Obama Lights National Christmas Tree

President Obama and his family last night lit the National Christmas Tree-- a 40 foot Colorado blue spruce growing on the Ellipse just south of the White House. AP reports on the ceremony which featured celebrity entertainers, Santa and Mrs. Claus, and Michelle Obama reading The Night Before Christmas to a group of children. In his remarks (full text), President Obama said in part:

Tonight, we celebrate a story that is as beautiful as it is simple. The story of a child born far from home to parents guided only by faith, but who would ultimately spread a message that has endured for more than 2,000 years -- that no matter who we are or where we are from, we are each called to love one another as brother and sister.

While this story may be a Christian one, its lesson is universal. It speaks to the hope we share as a people. And it represents a tradition that we celebrate as a country -- a tradition that has come to represent more than any one holiday or religion, but a season of brotherhood and generosity to our fellow citizens.

9th Circuit Grants Indian Tribes Preliminary Injunction Against Mt. Tebo Mining Project

In South Fork Bank Council of Western Shoshone of Nevada v. U.S. Department of the Interior, (9th Cir., Dec. 3, 2009), a group of Indian tribes sought a preliminary injunction to stop Barrick Gold Corp.'s open pit gold mining project on Nevada's Mt. Tebo. The mountain is a religious site for the tribes. The district court denied a preliminary injunction. (See prior posting.) On appeal the tribes did not challenge the district court's rejection of their claim under the Religious Freedom Restoration Act. The tribes would continue to have access to the areas that had the most religious significance to them. However the tribes did appeal the denial of relief for alleged violations of the Federal Land Policy Management Act (FLMPA) and the National Environmental Policy Act (NEPA).

The court of appeals agreed with the district court that the executive branch had complied with an Executive Order issued under the FLPMA requiring accommodation of tribal access and ceremonial use of sacred sites and barring physical damage to the sites. However the court of appeals agreed with the tribes that the government had violated NEPA. It ordered entry of a preliminary injunction because, in its environmental impact statement, the Bureau of Land Management had not adequately studied the serious effects of processing refractory ore and exhausting scarce water resources. AP reports on the decision.

State TV In Iran Bans Make-Up For Women

ProductionME reported yesterday that Ezatollah Zarghami, head of Iran's state television, has ordered that women appearing on television will not be permitted to wear make-up. Saying that make-up is against Islamic Sharia law, Zarghami told producers to be vigilant. He also said that programs use excessive music and urged his staff to "refine" their music.

Bridgeport Diocese Releases Priest Sexual Abuse Records

On Tuesday, the Roman Catholic Diocese of Bridgeport (CT) announced that it had complied with the heavily contested court order requiring it to release previously sealed documents relating to 23 now-settled sexual abuse lawsuits against seven priests. Four newspapers had sought release of the documents. Both the Hartford Courant and the New York Times summarized some of the 12,000 pages of memos, records and testimony, focusing particularly on depositions by then-Bishop Edward Eagan. The Harford Courant, which has links to the full text of a number of the documents, says: "the Bishop showed little compassion for the alleged victims and instead argued with attorneys that only a 'remarkably small number' of priests have ever been accused of wrongdoing."

Church Challenge To Zoning Enforcement Not Barred By Claim Preclusion

In McGuire v. Clackamas County Counsel, 2009 U.S. Dist. LEXIS 111390 (D OR, Nov. 24, 2009), an Oregon federal district court rejected a magistrate's findings that "claim preclusion" required dismissal of claims by the pastor-founders of a local church alleging that application of local zoning ordinances violated their free exercise of religion. The federal magistrate judge's recommendations, with additional background, are at McGuire v. Ciecko, 2009 U.S. Dist. LEXIS 111127 ( D OR, Oct. 26, 2009). The suit also alleged that the local prosecutor in the earlier case seeking zoning enforcement had defamed plaintiffs by attacking their motives for forming a church. The district court accepted the magistrate's recommendation that this claim against the prosecutor be dismissed on immunity grounds, but referred the case back for the magistrate to rule on whether the immunity defense applied to other defendants in the case as well.

FLDS Church Asks Court To Replace Special Fiduciary

Yesterday the FLDS Church took yet another step in opposing long-running efforts by a Utah state court to reform the $120 million United Effort Plan Trust which holds land that before 2005 had been controlled communally by leaders of the polygamous FLDS Church. (See prior posting.) Salt Lake Tribune reports that a motion was filed yesterday by the corporation of the president of the FLDS church and the estate of Rulon T. Jeffs, the sect's former president, seeking removal of Bruce R. Wisan as the court-appointed special fiduciary. The motion, seeking appointment of someone else as fiduciary, claims that Wisan has failed to protect trust property and is biased against FLDS members. The motion also argues that Wisan has developed a conflict of interest: "While the interests of trust beneficiaries strongly favor keeping the property to the trust intact, the interests of Mr. Wisan and his lawyers now favor liquidation in order to pay their very substantial fees." This follows a motion filed last month by the estate of Rulon Jeffs seeking return of the UEP trust to Jeffs estate. (See prior posting.)

British Tribunal Says Counselor Can Be Fired For Refusing To Counsel Gay Couples

In McFarlane v. Relate Avon Ltd., (EAT, Nov. 30, 2009), Britain's Employment Appeal Tribunal rejected claims by a counselor employed by a relationship counseling service that his dismissal violated Britain's Employment Equality (Religion or Belief) Regulations. The counseling service dismissed Gary McFarlane after he refused to counsel same-sex couples on psycho-sexual issues. McFarlane argued that his Christian religious beliefs precluded him from undertaking counseling services that endorsed same-sex sexual relations. The Tribunal concluded that it is legitimate for the counseling service to require all its employees to adhere to its fundamental pledge that it will not deny counselling services to a client merely because of disapproval of the client's conduct. Charisma News reported on the decision yesterday.

New York Senate Defeats Same-Sex Marriage Bill; DC Bill Moves Ahead

Yesterday the New York State Senate, by a vote of 24-38, defeated a bill that would have permitted same-sex marriage in the state. The bill, strongly supported by Gov. David Patterson, had already passed the state Assembly. AP reports that the bill lost by a wider margin than had been expected. The New York Daily News has details of the roll-call vote. The Senate debate included references to religion and the Bible by those on both sides of the issue. (Baptist Press.) After the vote, the New York State Catholic Conference issued a statement saying that the bishops are "pleased and grateful" that the Senate "rejected the concept that marriage can be anything other than a union between one man and one woman."

Meanwhile, Washington, D.C.'s city council, by a vote of 11-2, gave tentative approval on Tuesday to the Religious Freedom and Civil Marriage Equality Amendment Act of 2009. The Washington Times reports that a final Council vote is scheduled for December 15 on the bill that would authorize same-sex marriage in the District. Then Congress would have 30 days to review the law and disapprove it. (See prior related posting.)

5th Circuit OK's School Rules on Student Distribution of Materials

In Morgan v. Plano Independent School District, (5th Cir., Dec. 1, 2009), the U.S. 5th Circuit Court of Appeals found that rules adopted in 2005 by a Texas school district restricting student distribution of written materials are constitutional, at least on their face. The lawsuit was filed when students, under a 2004 version of school rules, were prohibited from distributing religious themed pencils and candy canes, as well as tickets to church musical and drama programs. Under the modified rules adopted in 2005, students can distribute materials before and after school and at recess, at 3 annual parties and during school hours from designated tables. Middle and high school students can also distribute materials in halls and cafeterias during non-instructional times. The court concluded that these are reasonable, content-neutral restrictions aimed at providing a focused learning environment. They are narrowly tailored and leave open sufficient alternate channels of communication. The court, however, remanded to the district court the issue of whether the 2004 restrictions were constitutional, saying that plaintiffs' request for nominal damages prevents that challenge from being moot. AP yesterday reported on the decision.

Arkansas Appellate Court Upholds Removal of Children From Alamo Compound

The Arkansas Court of Appeals on Nov. 18 decided three cases involving children who were taken into emergency custody by the Arkansas Department of Human Services from the Tony Alamo Christian Ministries compound in Fouke, Arkansas. (See prior posting.) In all three cases the court affirmed the trial courts' determinations that the children were in a potentially dangerous situation in the compound which was raided last September, and therefore were properly found to be dependent-neglected. The cases are Seago v. Arkansas Department of Human Services, Broderick v. Arkansas Department of Human Services, and Reid v. Arkansas Department of Human Services.

National Mock Trial Championship Changes Rules To Allow Religious Accommodation

After extensive controversy both in 2007 and last year, the National High School Mock Trial Championship has changed its rules to permit teams to request schedule adjustments for religious reasons. The new Policy on Competition Schedule Accommodation for Religious Reasons applies when arguments scheduled for Friday or Saturday conflict with "firmly held religious beliefs and practices of any of the members of a registered team’s official competition roster." The first round for any accommodate team will be held on Thursday evening before the official Friday/Saturday schedule begins. The policy warns that: "All competing teams should be aware that 'modified schedule rounds' may impact to some degree the accuracy of the final rankings of teams participating in the competition." JTA yesterday reported on the change that was announced last week by the Mock Trial Championship organizers. [Thanks to Jack E. Shattuck for the lead.]

Appellate Court Upholds Refusal To Order Divorced Father To Take Childern To Church

In Finnerty v. Cutter, (IN Ct. App., Nov. 30, 2009), an Indiana appellate court rejected a divorced mother's claim that a trial court had abused its discretion in failing to order her former husband to take their children to church on Sundays during his parenting time. The parents had joint custody, with the mother being the primary residential custodian. Originally the father's week end parenting time ended Sunday afternoon. This allowed the mother to take the children to Catholic mass in the evening. The father petitioned for a modification that would allow him to take the children to dinner on Sundays with extended family. In giving the father longer parenting time on alternative weekends, the trial court ruled that church attendance during the father's parenting time was his prerogative. However it recommended (but did not require) that the children continue to attend church if it has been their practice to do so in the past.

German High Court Says Berlin Went Too Far In Sunday Store Openings

Germany's Federal Constitutional Court yesterday ruled that the city of Berlin had gone too far in permitting stores to be open on ten Sundays per year, including the four Sundays before Christmas. According to The Local, the justices cited the so-called Church Article of the 1919 Weimar Constitution that provides Sundays are to remain protected as days of rest and spiritual improvement. In the constitutional challenge that was brought by Protestant and Catholic churches, the court ruled that Berlin may allow stores to open on a few Sundays each year when the city government deems it in the public interest. However after this year it may no longer permit them to remain open all four Sundays before Christmas. Here is the full text of the high court's decision in German.

Swiss Peoples Party Looking Toward More Restrictions On Muslims

After winning a surprising victory this week on its initiative to ban building of minarets in Switzerland, the right wing Swiss People's Party (SVP) is planning to press for other restrictions. According to Islam Online yesterday, SVP member of Parliament Adrian Amstutz says: "Forced marriages, female circumcision, special dispensation from swimming lessons and the burka are top of the list." Meanwhile SVP leader Toni Brunner said his party would seek a ban on the hijab.

Ohio Social Worker Files Case-Management Plan for Rifqa Bary

An AP report yesterday gave an update on the status of Rifqa Bary, the Ohio teenager who fled from her Muslim family to Florida after she converted to Christianity, saying she was afraid her father would kill her. Florida courts eventually returned her to the custody of courts in Ohio, where she was placed in foster care. (See prior posting.) Now a Franklin County, Ohio Children's Services Board caseworker has filed a case-management plan that calls for Rifqa and her family to discuss their views of religion with each other as a first step toward reunification. However Rifqa refuses to have any contact with her parents or her brothers. The plan alternatively calls for locating other relatives or non-relatives with whom Rifqa could be placed if reunification with her parents is impossible. Next August 10 all of this becomes moot because Rifqa turns 18 and can leave foster care to be on her own.

Jewish Group Withdraws Trademark Suit Against Gas Chain After Settlement

The Gary (IN) Post-Tribune reported yesterday that the Union of Orthodox Jewish Congregations of America (OU) has withdrawn a trademark infringement suit that it had filed in Indiana federal district court against Luke Oil Co. The OU reached an agreement with Luke Oil that the service station chain would stop using a logo-- a U inside a circle next to the name Luke-- on cups and on walls above food inside its convenience stores. The OU logo is owned by the Orthodox Union and is used on food products it certifies as meeting Jewish kosher dietary laws. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

Suit Charges Airport Service Company With Religious Discrimination

A federal lawsuit filed yesterday in Indianapolis, Indiana charges Air Serv Corp. with employment discrimination after it refused to hire a Sikh man who applied for a position as a shuttle bus driver. According to the complaint (full text) in Singh v. Air Serv Corporation, (SD IN, filed 12/1/2009), the company told Inderjit Singh that corporate policy prohibited his wearing a beard or a turban. The EEOC has issued a right to sue letter in the case, concluding that there was reason to believe that there had been violations of Title VII of the 1964 Civil Rights Act. A press release from Public Justice announced the filing of the lawsuit.

Chelsea Clinton's Engagement Is Commentary on Interfaith Relations In the U.S.

Chelsea Clinton, daughter of former President Bill Clinton and Secretary of State Hillary Clinton, is engaged to Marc Mezvinsky whose father and mother were both members of the U.S. House of Representatives. It is an interesting commentary on religion in contemporary United States that the interfaith nature of the upcoming marriage is receiving only minimal coverage. The Philadelphia Inquirer points out that Clinton grew up attending the United Methodist Church with her mother, while Mezvinsky is Jewish. JTA says that in September, Clinton attended Yom Kippur services with Mezvinsky at the Jewish Theological Seminary in New York where they both live. The couple announced their engagement on Friday through a mass e-mail to family and friends. Benjamin Carlson, writing at The Atlantic Wire, lists "religious negotiation" as the last item on his list of "5 Things to Watch for in Chelsea Clinton's Wedding."

Renaming of "Christmas Parade" Is Short-Lived

Today's Merced (CA) Sun-Star chronicles a short battle in this year's "Christmas wars." The Christmas Parade which had been sponsored for 15 years by a private group was turned over to the city after the usual organizers ran out of energy to put on the event. City staff quietly renamed the event the "Holiday Parade" in order to be more inclusive and avoid lawsuits. However enough residents complained about the name change that the city went back to "Christmas Parade." Apparently not everyone learned that the city relented. A few days after the city's move back to the original name, it received a letter from Alliance Defense Fund arguing: "It's ridiculous that the people of Merced have to think twice about whether it's OK to have a 'Christmas' parade. An overwhelming majority of Americans celebrate Christmas and are opposed to any kind of censorship of Christmas." The parade will be held on Saturday. Its theme is "Sand, Surf & Santa," and floats can be decorated to reflect any religion.

Settlement Reached In Street Preachers' Challenge of Town's Noise Ordinance

Seacoast Online yesterday reported that a settlement has been entered by a New Hampshire federal district court in a challenge by two Christian evangelists to Hampton, New Hampshire's statute barring loud and unreasonable noise in public places. (See prior posting.) The settlement permits the two evangelists to return to Hampton Beach as street preachers between the hours of 7 a.m. and 11 p.m., so long as any amplification of their voices does not exceed 85 decibels from 65 feet away. If they exceed the decibel limit, the town will give them a warning before arresting them. Originally they were arrested in August 2008 for violating the noise ordinance, but were acquitted.

Several Jewish Groups Working To Get Rid of Stupak Amendment In Health Care Bill

According to The Forward yesterday, several Jewish groups that favor abortion rights are working to keep the House-passed Stupak amendment out of the Senate version of the health care reform bill. The groups include the Religious Action Center of Reform Judaism, the National Council of Jewish Women, the American Jewish Congress and the Joint Action Committee for Political Affairs. The paper reports on an interesting argument being advanced by the groups:

The director of the Religious Action Center of Reform Judaism, Rabbi David Saperstein, said that in pushing for the stricter abortion measure, religious conservatives are using the opposite argument from their case for allowing government-subsidized school vouchers to be used for religious schools. Conservatives argue that the voucher case does not constitute government endorsement of religion because a mother or father is making the choice of where to spend the money.

But in pushing for the adoption of Stupak, proponents are saying that if the government gives an individual money for health insurance, the government is then endorsing abortion if the recipient uses her insurance to pay for such a procedure.

Reactions To Sunday's Swiss Vote Banning Minarets

To no one's surprise, Switzerland is facing broad-based protests from around the world after voters on Sunday approved an initiative that banned future construction of minarets in the country. An AFP report says the Vatican joined Muslim leaders in decrying the vote, as did the Lutheran World Federation (ENI) and Asma Jahangir, UN special rapporteur on freedom of religion or belief. (Dawn.) Meanwhile legal experts suggest that the ban may be in conflict with the European Convention on Human Rights. Switzerland currently presides over the European Court of Human Rights that passes on cases claiming violations of the Convention. (The Independent). According to Nepal News, however, anti-immigrant groups in Belgium, Italy and the Netherlands are calling on their own governments to consider similar bans. And the Christian Science Monitor reviews restriction placed on building of churches by major majority-Muslim countries-- Indonesia, Egypt, Saudi Arabia and Pakistan.

Settlement Restores Prisoner's Right To Preach

The ACLU of New Jersey announced yesterday that it has reached a settlement with New Jersey prison authorities under which officials will restore the right of a Pentecostal minister who is an inmate at New Jersey State Prison to preach at weekly services and teach Bible study classes. According to the complaint (full text) in Thompson v. Ricci, (D NJ, filed 12/3/2008), Howard Thompson, Jr. had been preaching in prison for over a decade when authorities suddenly imposed a ban on preaching by any inmate. The complaint alleged that this prevented Thompson from carrying out his religious calling in violation of the First Amendment and RLUIPA.

Cert. Denied In Case Of Valedictorian's Religious Graduation Speech

The U.S. Supreme Court today denied certiorari in Corder v. Lewis Palmer School District, (Docket No. 09-257, Nov. 30, 2009). (Order List.) In the case, the U.S. 10th Circuit Court of Appeals rejected constitutional claims brought by a Colorado high school co-valedictorian who was forced to apologize after she delivered remarks at a high school's graduation ceremony encouraging students to accept Jesus Christ. The student had presented a different version of the speech in advance to her principal. (See prior posting.) AP reports on the Supreme Court's refusal to review the case.

New Draft Kenya Constitution Guarantees Church-State Separation, But Recognizes Kadhis Courts

On Nov. 17, a government panel in Kenya released a draft constitution for the country (full text). It could be voted on in a referendum next year. A previous draft constitution was defeated in a 2005 referendum. (AP). Chapter 2, Sec. 10 of the new document released by the Committee of Experts on Constitutional Review provides:

(1) State and religion shall be separate.
(2) There shall be no State religion.
(3) The State shall treat all religions equally.

The current draft (Chap. 13, Sec. 208) contains a controversial provision that would recognize Muslim civil courts (Kadhis courts). Muslim courts are now recognized in Kenya by an act of Parliament, but this would give them constitutional protection. Afrique en Ligne reported yesterday that the powerful Anglican Church of Kenya has called for an amendment to remove recognition of Kadhis courts from the constitution, calling the inclusion of the provision a contradiction of equality of all religions. The Church would leave Kadhis court recognition to statute. The Anglican Church also called on the drafters to clearly define the right of Kenyans to propagate religion and the right of individuals to convert to another religion. (See prior related posting.)

Brazil's Supreme Court Orders Limited Accommodation For Saturday Entrance Exam

Jewish high schoolers in Brazil are seeking to schedule an alternative date on which they can take the national exam for high school graduates that is used for college admissions. The exam, known as ENEM, is required for admission to some of the country's top universities, including federally funded ones. It is not mandatory for admission to locally-funded state universities. The exam is scheduled for Saturday, December 5, but observant Jews say that a Saturday exam would require them to violate their Sabbath restrictions. Haaretz yesterday reported that originally, in a suit filed by the Center for Religious Jewish Education, a court in Sao Paulo held that the country's education ministry was required to set an alternative date for Jewish students. However last week Brazil's Supreme Court reversed, holding that an alternative date would undermine equality. It said that allowing Jewish students to take the exam on December 5, but after sundown, would be adequate accommodation. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Recent Articles and Books of Interest

From SSRN:

• George Letsas, Is There a Right Not to be Offended in One’s Religious Beliefs?, (June 1, 2009).
• Richard M. Esenberg, Must God Be Dead or Irrelevant: Drawing a Circle that Lets Me In , (William & Mary Bill of Rights, Vol. 18, No. 1, 2009).
• John M. Kang, Appeal to Heaven: On the Religious Origins of the Constitutional Right of Revolution, (William & Mary Bill of Rights, Vol. 18, pp. 281-326, 2009).
• Elizabeth Rose Schiltz, Dueling Vocations: Managing the Tensions between Our Private and Public Callings, (Women, Sex, and the Church, Erika Bachiochi, ed., Pauline Books & Media, 2010).
• Yuval Sinai, Arbitration as an Ideal Judicial Procedure, (December 19, 2008).
• Paul T. Babie, Looking East to the Concept of Property — A Review Essay of Witte and Alexander, Christianity and Law: An Introduction, (Adelaide Law Review, Forthcoming).
  

Recent and Forthcoming Books:

• Knox Thames, International Religious Freedom Advocacy: A Guide to Organizations, Law, and NGOs, (Baylor Univ. Press, Aug. 2009).
• Randall Balmer, The Making of Evangelicalism From Revivalism to Politics and Beyond, (Baylor Univ. Press, Feb. 2010).

Egypt Reportedly Covering Up Anti-Copt Violence In Town of Farshoot

AINA today says that the Egyptian government and Egyptian State Security are attempting to cover up extensive mob violence against Copts a week ago in the town of Farshoot. Apparently the violence was triggered by a rumor that a Copt had sexually molested a 12-year old Muslim girl. According to AINA, the principal of Al-Azhar Institute in Farshoot incited his students to loot and burn Coptic-owned businesses. The Egyptian government has imposed a news blackout on the incident and State Security is pressuring the Coptic Church in Nag Hammadi and the victims of the violence to accept extrajudicial reconciliation and to reopen the damaged businesses without first receiving compensation. Thirty-five Coptic families have been deported from surrounding villages, supposedly for their safety. However their houses were then looted by Muslims.

Recent Prisoner Free Exercise Cases

In Gallagher v. Shelton, (10th Cir., Nov. 24, 2009), the U.S. 10th Circuit Court of Appeals rejected various claims by an Jewish inmate that prison officials delayed and inadequately accomodated his requests for a kosher diet, and that the prison chaplain failed to help him get a menorah and candles to celebrate Hanukkah. Several of the allegations involved merely isolated acts of negligence by prison officials. The court remanded to clarify that claims dismissed for failure to exhaust administrative remedies were dismissed without prejudice.

In Kuperman v. Warden, New Hampshire State Prison, (D NH, Nov. 20, 2009), a New Hampshire federal district court dismissed on mootness and collateral estoppel grounds a Jewish prisoner's complaint over rules that automatically suspended his kosher meal privileges for a single violation in which he purchased or consumed non-kosher food. The prison has subsequently modified its rules giving prisoners more leeway before suspending access to a religious diet. The Concord Monitor reported on the decision. (See prior related posting.)

In Elliott v. Sims, 2009 U.S. Dist. LEXIS 108365 (SD OH, Nov. 4, 2009), an Ohio federal district court permitted inmates from separate prisons to bring a single action challenging prison authorities' refusal to permit them to abstain from work on Sundays violates their religious exercise rights under RLUIPA.

Atkins v. Christiansen, 2009 U.S. Dist. LEXIS 108503 (WD MI, Nov. 20, 2009), involves a claim for an injunction and damages by an inmate who alleges that he was wrongly designated as a member of a Security Threat Group because he attended Nation of Islam religious services. A Michigan federal district court, accepting a magistrate's recommendations in part (2009 U.S. Dist. LEXIS 108545, July 13, 2009) held that plaintiff's official capacity monetary relief claims are barred by the 11th Amendment; certain of the claims were time barred; that summary judgment would be premature as to qualified immunity; and that a claim for monetary damages may be asserted in individual capacity claims under RLUIPA.

In Chalif v. Artus, 2009 U.S. Dist. LEXIS 109813 (ND NY, Nov. 24, 2009), a New York federal district court accepted the recommendations of a magistrate judge (2009 U.S. Dist. LEXIS 109814, Oct. 15, 2009) and dismissed claims by an inmate that he was prevented from practicing his religion (Church of Jesus Christ Christian), that his religious materials were wrongfully seized, and that other inmates are allowed to practice supremacist religions, but he was not.

Swiss Voters Approve Ban On Minarets

Swissinfo.ch reports that voters in Switzerland today approved an initiative supported by the right- wing Swiss People's Party and the Federal Democratic Union imposing a ban on the construction of minarets in the country. The final tally showed that 57.5% of the voters and a majority of the cantons backed the initiative. The government, and most political parties, churches and businesses had all opposed the ban. A government statement after the vote said that the Federal Council respects the decision of the voters. New minaret construction is now banned. The four existing minarets will be permitted to remain. Swiss Justice Minister Eveline Widmer-Schlumpf, who strongly opposed the ban, said the initiative was really a proxy for opposition to perceived creeping Islamicisation and sharia law. Opponents fear the vote will fuel extremism and tarnish Switzerland's reputation in the Muslim world. Switzerland has around 350,000 Muslim immigrants (4.5% of the population), mostly moderates from the former Yugoslavia and Turkey. It is estimated that there are 160 mosques and prayer rooms in the country, mainly in empty factories and warehouses.

UPDATE: The London Telegraph has more detailed vote results: 57.5% in favor (1.534 million people), 42.5% against (1.135 million people), with 22 of the 26 cantons in support of the initiative.

House of Yahweh Leader Avoids Polygamy Charges

A report from McClatchy Newspapers published yesterday in the Rochester (MN) Post-Bulletin examines the House of Yahweh Church (whose compound is near Clyde, Texas) and the Church's leader, Yisrayl Hawkins. For many years it was rumored that the sect engages n polygamy. In Feb. 2008, Callahan County Attorney Shane Deel charged Yisrayl Hawkins with four counts of bigamy and child labor violations. This was billed as a test of Texas' revised law that made polygamy a felony. After a change in venue to Parker County, county authorities decided they could not afford the cost of the bigamy prosecution and last month they negotiated a plea deal in which Hawkins plead "no contest" to four counts of child labor violations. He was fined and received probation. The article details much of Yisrayl Hawkins' background and reports that the sect keeps tight control over the finances of its members. They are expected to pay tithes totally 30% of their income. Hawkins started the Church in 1980 when he was an Abilene, Texas policeman and owned a mobile home park. His daughter says he is now worth millions and has at least three palatial homes, while many of his followers are destitute.

IRS Releases 2006 Data On Income of Non-Profits

Earlier this week, the Internal Revenue Service issued its Fall 2009 Statistics of Income Bulletin which sets out data for tax year 2006 on returns filed by non-profit organizations. Churches and church-affiliated organizations are not required to file Form 990. Thus only 853 of the 301,214 Forms 990 or 990-EZ were from "Religion related" non-profits. This group of religious non-profits reported total assets of $17.8 million and revenue of $2.8 million. Most of their income was from program service revenue. Their income exceeded their expenses by $550 million. [Data at pg. 5 of Bulletin].

Italian Paper Says Berlusconi Diverted Secular Funds To Catholic Church

An article published last week in Italy's La Repubblica and translated by Concordat Watch reports that Italian Prime Minister Silvio Berlusconi has directed to Catholic churches and monasteries some 10.6 million Euros that Italian taxpayers had earmarked on their tax returns for secular institutions. Under Italian law, 0.8% of each Italian's taxes go either to one of six religious groups, or to a social assistance program run by the government. If a taxpayer does not declare a recipient, the amount goes to the Catholic Church or the government in proportion to the amounts others have designated for them. (Background.) Apparently, however, in September of this year Berlusconi issued a decree giving him greater discretion over distribution of these tax funds. La Repubblica suggests that Berlusconi is using these additional funds to make peace with the Catholic Church after a bitter feud between Berlusconi and the Vatican over Berlusconi's sexual dalliances. (See prior posting.)

Kentucky High Court Says Barring Reference To Jesus Was Harmless Error

Edmonds v. Commonwealth of Kentucky, (KY Sup. Ct., Nov. 25, 2009), involved numerous objections by two convicted defendants to their convictions on charges of sodomy, robbery and murder. One of the defendants claimed that his Free Exercise rights were violated when the trial judge sustained objections to his lawyer's attempt, in the penalty phase closing argument, to compare the defendant to Jesus being put to death on the cross. The Supreme Court concluded that while it may not have been necessary for the trial judge to restrict closing argument in this way, it was not likely this had any substantial effect on the verdict. Any error was therefore harmless.

In Fiji, Government's Attempt To Co-Opt Religious Leadership Backfires

Australia's Sunday Sydney Morning Herald carries a long report on the complicated involvement of Methodist churches in Fiji with the Pacific island nation's politics. In the past two decades, Fiji has had four coups, each reflecting tensions between ethnic Fijians, who largely belong to the Methodist Church, and Indian Fijians, most of whom are Hindu. Some in the Methodist Church have backed a proposal to turn Fiji into a Christian state. (Background.) The latest coup, in 2006, which brought military leader Frank Bainimarama to power, was opposed by the Methodist Church. So, while impeding or banning much of the activity traditional Methodists, Bainimarama's allies promoted evangelist Pastor Atu Vulaono, and his "Souls to Jesus" campaign in an attempt to co-opt the traditional leadership of the Methodist Church.

However Vulaono's New Methodist Church , and his campaign against crime that was funded by the Fiji police department, got out of hand. Vulaono was drawing 20,000 people at his rallies and had established 70 churches. Police officers were required to attend New Methodist crusades where they were forced to dance in their police uniforms. A new law-and-order campaign ordered couples not to embrace in public, and sometimes forced prostitutes to jump off a bridge 6 meters into an ocean inlet. Some were forced to attend Vulaono's crusades. Fijian courts were pressuring women who were victims of domestic violence to reconcile with their husbands. Eventually this anti-crime crusade by the New Methodists became too embarrassing for the regime, and the Attorney General put a halt to it. Fiji's chief censor sent a letter to media editors telling them to stop broadcasting the New Methodists' paid programming, because the group had become a security risk.

Jury Says Religious Order Not Liable For Molestation By Teacher

In 2007, the Delaware legislature passed the Child Victim Act . It created a 2-year window for filing of child sexual abuse claims previously barred by the statute of limitations. (See prior related posting.) The statute provides that if the suit is against an institution or other legal entity that employed the abuser and which owed a duty of care to the child, plaintiff must show gross negligence in order to recover. Earlier this week, in the first case to come to trial under the new statute, a jury refused to award damages against the Oblates of St. Francis de Sales. Tuesday's Wilmington News Journal reports that while the jury concluded that a now-deceased teacher, Rev. Francis Norris, molested plaintiff in 1962, the jury could not conclude that the Oblates were grossly negligent. Salesianum School knew the teacher suffered from alcoholism and depression, but, according to the jury, it could not have foreseen that this would lead to sexual abuse of a student. Plaintiff's attorney claimed that memos about Norris' alcoholism and depression contained "code words" used in the 1960's to indicate that a priest had problems with pedophilia.

Alternative Proposal For South Carolina "I Believe" Plates Is Filed

South Carolina residents may get a chance to purchase "I Believe" license plates after all. Earlier this month, a federal district court ruled that a statute, promoted by the Lieutenant Governor, that authorizes the plates violates the Establishment Clause. The legislatively approved tags were to carry the "I Believe" message, along with a cross superimposed on a stained glass window. (See prior posting.) Today's Rock Hill (SC) Herald reports that now a private group, the Palmetto Family Council, has filed a request with the state Department of Motor Vehicles for the issuance of an "I Believe" plate under S.C. Code of Laws, Sec. 56-3-8000. That section permits non-profit groups to apply for issuance of specialty tags, carrying an emblem or symbol representing the organization. The group need only submit 400 prepaid orders or pay $4000, and must also submit a plan to market further sale of the license tags. The only grounds for refusing to issue specialized plates under this section is that they are offensive or fail to meet community standards.

Canadian Court Says Property of Break-Away Anglican Parishes Belongs To Diocese

In Bentley v. Anglican Synod of the Diocese of New Westminster, (BC Sup. Ct., Nov. 25, 2009), the British Columbia Supreme Court (the Canadian province's superior trial court) issued a lengthy opinion in a dispute over ownership of the property of four parishes that broke away from the Anglican Church of Canada and affiliated with the more conservative Anglican Network in Canada. The split came over the Diocese's decision to accept a rite to bless same-sex unions. The court held that ownership of parish properties remain with the Diocese. Under the Act to Incorporate the General Synod of the Church of England in Canada, parishes can dispose of property only with the consent of the Executive Committee and Bishop. Using the property for purposes related to ANiC amounts to improperly taking them outside the jurisdiction of the Diocese. The court also rejected the parishes' argument that the property was held in trust for ministry consistent with historic, orthodox Anglican doctrine and practice. It held that only departure from core tenets or fundamental doctrine can breach a religious purpose trust. The blessing of same-sex unions does not engage core or fundamental doctrine.

The court went on to hold that the Bishop lacked authority to replace parish trustees. However trustees elected by each break-away parish must carry out their duties in accordance with the rules of the Anglican Church in Canada-- something that the elected trustees are unlikely to want to do. Finally the court held that $2.2 million from the bequest of a former member to the building fund of one of the parishes involved should, consistent with the donor's intent, go to the building needs of the parish now affiliated with ANiC. Applying the cy pres doctrine, the court said that the donor intended the funds to benefit the parish that serves the Chinese community in British Columbia. Yesterday's Anglican Journal reported on the decision.

Agreement Reached With Abuse Claimants In Alaska Diocese Bankruptcy

In February 2008, the Catholic Diocese of Fairbanks, Alaska filed for Chapter 11 reorganization under the federal Bankruptcy Code. (Press release.) According to AP, at a status hearing on Tuesday in federal bankruptcy court, it was disclosed that a preliminary agreement has been reached with clergy abuse victims for settlement of their claims. The nearly 300 victims will be awarded almost $10 million from Diocese funds. However, a portion of that amount will be set aside to use to pursue the Diocese's four insurance companies for additional amounts of up to $100 million. The remainder of the $10 million will be divided among claimants based on the severity of the abuse they suffered. Many of the prior filings in the Chapter 11 case are available from the Diocese website.

Church Wins Settlement In Challenge of School Flyer Distribution Policy

Last week, a settlement was reached in a Florida federal district court case in which a church challenged the Collier County (FL) school board's policy that precluded it from handing out to students flyers about the church's Vacation Bible School. (See prior posting.) The Stipulated Dismissal (full text) in Cypress Wood Presbyterian Church v. School Board of Collier County, Florida, (MD FL, Nov. 20, 2009), recites that the school board has agreed to give plaintiffs equal access with other community groups to distribute flyers and post information. Also, the school board has amended its flyer distribution policy to eliminate the requirement that flyers relating to religious activities not contain proselytizing messages or overtly advocate support for a religious organization. Alliance Defense Fund on Wednesday issued a release announcing the settlement.

Irish Government Releases Report On Catholic Archdiocese Handling of Abuse Complaints

The Irish government yesterday released a 720-page Commission of Investigation Report (links to full text) that it had received in July. the Report details improper handling of clergy sexual abuse complaints by the Dublin Catholic Archdiocese and by senior police officials from 1975- 2004. According to the New York Times, the Report analyzes 320 complaints against 46 priests. Only eleven of the priests-- those who have been criminally convicted-- were named in the Report. The Report concludes that three Dublin archbishops, from 1940 to 1987, chose not to alert police to abuse cases, but instead moved the offending priests to other parishes. A few priests and lower-level police officials tried, usually unsuccessfully, to pursue some of the cases. When senior police officials learned of problems, they generally handed complaints over to the Archdiocese for investigation. As evidence that the Archdiocese had knowledge of the problem, the report says that in 1987 it negotiated an insurance policy to cover costs it would incur in defending lawsuits and paying compensation claims. The abuse records were not released until in 2004 the Vatican insisted on it.

Human Rights Group Protests Saudi Death Sentence For TV Host Charged With Witchcraft

In a release issued Tuesday, Human Rights Watch called on a Saudi Arabian appellate court to overturn the death sentence imposed on a Lebanese man charged with witchcraft. According to AP, Ali Sabat was arrested by Saudi religious police who spotted him at his hotel in Medina last year while he was on the omra pilgrimage. In Lebanon, many psychics, fortune tellers and astrologers have regular radio and television programs. Sabat is the most popular psychic on the Lebanese satellite TV channel Sheherazade. A lower court in Medina imposed the death sentence on Sabat on Nov. 9. Apparently Sabat, who did not have a lawyer, had confessed because interrogators told him that if he did, he could go home to Lebanon. The case is being appealed to the cassation court in Mecca. Human Rights Watch, reviewing a number of cases in the last few years, more broadly called on the Saudi government to stop using the vaguely defined charge of witchcraft against defendants. Saudi Arabia has no criminal code, and judges are free to define acts thaey deem criminal and impose punishments.

President Issues Proclamation Declaring Thanksgiving Day 2009

Earlier this week, President Barack Obama signed the official Presidential Proclamation declaring today as a "National Day of Thanksgiving." It reads in part:

Today, we recall President George Washington, who proclaimed our first national day of public thanksgiving to be observed "by acknowledging with grateful hearts the many and signal favors of Almighty God," and President Abraham Lincoln, who established our annual Thanksgiving Day to help mend a fractured Nation in the midst of civil war. We also recognize the contributions of Native Americans, who helped the early colonists survive their first harsh winter and continue to strengthen our Nation....

I encourage all the people of the United States to come together, whether in our homes, places of worship, community centers, or any place where family, friends and neighbors may gather, with gratitude for all we have received in the past year; to express appreciation to those whose lives enrich our own; and to share our bounty with others.

Yesterday, in another Thanksgiving tradition, the President announced the "Pardoning of the National Turkey." Later he and his family were to deliver two other turkeys to a D.C. organization that fees the needy.

Rabbis Offer Torah Scrolls As Collateral For Rubashkin's Release on Bail

As previously reported, Sholom Rubashkin, the manager at Agriprocessors' Postville, Iowa kosher meatpacking plant that was raided by federal immigaration authorities in May 2008, was convicted earlier this month on 86 counts charging money laundering and fraud. Seeking Rubashkin's release on bail pending sentencing, Rubashkin's attorneys offered unusual collateral as bond. Not only were his supporters willing to pledge the equity in their homes totally nearly $8 million, but six rabbis offered to pledge sacred Torah scrolls as collateral. (Cedar Rapids Gazette, 11/18). Federal district judge Linda R. Reade was apparently unimpressed. She denied bail, and Rubashkin's attorneys say they will appeal. (Iowa Independent, 11/25).

Meanwhile, last week, at the government's motion, the 72 still-pending immigration-related charges against Rubashkin were dismissed without prejudice. The government concluded that the sentence on the fraud charges is likely to be substantially longer than any sentence for immigration law violations. Some of the fraud charges involved making false statements about harboring illegal aliens. The dismissal conserves prosecutorial resources and lessens inconvenience to witnesses. (Iowa Independent, 11/19). Rubashkin and others still face state charges of violating child labor laws.

"Jews for Jesus" Sue Over Right To Leaflet At Labor Day Festival

Each year on Labor Day weekend in downtown Pontiac, Michigan, Oakland County sponsors its "Arts, Beats & Eats Festival." Yesterday's Oakland Press reports that the local Jews for Jesus congregation (Congregation Shema Yisrael) has filed a lawsuit against the city of Pontiac charging that police last September used threats, intimidation and coercion to prevent them from distributing pamphlets on a sidewalk near the Festival entrance. After the Jews for Jesus members, wearing T-shirts reading "Jesus Made Me Kosher," handed out 2,500 pamphlets on Sunday, police on Monday told them to move a block away because the sponsors of the Festival did not want them to hand out their materials. The suit alleges that police have tried to stop their leafleting for the past three years, and they fear that next year they will again be prevented from freely proselytizing. [Thanks to Brian D. Wassom for the lead.]

Obama Sends Greetings To Hajj Pilgrims As Eid-ul-Adha Approaches

As Muslim pilgrims from around the world, including 20,000 Americans, performed the Hajj, President Barack Obama yesterday issued greetings to them in anticipation of tomorrow's observance of Eid-ul-Adha. His statement read in part:

Michelle and I would like to send our best wishes to all those performing Hajj this year, and to Muslims in America and around the world who are celebrating Eid-ul-Adha. The rituals of Hajj and Eid-ul-Adha both serve as reminders of the shared Abrahamic roots of three of the world’s major religions.

During Hajj, the world’s largest and most diverse gathering, three million Muslims from all walks of life – including thousands of American Muslims – will stand in prayer on Mount Arafat. The following day, Muslims around the world will celebrate Eid-ul-Adha and distribute food to the less fortunate to commemorate Abraham’s willingness to sacrifice his son out of obedience to God.

His statement also pointed to U.S. Saudi Arabian cooperation in preventing the spread of the H1N1 virus during Hajj ceremonies. The President's statement was also made available in Arabic, Persian, Dari, Urdu, Pashto, Russian and French translations.

Brooklyn Neighbors Object To Loud Recorded Church Bells

In the Marine Park neighborhood of Brooklyn, New York, some residents are protesting the decibel level of church bells from St. Thomas Aquinas Church. Your Nabe reported yesterday that the problem began when the church began to use a speaker system to play recorded bell melodies from 9 a.m. to 7 p.m. each day. The city's Department of Environmental Protection says that the city's noise ordinance does not apply to organs, bells and chimes used by houses of worship. (New York City Administrative Code, Sec. 24-217). City Councilman Lew Fidler is trying to mediate the situation, but so far has been unsuccessful. Neighborhood resident Joseph Zelinsky says that the exemption for church bells should not apply here because the noise is caused by loud speakers, not bells.

Court Rejects Attempt To Block Demolition of Catholic Church Building

A state trial court in Galveston, Texas on Tuesday dismissed a lawsuit that had been brought by parishioners of Our Mother of Mercy Church to prevent the Catholic Archdiocese of Galveston-Houston from demolishing the church building. Yesterday's Houston Chronicle reports that while the church building survived Hurricane Ike last year, the Archdiocese decided to close the church as part of a plan to consolidate parishes. (Letter from Archdiocese.) Galveston County district judge John Elisor held that the lawsuit was asking the court to improperly interfere with internal church affairs.

Town Decides To Remove Creche Rather Than Permit Atheist and Other Messages

The Chambersburg, Pennsylvania Borough Council on Monday voted to allow only American flags and flowers on the town's Memorial Square fountain war memorial. The decision means that the Nativity scene that was placed on the Square again this year by the Chambersburg Garden Club must now be taken down. Council's action came after an atheist group sought permission to put up a sign on the Square showing a rising sun over the words "Celebrating Solstice. Honoring Atheist War Veterans." Yesterday's Chambersburg Public Opinion says Council members concluded they would rather have no displays on Memorial Square than permit an influx of competing messages each holiday season. Carl Silverman, director of the mid-state chapter of PA Nonbelievers, said Council's decision reflected discrimination against atheists and other nonbelievers. [Thanks to Scott Mange for the lead.]

UPDATE: The Dec. 4 Harrisburg Patriot-News reports that the Nativity scene has found a new home in front of Central Presbyterian Church, just across the street from the Memorial Square Fountain.

India's Parliament Disturbed Over Commission Report on 1992 Mosque Destruction

According to Time Magazine yesterday, a report delivered in June to India's Prime Minister, and leaked to the press last week, on a 1992 incident in Ayodhya, in the northern state of Uttar Pradesh, has created so much turmoil that both houses of Parliament have had to be adjouned repeatedly over the last two days. At issue is the report by the Liberhan Commission of Enquiry on the 1992 destruction of the Babri Mosque by Hindu extremists who believe the mosque was built on the birthplace of the Hindu god Ram. Politicians had exploited passions by promising to build a Temple to Ram on the site. BJP leaders have always claimed that the attack on the mosque was spontaneous. The new report, however, concludes that the attack was meticulously planned, and approved by senior members of the Hindu nationalist Bhartiya Janata Party (BJP).

3rd Circuit OK's Ban On Religious Holiday Songs At School Concerts

In Stratechuk v. Board of Education, South Orange-Maplewood School District, (3d Cir., Nov. 24, 2009), the U.S. 3rd Circuit Court of Appeals upheld a New Jersey school district's policy banning celebratory religious holiday music at school-sponsored holiday concerts. Holiday music could still be taught in music classes. Also, songs with religious content not specifically related to the holidays at hand could be performed in concerts. The 3d Circuit rejected plaintiff's argument under the Establishment Clause that the policy's purpose and effect is to disapprove of religion. The school argued that its purpose was to prevent governmental endorsement of religious holidays. The Court concluded:

Certainly, those of us who were educated in the public schools remember holiday celebrations replete with Christmas carols, and possibly even Chanukah songs, to which no objection had been raised. Since then, the governing principles have been examined and defined with more particularity. Many decisions about how to best create an inclusive environment in public schools, such as those at issue here, are left to the sound discretion of the school authorities.

The court also rejected plaintiff's claim that the school was unconstitutionally restricting students' access to ideas. Yesterday's Newark Star-Ledger reported on the decision. (See prior related posting.)

Lawsuit Challenges Museum's Cancellation of Pro-Intelligent Design Film

A press release yesterday from the American Freedom Alliance (AFA) reports on a lawsuit it has filed against the California Science Center (CSC). AFA says its free expression rights were infringed when CSC, a state agency, cancelled a scheduled showing in its IMAX Theater of "We Are Born of the Stars"-- a documentary promoting Intelligent Design. The lawsuit alleges that CSC cancelled the film because it did not want the museum to be viewed as legitimizing Intelligent Design as a scientific theory. The complaint alleges that CSC's President, Jeffrey Rudolph, was pressured to cancel the event by colleagues at the Smithsonian Institution, the University of Southern California, the Huntington Library and elsewhere. Yesterday was the 150th anniversary of the publication of Darwin's Origin of the Species, and AFA had planned two films to kick off a series of events exploring competing theories on life's origins.

UPDATE: Here is the full text of the complaint in American Freedom Alliance v. California Science Center, (Cal. Super. Ct., filed 11/19/2009). [Thanks to Willaim Becker.]

White House State Dinner Accommodates Hindu Vegetarianism

Tonight the White House is hosting the first State Dinner of the Obama Presidency, honoring India's prime minister, Dr. Manmohan Singh. (White House Blog.) The carefully created dinner menu takes account of the vegetarian diet practiced by many Hindus. All the courses are vegetarian, except that guests have the option of Green Curry Prawns instead of Roasted Potato Dumplings for the main course. Blog of the Times is covering various aspects of the dinner.

Suit Challenges School's Censorship of Anti-Islam T-Shirts

Yesterday the ACLU of Florida filed a federal lawsuit against the Alachua County (FL) school board challenging the constitutionality of the district's policy of banning students from wearing T-shirts with messages that are "offensive to others." The Gainesville Sun reports that the suit, alleging freedom of expression claims, was filed on behalf of two families that are members of the Dove World Outreach Center. School officials asked the students involved to cover their T-shirts which, on the back, read "Islam is of the Devil." On the front, the T-shirts read: "I stand in truth with Dove World Outreach Center", followed by, "Jesus answered I am the way and the truth and the life; no one goes to the Father except through me."

Some students were told they could not wear the T-shirts at all. Others were only required to cover the message on the back, but not the Christian message on the front. The ACLU says the issue is whether, under the First Amendment, school officials can permit positive messages about faith, religion or other matters, while banning negative messages about those subjects. School officials say they can bar messages that are disruptive to the learning environment, substantially interfere with maintaining discipline at school, or which infringe other students' rights.

Estate of Deceased FLDS Leader Seeks Return of UEP Trust

The complicated and long-running efforts of a Utah state court to reform the $120 million FLDS United Effort Plan Trust (see prior posting) has run into a new complication. AP reported yesterday that attorneys for the estate of Rulon Jeffs-- former leader of the polygamous FLDS Church-- have filed a motion asking the court to return control of the trust to the estate. The court took control of the trust in 2005 after Warren Jeffs, Rulon's son, was charged with mismanaging the property held by the trust. The new motion argues that the property belongs to the Corporation of the President of the FLDS Church, and that the court's prior actions have denied the estate, and the Corporation of the President, due process.

Iran's Largest Paper Shut Down For Publishing Photo of Baha'i Temple

AFP reported yesterday that Iran's Press Supervisory Board has ordered Hamshahri, the country's largest circulation newspaper, closed down because it published a photo on its front page of a Baha'i temple. The photo was part of an ad encouraging tourists to visit the Baha'i shrine. Iran's 300,000 Baha'is have been discriminated against over the years, and the religion is not recognized as a minority religion by Iran. (Background.) However, according to an AP report, Hamshahri, run by the municipality of Tehran, has also been critical of President Mahmoud Ahmadinejad. Tehran's mayor, Mohammad Baqer Qalibaf, is a critic and rival of Ahmadinejad. Over 120 pro-reform newspapers have been ordered closed since 2000.

UPDATE: An Iranian news agency says that courts have lifted the ban on Hamshahri one day after it was imposed. (Fresno Bee, 11/24.)

State Department Official Testifies On Religious Freedom In Middle East

On Nov. 19, a subcommittee of the House Committee on Foreign Affairs held a hearing on The State of Political and Religious Freedom in the Middle East. Michael H. Posner, Assistant Secretary, Bureau of Democracy, Human Rights, and Labor, testified. (Full text of Posner's statement.) He said in part:

We recognize that there are many significant challenges to religious freedom and tolerance in the Middle East and South Asia. Throughout the region religious minorities do not enjoy equal access to education, employment, healthcare, and legal recourse. In some places, blasphemy and apostasy laws inhibit the social contributions of minorities and exacerbate inter-religious tension. In many Muslim-majority countries, minority Muslim sects are marginalized and members of the majority sect are not free to challenge official religious opinions. I want to emphasize that religious freedom is not just a concern for religious minorities; majority communities need space to self-critique and adapt to changing conditions over time.

Reporting on the hearing, the Pakistan Christian Post yesterday said that questions asked of Posner during the hearing demonstrated that the U.S. has not seriously pressured its allies Saudi Arabia and Egypt to comply with international human rights law.

Hannah Rosenthal To Be Named State Department's Special Envoy On Anti-Semitism

JTA reported yesterday that President Obama will name Hannah Rosenthal as the State Department's new Special Envoy to Combat and Monitor Anti-Semitism. Rosenthal served from 2000 to 2005 as executive director of the Jewish Council for Public Affairs. Her appointment was welcomed by the ADL and the JCPA. However, according to JTA, some conservatives criticize her, citing her service on the advisory board of J Street, a new organization that describes itself as the political arm of the pro-Israel, pro-peace movement.

Iraq Gives Added Payment To Mixed Sunni-Shiite Couples Marrying

In Iraq, the country's vice-president, Tariq al-Hashemi, is trying to heal rifts between Shiites and Sunnis by encouraging intermarriage between the two groups. Monday's USA Today says that Hashemi is offering a government gift of $2000 to each mixed couple that marries. About a dozen of these couples will take part in a eremony and celebration on Friday, funded by the government. The mixed couples will receive their $2000 along with government funded wedding clothes and hotel rooms. Some 375 couples from the same sect will also marry in the subsidized group ceremony. They will receive a $750 gift from the government.

FBI Releases 2008 U.S. Hate Crimes Data

The FBI today released its report on Hate Crime Statistics 2008. The FBI says the numbers are up slightly from last year, but the number of agencies reporting data varies from year to year. Of the 9,168 hate crime offenses (in 7,783 incidents), 1,606 were motivated by religious bias. (Incidents and Offenses data.) The largest percentage of those (65.7%) were anti-Jewish. 7.7% were anti-Islamic, 4.7% were anti-Catholic, 3.7% were anti-Protestant, 0.9% were anti Atheist/ Agnostic. Some 3,608 hate crime offenses were against property. 6.6% of those were directed at religious organizations. [Thanks to Michael Lieberman for the lead.]

UPDATE: The ADL on Monday issued a press release reacting to the new data and calling for "a coordinated campaign to prevent, deter, and respond effectively to criminal violence motivated by bigotry and prejudice." The ADL has also compiled charts giving additional data: (1) 10 year comparison of number of hate crimes; (2) number of law enforcement agencies reporting, by state; (3) hate crimes data since 1992 from 50 largest cities; and (4) state-by-state incident reports 1991-2008.

Suit Challenges Policy of Opening College Events With Prayer

Americans United announced Friday that it has filed a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. The complaint (full text) in Westphal v. Wagner, (CD CA, filed Nov. 19, 2009), alleges:

3. For years, the trustees, the chancellor, and the president of Saddleback College have routinely held official prayer at numerous events for college students and faculty, including scholarship ceremonies, graduations, and the Chancellor’s Opening Sessions.

4. The college communities are religiously diverse, and the official prayers deeply offend many students, faculty, and staff. For some, the official prayers are insulting to their deeply held religious beliefs, or even offensive to God. For some, the official prayers make them feel like outsiders because they do not belong to the District’s preferred faith community. And for some, the official prayers represent the District’s attempt to impose that preferred faith on them.

5. For years, therefore, college students, faculty, and staff, as well as scholarship donors, community members, and others have publicly objected to the District’s prayer practice, requesting that a moment of silence or some other, less divisive practice be adopted instead. But rather than respecting the beliefs of its faculty and students, the trustees, the chancellor, and Saddleback College’s president have responded by expanding the prayer practice, by making the prayers ever more religious and divisive, and by publicly attacking members of minority faiths and nonbelievers for not sharing the District’s preferred faith. Plaintiffs therefore have no choice but to seek provisional relief and a permanent injunction to stop the prayer.

[Thanks to Alliance Alert for the lead.]

White House Marks Sikh Holiday For First Time

On Friday, Nov. 13 [corrected], the White House hosted a reception commemorating the 540th anniversary of the birth of Guru Nanak Dev Ji, the first guru in Sikhism. According to the White House Blog, this is the first time this holiday has ever been celebrated at the White House. Sikh leaders from around the country joined a number of White House staff at the reception that featured traditional hymns led by the Sikh Kirtani Chanters from the Golden Temple in Amritsar, India.

Recent Articles Of Interest

From SSRN:

• Israel Zvi Gilat, 'Conquest by War' in Jewish Law: The Beautiful Woman Case, (November 17, 2009).
• John Mikhail, Dilemmas of Cultural Legality: A Comment on Roger Cotterrell's 'The Struggle for Law' and a Criticism of the House of Lords' Opinions in Begum, (International Journal of Law in Context, Vol. 4, pp. 385-393, 2009).
• Norman T. Deutsch, May Religious Worship Be Excluded from a Limited Public Forum? Commentary on the Ninth Circuit Court of Appeals Decision in Faith Center Church Evangelistic Ministries v. Glover, (University of Hawaii Law Review, Vol. 31, No. 29, 2008).
• Lael Daniel Weinberger, Religion Undefined: Competing Frameworks for Understanding 'Religion' in the Establishment Clause, (University of Detroit Mercy Law Review, Vol. 86, No. 4, 2009).

From SmartCILP and elsewhere:

• Robert A. Kahn, The Danish Cartoon Controversy and the Rhetoric of Libertarian Regret, 16 University of Miami International & Comparative Law Review 151-181 (2009).
• Richard Falk, Responsible Scholarship in "Dark Times", 7 UCLA Journal of Islamic & Near Eastern Law 1-16 (2008-2009).
• Umar F. Abd-Allah, Living Islam with Purpose, 7 UCLA Journal of Islamic & Near Eastern Law 17-66 (2008-2009).
• Mohamed Abdel Dayem & Fatima Ayub, In the Path of Allah: Evolving Interpretations of Jihad and Its Modern Challenges, 7 UCLA Journal of Islamic & Near Eastern Law 67-120 (2008-2009).
• Nicholas May, Holy Rebellion: Religious Assembly Laws in Antebellum South Carolina and Virginia, 49 American Journal of Legal History 237-256 (2007).
• Susan Weiss, The Tort of Get Refusal, (Conversations, The Journal of the Institute for Jewish Ideas and Ideals, Issue 5, 2009).

Norwegian Univeristy Debates Use of Gym For Muslim Prayers

At Norway's University of Oslo, Muslim students are encountering resistance to their request to use a university gymnasium for a half hour each Friday for prayer services. Europe News reported last week that the deans of Law and Theology want a debate on how to accommodate religious needs of students while protecting the University's common, secular space. Muslim students currently have a prayer room at the University, but it is too small to accommodate the 40 to 80 students who attend on Fridays.

Recent Prisoner Free Excercise Cases

In Perez v. Westchester County Department of Corrections, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that plaintiffs who obtained a settlement requiring prison authorities to serve Muslim prisoners halal meat were "prevailing parties" for purposes of the award of attorneys' fees and that the fee caps in the Prison Litigation Reform Act apply even though some of the plaintiffs were released before the successful resolution of the litigation.

In Pressley v. Madison, 2009 U.S. Dist. LEXIS 107231 (ND GA, Nov. 17, 2009), a Georgia federal district judge permitted a Muslim plaintiff to move ahead with her complaint that she was not permitted to wear her hijab covering her head while temporarily transferred for two days from prison to a county jail. The suit asks for an injunction to prohibit Barrow County Jail from depriving Muslim women of their hijabs and also seeks several million dollars in damages.

In Williams v. Cate, 2009 U.S. Dist. LEXIS 107920 (ED CA, Nov. 10, 2009), a California federal magistrate judge allowed a prisoner who was a member of the House of Yahweh faith to proceed against some of the defendants named in his lawsuit for alleged violations of the free exercise and equal protection clauses, as well as RLUIPA. The lawsuit alleged refusals to accommodate plaintiff's religious dietary requirements, failure to hold House of Yahweh religious services and discrimination in funding from the religious services budget.

In Morris v. Woodford, 2009 U.S. Dist. LEXIS 107612 (ND CA, Nov. 18, 2009), a California federal district court held that a prisoner had stated a cognizable claim under the 1st Amendment and RLUIPA. His complaint alleged denial and confiscation of his Qu'ran and other Islamic study and prayer materials.

In Lynch v. Huffman, 2009 U.S. Dist. LEXIS 107476 (SD IN, Nov. 17, 2009), an Indiana federal district court dismissed an inmate's claim that his free exercise rights were violated when his request to see a chaplain was ignored while he was in administrative segregation for two months. He did not allege this imposed a substantial burden on his religious exercise. Moreover the claim was now moot.

European Commission Tells Britian Its Exemption For Church Employees Is Too Broad

Yesterday's London Observer reports that the European Commission has written United Kingdom authorities telling them that in the opinion of EC lawyers, exemptions in Britain's Employment Equality (Sexual Orientation) Regulations 2003 , Sec. 7(3), are broader than permitted by EU directives. EU Council Directive 2000/78/EC permits exceptions to employment discrimination bans only "in very limited circumstances ... where a characteristic related to religion or belief ... constitutes a genuine and determining occupational requirement, when the objective is legitimate and the requirement is proportionate." Britain currently exempts religious organizations that discriminate on the basis of sexual orientation, so long as they are doing so to comply with their religious doctrines (or with the strongly held religious convictions of its followers). This exemption is available regardless of the nature of the particular job. The British government has already drafted possible language to bring Britain into compliance with the EU.

Religious Scholar Becomes Effective Regime Opponent In Iran

Today's New York Times reports that Iran's Grand Ayatollah Hossein Ali Montazeri has become one of the most effective critics of the current Iranian regime. Montazeri, the most knowledgeable religious scholar in the country, attacks the government as not Islamic. The ailing cleric in his mid-80's issues stinging criticisms online and elsewhere. In one, he said: "A political system based on force, oppression, changing people’s votes, killing, closure, arresting and using Stalinist and medieval torture, creating repression, censorship of newspapers, interruption of the means of mass communications, jailing the enlightened and the elite of society for false reasons, and forcing them to make false confessions in jail, is condemned and illegitimate." Iran's current religious leader, Ayatollah Ali Khamenei, has only limited religious credentials and thus Montazeri may be able to delegitimize him.

Maldives Considering Ban On Public Worship By Non-Muslims

Maldives parliament, the People's Majlis, is considering a bill to outlaw building of places of worship for non-Muslim religions and to prohibit the practice of other faiths in public. (Minivan News, Nov. 18). The bill will allow non-Muslim foreigners to worship in the privacy of their homes, but they could not invite Maldivians to participate. Violations of the law would carry jail terms of up to five years and fines of up to $4600 (US). Maldives constitution already prohibits non-Muslims from becoming citizens. On Friday, Maldives President Mohamed Nasheed said he would seek advice from religious scholars on whether it is permissible to allow non-Muslims to worship in an Islamic community. (Minivan News.) He says it is clear that under the constitution, laws that are contrary to Islam cannot be enacted. The bill was apparently triggered in part by the government's proposal to create wedding tourism in the country, as well as by inquiries from foreigners about creating houses of worship.

Suit Challenges Closing of 50 Churches By Cleveland Catholic Diocese

A lawsuit has been filed in state court in Akron, Ohio seeking to prevent the Cleveland Catholic Diocese from moving ahead with its plans to close some 50 of its churches in eight counties. The closures and parish mergers are designed to save money and make better use of the Diocese's limited number of priests. According to yesterday's Cleveland Plain Dealer, Nancy McGrath, head of the newly formed group Code Purple, alleges in her lawsuit that under Ohio law, the Bishop needs consent of parishioners to close the churches. She claims that parish property is held in trust for the parish, and argues that consent of the beneficiaries is needed before the trustee can dispose of trust assets. In response, the Diocese argues that Ohio case law makes it clear that the individual members of the parish are not beneficiaries of the trust, and they have no standing to enforce the trust. It also argues that the First Amendment requires civil courts to respect decisions of hierarchical Church authorities in situations such as this.

Last month McGrath was named in a restraining order preventing her and other protesters from taking over a church in Akron scheduled for closure. The Diocese has now worked out a compromise under which protesters can remain in a Church until midnight on the day of its last Mass.

Regulatory Issues Abound In New York Hasidic Village

The Forward last week reported on some of the difficult regulatory enforcement issues faced by the state and surrounding communities in connection with developments in New Square, New York. New Square, whose population is made up almost entirely members of the Skverer Hasidic sect of Orthodox Jews, is a separately incorporated village that is part of the town of Ramapo. New Square controls its own zoning and municipal code.

The most controversial immediate issue is the planned construction of a large kosher poultry slaughterhouse on city land abutting on homes just outside of New Square. The slaughterhouse project has received a $1.62 million grant of state development funds, even though it has not received approval from local planning departments. A smaller slaughterhouse constructed ten years ago already cause various sorts of problems for its neighbors.There has also been a history of non-compliance with state fire codes in the dense housing developments in New Square. The problems are complicated by the insularity of the Hasidic community, whose first language is Yiddish, and its political clout growing out of its ability to get the community to vote as a block for favored candidates. Earlier this month, 100% of New Square's 2075 votes went to one of the two candidates running to head Ramapo's government. The opposing candidate had expressed concern about the slaughterhouse project.

Rhode Island Bishop Tells Patrick Kennedy Not to Receive Communion

Today's Providence (RI) Journal reports that Catholic Diocese of Providence Bishop Thomas J. Tobin has barred U.S. Rep. Patrick J. Kennedy (D-RI) from receiving communion because of Kennedy's views on abortion rights. Kennedy told the newspaper: "The bishop instructed me not to take Communion and said that he has instructed the diocesan priests not to give me Communion." This take the dispute between the two-- that has become public in connection with health care reform proposals-- to a new height. (See prior posting.) Tobin's office declined to comment on any conversation between Tobin and Kennedy, but denied that Tobin had spoken with diocese priests about the matter.

UPDATE: Former New York governor, Mario Cuomo, reacting to Church pressure on Patrick Kennedy, warned that if Church leaders pressure Catholic politicians to follow Church teaching in their political roles, this may well lead to people being hesitant to vote for Catholics. According to AP on Sunday, Cuomo said in part: "The American people need no course in philosophy or political science or church history to know that God should not be made into a celestial party chairman."

UPDATE2: Bishop Thomas J. Tobin issued a statement (11/22) in response to Rep. Kennedy's remarks. He says he wrote Kennedy in Feb. 2007 asking that he refrain from receiving Holy Communion in light of his consistent actions in opposition to Church teachings. The letter said that Tobin was writing Kennedy "personally and confidentially as a pastor addressing a member of his flock." Tobin says he is disappointed that Kennedy has now made this public.

2nd Circuit Says EEOC Can Subpoena Company's Nationwide Records

In Equal Employment Opportunity Commission v. United Parcel Service, (2d Cir., Nov. 19, 2009), the U.S. 2nd Circuit Court of Appeals held that the district court should enforce a subpoena issued by the EEOC seeking information on how religious exemptions from UPS's Uniform and Personal Appearance Guidelines are handled nationwide. The appeals court concluded that the district court had applied too restrictive a concept of relevance in refusing to enforce the subpoena in connection with the Commission's investigation of a case in Buffalo and one in Dallas involving Muslims who wanted for religious reasons to wear beards. [Thanks to Steven H. Sholk for the lead.]

9th Circuit Won't Enjoin Church Sign Regulations, But Remands For Further Consideration

In Reed v. Town of Gilbert, Arizona, (9th Cir., Nov. 20, 2009), the U.S. 9th Circuit Court of Appeals held that a town's limitations on temporary directional signs are a content-neutral regulation that does not impermissibly favor commercial speech over noncommercial speech. It therefore affirmed the lower court's denial of a preliminary injunction to the Good News Presbyterian Church which claimed its First Amendment and Equal Protection rights were violated by the regulation. The church uses temporary signs to inform the public of the location of its Sunday services, held in an elementary school. However the court remanded the case for the district court to consider whether the regulation unconstitutionally favors some noncommercial speech over other noncommercial speech. Yesterday's Arizona Republic reported on the decision. (See prior related posting.)

New York High Court OK's State Employee Benefits To Same-Sex Spouses

In Godfrey v. Spano, (NY Ct. App., Nov. 19, 2009), New York's high court held that state civil service officials had authority to recognize, for purposes of employee health and other benefits, same-sex marriages validly performed in other states. The court pointed to the broad statutory authority given to the Civil Service Commission to determine who should obtain benefit coverage. Three concurring judges would have gone further and held that same-sex marriages, valid where performed, are entitled to full recognition under New York law. Friday's New York Times reported on the decision. [Thanks to Y.Y. Landa for the lead.]

IRS Schedules Hearing On Changes For Authorizing Church Tax Examinations

The Internal Revenue Service announced this week (Federal Register) that it is scheduling a public hearing for Jan. 10, 2010 on proposed amendments to clarify clarify which high level Treasury official has authority to authorize commencement of a church tax inquiry. (See prior related posting.) Those who have previously submitted written comments who wish to also make an oral presentation at the hearing must submit an outline by Dec. 9.

Indiana Christian TV Station Produces Program on Faith and the Law

A press release today on Christian Newswire reports on a new television program produced by an Indianapolis, Indiana television station. Each Wednesday at noon, WHMB-TV broadcasts "Faith and the Law." According to the press release, the program (which began October 7) "provides information on the attack on our religious freedom and encourages all Christians to stand up and fight back." The program's host is lawyer Timothy A. Rowe.

Ohio Supreme Court: Regional Church Offices Are Not Tax Exempt

In Church of God in Northern Ohio v. Levin, (OH Sup. Ct., Nov. 18, 2009), the Ohio Supreme Court in a 4-3 decision held that property used only as the regional administrative headquarters of a denomination's local churches is not tax exempt. Property primarily used to support public worship that is conducted at other locations by local congregations is not exempt either as property used exclusively for public worship nor as property used exclusively for charitable purposes. According to the majority, public worship by itself is not a "charitable activity."

The dissenters argued that the headquarters were exempt as property used exclusively for a charitable purpose because it plays an integral role in the public worship and outreach programs of local churches.