistrate judge upheld the constitutionality of regulations promulgated by the Illinois Department of Corrections imposing a number of conditions on inmates conducting religious activities where religious program volunteers or chaplains of that particular faith are unavailable. Plaintiff complained that no Hebrew Israelite religious services were available.

In Kanda v. Walker, 2009 U.S. Dist. LEXIS 98938 (ED CA, Oct. 23, 2009), a California federal magistrate judge recommended that a preliminary injunction be granted ordering prison officials to furnish a Hindu prisoner with a diet that meets his religious requirements-- a diet that includes only vegetables, fruits and fish.

In Uhuru v. Hart, 2009 U.S. Dist. LEXIS 100267 (CD CA, Sept. 24, 2009), a California federal magistrate judge recommended rejecting the complaint by a prisoner (who attends both Jewish and Muslim activities) that occasionally he was not permitted to wear a head covering.

In Rice v. Curry, 2009 U.S. Dist. LEXIS 100443 (ND CA, Oct. 14, 2009), a California federal district court permitted an inmate who was a practicing Ansare EL Mohammed Muslim to move ahead with his claim that he was denied access to the prison chapel to conduct classes and group worship consistent with his movement in Islam, and that prison officials refused to serve him a pre-dawn "suhoor" meal during the month of Ramadan.

In Dempsey v. Ahern, 2009 U.S. Dist. LEXIS 100520 (ND CA, Oct. 14, 2009), a California federal district court held that an inmate could move forward with his claim that his 1st and 8th Amendment rights were violated when the Santa Rita Jail failed to accommodate the religious diet needs of inmates such as himself. He alleged that a 26-day denial violated his religious and nutritional needs.

Last Friday's Omaha World-Herald reported that a Nebraska trial court judge has given a prisoner permission to change his name from Billy Joe McDonald to his "witch" name, Hayden Autumn Blackthorne. McDonald, who is serving a sentence for sexual assault of a teenage girl, asserted in his petition for a name change that he is "a lifetime member of Witch School," a "recognized Wiccan Priest" and has "successfully completed Correllian Wicca — First Degree."

Court Rejects Constitutional Challenges To Marijuana Possession Charges

In State of New York v. Storm-Eggnick, (Albany City St., Oct. 21, 2009), an Albany New York City Court rejected claims by a woman charged with possession of marijuana that the possession statute is unconstitutional on free exercise of religion, equal protection, vagueness, and due process grounds. The court concluded that the statute does not purposefully target religious activity. At to defendant's free exercise challenge under the New York Constitution, the court found that any incidental burden of the statute on religion is justified. Rejecting defendant's due process privacy argument, the court pointed out that here the issue was not possession of marijuana in the home. Defendant had twice carried a marijuana plant into the capital building.

Students Organize Football Game Prayers To Avoid Ban On School Doing So

Earlier this year, the Santa Rosa County, Florida School Board entered into a high profile, and locally unpopular, consent decree in a lawsuit brought against it by the ACLU challenging religious practices in schools. (See prior posting.) Yesterday's Panama City (FL) News Herald reports that now, since school officials cannot lead prayers, students have taken up the cause. At each home football game, students hand out cards with the words of the Lord's Prayer outside the stadium. Then ten minutes before game time, students hold up signs in the stadium asking fans to stand and recite the Lord's Prayer with them. Later, a voice over the PA system, will announce that the school did not organize or participate in the prayer.

Washington State Adopts Final Rules On Displays and Gatherings At Capitol

Washington State's Department of General Administration on Friday announced the adoption of new rules, effective Dec. 1, governing displays and exhibits in the public areas of the state capitol. Yesterday's Seattle Times reports that in order to avoid the controversies that were generated during last year's holiday season, only government-sponsored displays will be allowed inside buildings. This permits the state to continue its state-sponsored holiday tree in the Capitol Rotunda. However private displays will not be allowed there. Last December, the attempt to use an open forum policy led to chaos as applicants sought to put up competing signs and displays. (See prior posting.)

The new rules (full text) allow gatherings, including free speech activities, of up to 25 people inside the Capitol building or up to 75 outside without a permit. For larger groups, a permit is required. Only hand-held banners and signs are permitted inside the Capitol during these events. For events outside on the Capitol grounds, temporary signs, exhibits or displays can be placed on the grounds during the activity, but must then be removed. The state has also published a 113-page "Concise Explanatory Statement" summarizing of all the comments received on the new rules when they were issued in proposed form, and an explanation of the differences between the proposed and final rule.

First Women Appointed To Shariah Courts In Palestinian Authority

In the Palestinian Authority West Bank towns of Hebron and Ramallah, the first women to preside over Shariah courts have been appointed. Australia's ABC News reported yesterday that Sheikh Tayseer al Tamimi, effectively the Chief Justice of the Palestinian state, paved the way by permitting Asmahan Liwheidi in Hebron and Khulud Mohammed Faqih in Ramallah to sit the judges' exam. The new judges hope to bring changes to the way Islamic courts treat Muslim women.

James Dobson Will Step Down As Radio Host For Focus On Family

James C. Dobson, the 73-year old founder of Focus on the Family, will end 32 years as its primary spokesman in February when he steps down as host of its radio program. The announcement by Focus on the Family on Friday said that this "is just the 'third chapter in a transition that began in 2003,' when Dr. Dobson stepped down as Focus president." At that time, Jim Daly took over the presidency. The Colorado Springs Gazette reports that the powerful conservative Christian leader, who was asked for advice by Presidents Ronald Reagan and George H.W. Bush, has become a polarizing figure through his strong support of the traditional family and his opposition to pornography and same-sex marriage. Focus on the Family has suffered from declining donations in recent years. The Denver Post says that under Daly's presidency, Focus on the Family has become less confrontational and political as a younger generation of evangelical leadership is developing.

NY Condo Settles Complaint That It Restricted Placing Mezuzahs On Doors

According to MCT News Service yesterday, the New York Attorney General's office has won a settlement with a condominium homeowners association after beginning an investigation of a complaint that Stone Ridge Estates in Dix Hills (NY) was restricting Jewish residents from placing mezuzahs on their door frames. Condo resident Patti Werner claimed she was being discriminated against on religious grounds when residents were told to "either take down their mezuzahs or purchase a screen door costing between $300 to $500 dollars to conceal the object." Under the settlement, the condo association will pay a $10,000 fine and amend its bylaws so they "do not discriminate against residents because of their religion." [Thanks to Vos Iz Neias? for the lead.]

Priest's Claims of Abuse and Retaliation From Fellow-Priests Dismissed

In Hoatson v New York Archdiocese, (NY S.Ct., Oct. 26, 2009), a New York trial court dismissed claims brought against the Congregation of Christian Brothers, various clergy, the Archdiocese of New York and the Diocese of Albany by a priest who claimed that he had been sexually abused by fellow priests for 12 years. He alleged that he was denied promotions and experienced retaliation because he refused and complained about sexual advances and that he experienced retaliation when he complained of alleged inappropriate sexual behavior of priests with minors. He says he was fired from his position at a parochial school in the Archdiocese of Newark for speaking critically about the Catholic Church at a public hearing before the New York State Senate in Albany, on behalf of victims of clergy sexual abuse. The court dismissed all the claims on various procedural and pleading grounds, including statute of limitations. In doing so, the court avoided having to determine whether the "ministerial exception" applies to claims under New Jersey's Conscientious Employee Protection Act that protects whistle blowers.

9th Circuit Denies En Banc Rehearing On Washington State Pharmacy Board Regs

In Stormans Inc. v. Selecky, (9th Cir., Oct. 28, 2009), the U.S. 9th Circuit Court of Appeals refused to grant an en banc rehearing. In July, 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.) Along with this week's denial of a rehearing, the original panel granted a request for a rehearing by the panel, and without hearing further arguments vacated its original opinion and issued a new opinion reaching the same conclusion as it did before. However the new opinion, in discussing whether the regulation is neutral and generally applicable, eliminates the section that was in the July opinion taking the district court to task for considering the rule's legislative history . This allowed Judge Clifton to join in the opinion fully and omit the concurrence he filed in July objecting to the majority's conclusion that it was inappropriate to consider the legislative history.

State Department Helps Bring Threatened Yemeni Jews To U.S.

The tiny remaining Jewish community in Yemen has been in increasing danger over the last year as growing internal strife and Islamic militancy has made it more difficult for Yemeni President Ali Abdullah Saleh to continue to protect the 350-person community. Today's Wall Street Journal carries a long article on the U.S. State Department's role (along with private relief groups) in secretly getting some 60 Yemeni Jews out of the country and resettling them in Monsey, New York. Up to 100 more could still come to the U.S. Others will settle in Israel and and some will remain in a protected government enclave in Yemen. Those arriving in the U.S. have had little contact with the West. The Journal's striking photo of one family arriving shows a father with his hair in traditional peyot (sidelocks), and his three daughters all wearing burkas.

Halloween Creates Church-State Puzzle For Some Schools

Tomorrow is Halloween, a holiday which has varied religious connections. It has roots in the Celtic festival of Samhain. In the 7th and 8th centuries, the Catholic Church tried to co-opt the day as the eve of All Saints Day. Some Protestant groups have used it as a celebration of the Reformation. More recently some Christians have rejected Halloween because they see it as celebrating the occult or promoting Satanism, or stemming from Pagan origins. (Background from Wikipedia.) No wonder all of this is confusing to school officials concerned about maintaining the proper line between church and state. Guampdn reported yesterday that at C.L. Taitano Elementary School in the Guam town of Sinajana, Halloween celebrations were replaced by a costume parade designed to promote literacy. Students could dress up as a character from any book they had read.

Last month, Guam Department of Education legal counsel Fred Nishihira sent out a routine annual notice to principals telling them that they must remain neutral in their treatment of religion. The memo allowed him to provide the required annual certification to the U.S. Department of Education that Guam schools are complying with the separation of church and state. Nishihira's memo created uncertainty for C.L. Taitano principal Corina Paulino as to whether a Halloween celebration would be permissible. So, out of an abundance of caution, she scheduled the book character costume parade instead. Nishihira said that when he sent out the religious neutrality memo, the question of Halloween had not occurred to him.

Protester Sues Nashville's Scientology Centre For Injuries

The Tennessean reports today on a lawsuit filed against the Church of Scientology's Nashville Celebrity Centre by Thomas A. Parker, a member of the anti-Scientology group Anonymous. Parker and others planned to protest the April 25 opening of the Centre. The lawsuit alleges that Parker was confronted by two off-duty police officers who had been hired as security guards for the Centre, was pushed to the ground and arrested for criminal trespass. The incident occurred across the street, some 450 yards away from the Centre. Later the charges against Parker were dismissed. Parker suffered injuries to his shoulder, elbows and knees.

Two Courts Around the World Rule On Conscientious Objector Claims

In different parts of the world this week, courts were examining the question of conscientious objector exemptions from military service. In Case of Bayatyan v. Armenia, (ECHR, Oct. 27, 2009), the European Court of Human Rights held that the European Convention on Human Rights does not require Armenia to provide an exemption from military service for a Jehovah's Witness who is a conscientious objector. The freedom of thought, conscience and religion protections of Art. 9 of the Convention need to be read in light of the provision in Art. 4, Sec. 3(b) which appears to leave the choice of providing CO objections up to the decision of each country. (Court's press release on case.) Subsequently Armenia adopted an alternative service law.

Meanwhile, according to Ekklesia, last week Colombia's Supreme Court held that all citizens have the right to opt out of military service on religious, moral or philosophical grounds. Previously only men studying to be Catholic priests were entitled to an exemption on religious grounds.

Malaysia Seizes Bibles That Translate "God" As "Allah"

CNN reported yesterday that in Malaysia during recent months, the Home Ministry's Publications and Quran Text Control Department has seized over 20,000 Malay-language editions of the Bible from the Bible Society of Malaysia and from the Gideons. The problem is that the Bibles translate "God" into the Malay word "Allah". However the government says that the word "Allah" can only be used by Islam, and that its use in Christian texts will confuse Muslims and draw them into Christianity. A similar dispute involving the Catholic Herald was resolved earlier this year by requiring the newspaper to print a disclaimer in large type declaring it is a Christian publication. (See prior posting.)

House Democrats' Health Care Bill Does Not Mandate Coverage For Spiritual Healing

Yesterday in Congress, House Democrats introduced their health care reform bill, H.R. 3962, the Affordable Health Care for America Act. (Press release.) The Chicago Tribune reports that this version does not mandate insurance coverage for services of Christian Science practitioners or other spiritual care. Christian Science practitioner Shirley Paulson said that Christian Science treatment is different from faith healing. Christian Science does not bar members from also seeking traditional medical care. The typical session with a Christian Science practitioner costs $25.

Al Arabiya Charged With Blasphemy In Saudi Court

According reports in Arab News and in Maktoob Business yesterday, in Saudi Arabia a group of citizens has filed a lawsuit against the television channel Al Arabiya charging it with blasphemy. The station is Saudi owned, and operates from Dubai. The lawsuit, filed in the summary court in Jeddah, charges the station with ridiculing God, the Prophet Muhammad and his sayings, and the Angel Gabriel.

Jury Agrees Bible Reading Dispute Was Merely A Misunderstanding

Yesterday, according to WBIR News, a federal court jury in Knoxville, Tennessee found in favor of the Knox County Schools in a lawsuit over the right of elementary school students to read the Bible during recess. The suit involves an incident that occurred when plaintiff, Luke Whitson, was in the 4th grade at Karns Elementary School. Luke's family claims that the school's principal interfered with a group of students who had started a Bible study club at recess. They sued for an injunction and nominal damages. The school said it was all a misunderstanding of the school's policy which prohibits adult-led Bible study during school hours, but allows students to study the Bible on their own. Apparently the jury agreed with the school's contention. (See prior related posting.)

Chabad Gets Default Judgment Against Russia In Suit Over Book Collections

Talk of the Planet reported yesterday that Judge Royce C. Lamberth, chief judge of the U.S. District Court for the District of Columbia, has entered a default judgment against the Russian Federation in the lawsuit against it by the Chabad-Lubavitch movement to recover two historic collections of Jewish religious books and manuscripts. (See prior posting.) After U.S. courts rejected Russia's jurisdictional challenges, Russia filed a statement with the court stating that it would no longer continue in the litigation and its counsel, Squire Sanders & Dempsey, withdrew. In issuing the default judgment, Judge Lamberth said: "The defendants have willfully refused to continue in this litigation."

Claims Against Archdiocese In Abuse Cases Do Not Violate First Amendment

In similar opinions handed down this week in two diversity cases, a Missouri federal district court held that it is required to make its own independent constitutional analysis in clergy sexual abuse cases to determine whether allowing negligent hiring, retention and supervision claims to be brought against the Catholic Archdiocese of St. Louis violates the First Amendment. The Missouri Supreme Court previously held that adjudicating such claims would be inconsistent with the First Amendment. In Ohl-Marsters v. Johnston, 2009 U.S. Dist. LEXIS 99585 and McCormick v. Johnston, 2009 U.S. Dist. LEXIS 99587 (ED MO, Oct. 26, 2009), the court held that proceeding with these claims would not violate either the Free Exercise or the Establishment Clause. However the court dismissed breach of fiduciary duty claims and respondeat superior claims against the Archdiocese brought by both plaintiffs, finding that those claims were not supported by state law.

7th Circuit: Village Can Exclude Churches From Commerical District Under RLUIPA

In River of Life Kingdom Ministries v. Village of Hazel Crest, (7th Cir., Oct. 27, 2009), the U.S. 7th Circuit Court of Appeals refused to grant a preliminary injunction to permit a church to relocate from a crowded warehouse to property it purchased in an area zoned for various commercial uses, but not for religious services. The church claimed that the Village of Hazel Crest's denial to it of a special use permit violated the "equal terms" provision of RLUIPA. The court concluded that the church had little likelihood of prevailing on the merits. It adopted the approach followed by the 3rd Circuit, holding that under RLUIPA a zoning ordinance can differentiate between religious and non-religious institutions for legitimate, non-religious reasons. Here the Village wanted to create a tax-generating commercial district near mass transit. It can exclude non-commercial uses, including churches, without violating RLUIPA. (See prior related posting.)

Radical Group Seeking To Create Sharia State In U.S. Arrested In Michigan; Leader Killed

In Michigan yesterday, raids by law enforcement officers at a warehouse in Dearborn and a home in Detroit led to a series of arrests and the unsealing of a federal conspiracy complaint against 11 men who are alleged to be members of a radical fundamentalist Sunni Muslim group. Yesterday's Detroit Free Press reports that the leader of the group, 53 year old Luqman Ameen Abdullah, was killed by authorities in an exchange of gunfire after he refused to surrender during the warehouse raid. A news release issued jointly by the U.S. Attorney's Office and the FBI described the group, which calls itself Ummah ("the brotherhood"), as "a group of mostly African-American converts to Islam which seeks to establish a separate Sharia-law governed state within the United States." According to the affidavit of an FBI agent, some of the members of the group were converted to Islam while in prisons across the U.S. Here in two parts (1, 2 ) is the full text of the affidavit of the FBI agent that accompanied the complaint.

President Signs New Hate Crimes Law As Part of Defense Authorization Act

Yesterday afternoon, President Obama signed the 2010 National Defense Authorization Act. His statement at the signing ceremony focused mainly on the defense spending portions of the bill. A few hours later he hosted a reception commemorating another part of the bill, the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act. (See prior posting.) In his statement there (full text), he described the legislation:

through this law, we will strengthen the protections against crimes based on the color of your skin, the faith in your heart, or the place of your birth. We will finally add federal protections against crimes based on gender, disability, gender identity, or sexual orientation.... And prosecutors will have new tools to work with states in order to prosecute to the fullest those who would perpetrate such crimes. Because no one in America should ever be afraid to walk down the street holding the hands of the person they love. No one in America should be forced to look over their shoulder because of who they are or because they live with a disability.

WorldNet Daily reported on statements by a number of conservative Christian groups criticizing the new law.

Court Finds No Standing To Challenge Embryonic Stem Cell Research Funding

In Sherely v. Sebelius, (D DC, Oct. 27, 2009), several rather differently situated plaintiffs sued to enjoin the federal government from taking further actions to implement federal funding of human embryonic stem cell research. Provisions for funding are in Guidelines promulgated by the National Institute of Health. Plaintiffs are the Christian Medical Association, Nightlight (a Christian adoption agency that promotes adoption of embryos created during IVF procedures), parents who have already had a child through adopting an embryo, two researchers who would be competing for funding, and Nightlight on behalf of the embryos still stored at clinics. The court found, for various reasons, that each of the plaintiffs lacks standing to pursue the lawsuit. Some of the plaintiffs lacked standing because the court found the claim that the regulations will reduce the number of embryos available for adoption is speculative and dependent on third party conduct. As to the embryos still in storage, the court said that they lack standing because "embryos are not 'persons' under the law." AP reports on the decision.

Suit Challenges School Policy On Distribution of Flyers

An elementary student in Holly, Michigan has, through a suit brought by his mother, challenged the Holly Area Schools' policy (full text) governing the distribution of material to other students. The complaint (full text) alleges that plaintiff's 1st and 14th Amendment rights, as well as his rights under the Michigan Constitution, were violated when he was prevented from distributing a flyer advertising a Christian summer camp. Here are the facts as summarized by an ADF press release on the case:

A school district policy states that while "materials that have a religious content may be distributed during 'non-instructional' time," the "board reserves the right to refuse distribution of any material by outside individuals or groups to the students of the district."

In June, a Christian student at Patterson Elementary School attempted to distribute fliers inviting his classmates and friends to the Youth Summer Camp at Cornerstone Church. Fliers were placed in individually sealed envelopes, which also contained a letter describing the Youth Summer Camp.

After the student began placing the flier envelopes in cubbyholes where other fliers are placed, a teacher ordered him to stop distributing the fliers, saying that anything that comes from a church cannot be distributed at school.

The teacher removed the fliers and told the student to place them in his backpack. The principal informed the student’s mother that because of the so-called "separation of church and state," religious materials could not be distributed at schools. Further attempts to negotiate with officials were unsuccessful.

Cert. Filed In Oklahoma 10 Commandments Case

A petition for certiorari (full text) was filed Wednesday with the U.S. Supreme Court in Haskell County Board of Commissioners v. Green. In the case, the U.S. 10th Circuit Court of Appeals held that a display of a Ten Commandments monument on the lawn of the county courthouse in Stigler, Oklahoma, violated the Establishment Clause. Alliance Defense Fund issued a release announcing the filing.

UPDATE: The brief in opposition to the granting of cert (full text) was filed on Jan. 11, 2010 by the ACLU which represents respondents.

Court Upholds Modified Conditional Use Permit For Jewish School

In Concerned Residents of Hancock Park v. City of Los Angeles, (CA Ct. App., Oct. 27, 2009), a California appellate court upheld the decision of the Los Angeles Central Area Planning Commission (CAPC) to expand the conditions in the conditional use permit (CUP) granted to Yavneh Hebrew Academy to operate a school. CAPC expanded the number of individuals who could attend Saturday morning religious services held at the Jewish school from just students and their parents to anyone so long as attendance did not top 300 people. Plaintiffs argued that this allowed the school to effectively function as a public synagogue, instead of as a school. The court disagreed, concluding that "even with the modifications in place, ... Yavneh is a school and not a religious institution, and so it was not required to seek a separate CUP for use as a religious institution." The court also concluded that CAPC properly took the anti-discrimination requirements of RLUIPA into consideration when it fashioned the CUP conditions in a religion-neutral way that was consistent with the practice of secular schools that held extensive Saturday and evening activities.

Two Arrested In Plot to Attack Danish Paper That Published Muhammad Cartoons

Fallout from the publication by a Danish newspaper in 2005 of cartoons depicting the Prophet Muhammad continues. The caricatures sparked protests from Muslims around the world. (See prior posting.) The Justice Department announced yesterday that two Chicago men were arrested this month for their alleged parts in a conspiracy to attack the offices of Jyllands-Posten, the first newspaper to publish the cartoons, or to kill cartoonist Kurt Westergaard and Flemming rose, the paper's cultural editor. Here are the full texts of the criminal complaints in US v. Rana and U.S. v. Headley. Today's Chicago Tribune reports on the indictments.