Obama Accepts Nobel Peace Prize With Speech Focusing on "Just War"

President Barack Obama this morning accepted the Nobel Peace Prize with a speech (full text) that focused extensively on the concept of "just war." Here are some excerpts:

Over time, as codes of law sought to control violence within groups, so did philosophers, clerics and statesmen seek to regulate the destructive power of war. The concept of a "just war" emerged, suggesting that war is justified only when it meets certain preconditions: if it is waged as a last resort or in self-defense; if the forced used is proportional; and if, whenever possible, civilians are spared from violence.

For most of history, this concept of just war was rarely observed. The capacity of human beings to think up new ways to kill one another proved inexhaustible, as did our capacity to exempt from mercy those who look different or pray to a different God. Wars between armies gave way to wars between nations — total wars in which the distinction between combatant and civilian became blurred. In the span of 30 years, such carnage would twice engulf this continent. And while it is hard to conceive of a cause more just than the defeat of the Third Reich and the Axis powers, World War II was a conflict in which the total number of civilians who died exceeded the number of soldiers who perished.

In the wake of such destruction, and with the advent of the nuclear age, it became clear to victor and vanquished alike that the world needed institutions to prevent another World War.
...

As the world grows smaller, you might think it would be easier for human beings to recognize how similar we are, to understand that we all basically want the same things, that we all hope for the chance to live out our lives with some measure of happiness and fulfillment for ourselves and our families.

And yet, given the dizzying pace of globalization, and the cultural leveling of modernity, it should come as no surprise that people fear the loss of what they cherish about their particular identities — their race, their tribe and, perhaps most powerfully, their religion. In some places, this fear has led to conflict. At times, it even feels like we are moving backwards. We see it in the Middle East, as the conflict between Arabs and Jews seems to harden. We see it in nations that are torn asunder by tribal lines.

Most dangerously, we see it in the way that religion is used to justify the murder of innocents by those who have distorted and defiled the great religion of Islam, and who attacked my country from Afghanistan. These extremists are not the first to kill in the name of God; the cruelties of the Crusades are amply recorded. But they remind us that no Holy War can ever be a just war. For if you truly believe that you are carrying out divine will, then there is no need for restraint — no need to spare the pregnant mother, or the medic, or even a person of ones own faith. Such a warped view of religion is not just incompatible with the concept of peace, but the purpose of faith — for the one rule that lies at the heart of every major religion is that we do unto others as we would have them do unto us.

Adhering to this law of love has always been the core struggle of human nature. We are fallible. We make mistakes, and fall victim to the temptations of pride, and power, and sometimes evil. Even those of us with the best intentions will at times fail to right the wrongs before us.

Court Rejects Free Exercise Challenge To New Mexico Cock Fighting Ban

In Kizzar v. Richardson, 2009 U.S. Dist. LEXIS 114191 (D NM, Oct. 31, 2009), a New Mexico federal district court dismissed a pro se plaintiff's scatter-shot challenge to New Mexico's 2007 law banning cock fighting. Plaintiff's pleadings were somewhat incoherent as to the exact action that had been taken against him under the new law. One of his numerous challenges was that his free exercise rights were being infringed. He alleged that the statute on cockfighting "states that laws giving animals entitlement to rights, and judging or condemning individuals by the manner of treatment of animals contradicts the Bible, disparaging the Plaintiff's Christian belief, while bolstering the Animal Rights creed." The court held that plaintiff failed to allege how his rights had been violated, nor did he allege that he is no longer free to practice his religion.

Resolution To Protect Sanctity of Christmas Introduced Into House

On Tuesday, South Carolina Congressman Henry E. Brown, Jr. introduced H. Res. 951 which urges protection of the symbols and traditions of Christmas. The operative language reads:

Resolved, That the House of Representatives—
(1) recognizes the importance of the symbols and traditions of Christmas;
(2) strongly disapproves of attempts to ban references to Christmas; and
(3) expresses support for the use of these symbols and traditions by those who celebrate Christmas.

Rep. Brown's press release explaining the resolution says in part:

I am troubled by the growing sentiment that the phrase 'Merry Christmas' is not appropriate and I am worried that attempts to celebrate a 'politically correct' holiday season may cause the loss of some of the traditions sacred to this widely celebrated holiday.

I recognize that there are many religions that celebrate a variety of holidays this month and in accordance with the First Amendment, I believe it is important to preserve the right for everyone to worship as they believe....

We must not forget that the true meaning of Christmas is to celebrate of the birth of Christ and I will continue to work to protect the sanctity of this great holiday.

The Resolution has 17 co-sponsors.

UPDATE: On Dec. 10, Rep. Brown criticized President and Mrs. Obama for sending out White House holiday cards that say "Season's Greetings" and do not specifically mention Christmas. (Fox News.) [Thanks to God and Country blog for the lead.]

9th Circuit Hears Latest Appeal In Mt. Soledad Cross Case

Yesterday the U.S. 9th Circuit Court of Appeals heard oral arguments in Jewish War Veterans v. City of San Diego. (Recording of full arguments.) The case is part of the 20-year long series of lawsuits challenging the Mt. Soledad Veterans Memorial in San Diego, California, and the large Cross that is part of the memorial. This latest chapter is an appeal from a federal district court decision that rejected an Establishment Clause challenge, holding that Congress' primary purpose in acquiring the memorial was to preserve the site as a veterans' memorial, not to advance or favor a particular religion. The court went on to hold that maintaining the site with its cross has primarily a patriotic and nationalistic effect, rather than a religious one. (See prior posting.) Reporting on the oral arguments, yesterday's San Diego Union Tribune said that lawyers faced particularly heavy questioning from Judge M. Margaret McKeown.

Mormon Senator Orin Hatch Composes New Hanukkah Song

Tuesday's New York Times reports that Republican Senator Orin Hatch, a Mormon from Utah has written the lyrics for a catchy Hanukkah song, "Eight Days of Hanukkah." The music is by Hatch's musical collaborator,Madeline Stone. Hatch is known for writing Christian hymns and patriotic songs, but this is his first Jewish composition. Hatch says, "Mormons believe the Jewish people are the chosen people, just like the Old Testament says." Jeffrey Goldberg writing in Tablet Magazine chronicles the background that led to Hatch writing the song. It began with a conversation between Goldberg and Hatch ten years ago, and got a push from a blog entry by Goldberg last year. Here is a video of the song being performed by Rasheeda Azar, a Syrian-American vocalist from Indiana.

Today Is Human Rights Day-- 61st Anniversary of UN Declaration

Today is Human Rights Day, commemorating the 1948 adoption by the United Nations General Assembly of the Universal Declaration of Human Rights. Article 18 of the document provides:

Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance.

The theme of Human Rights Day 2009 is non-discrimination. Article 2 of the Declaration provides:

Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

The United Nations High Commissioner for Human Rights released a statement yesterday expanding on the concept of non-discrimination. After discussing discrimination against women and racial and ethnic minorities, Navi Palli continued:

Discrimination based on religion or belief can be equally destructive. In certain countries, members of certain groups are restricted in how they can exercise their religion or belief and deprived of their fundamental rights. In extreme cases such conditions may lead to sectarian violence, killing and conflict. Stereotyping can lead to stigmatization and isolationism.

British Court Rejects Criminal Charges Against Christian Hotel Owners

In Britain yesterday, a Liverpool Magistrate's Court dismissed charges of religiously aggravated threatening behavior that had been brought against a Christian couple who own a hotel in Liverpool. The charges brought under Section 5 of the Public Order Act (1986) charged that Ben and Sharon Vogelenzang had made threatening, abusive or insulting remarks about Islam to hotel guest Ericka Tazi. Yesterday's London Times reports that the charges grew out of a 15-minute incident at the hotel when Tazi, who was completing her stay after taking a pain management course at nearby Aintree Hospital, decided to wear a hijab to breakfast. Each side has a somewhat different version of the incident, and the judge, according to BBC News dismissed the charges because the evidence against the hotel owners was inconsistent. The Christian Institute sponsored the Vogelenzang's defense, and the high profile dismissal is seen as a victory by evangelical groups who say the issue was free speech and religious liberty. Business at the Vogelenzang's Bounty House Hotel fell 80% while the prosecution was pending. [Thanks to Religion News Blog for the lead.]

Questioning of Expert Witness About Religion Found To Be Harmless Error

In re State of New York v. Andrew O., (App. Div., Dec. 3, 2009), is an appeal of a trial court's finding that respondent is a dangerous sex offender who needs to be confined to a secure treatment facility. One objection raised by respondent was that the psychologist who testified for him was improperly questioned about religion. On cross-examination, counsel questioned the psychologist about Yoism, a religion that he founded. All five judges on the New York appellate court concluded that interjection of a party's religious beliefs or observances has no place in either a criminal or civil trial . However 4 of the 5 held that the objectionable questioning did not substantially influence the jury's verdict. Judge Rose dissenting argued that because of the importance of the psychologist's testimony in the case, the order should be reversed and the case sent back for a new trial. Yesterday's Albany Times-Union reported on the decision with additional details.

California Woman Pushing Initiative To Require Christmas Carols In Schools

Yesterday's Redding, California Record Searchlight reports on the progress of Merry Hyatt who is collecting signatures for a proposed ballot initiative (full text) that would require public schools to "provide opportunities to its pupils for listening or performing Christmas music at an appropriate time of year." The measure describes Christmas music as a "longstanding American tradition and a significant element of our cultural heritage as Americans." The initiative also provides that parents may opt their children out of the sessions. The proposed initiative was filed with California's Attorney General's office in September. Proponents must obtain 433,971 signatures by the end of March 2010 in order for the initiative to appear on the ballot. Rob Boston of Americans United says the proposed initiative is "blatantly unconstitutional."

Oman Authorities Investigating Religious Text Message Scam

In Oman, the Telecommunications Regulatory Authority is investigating a scam which some say is being carried out by mobile telephone companies exploiting religious sentiments of their subscribers. UAE's The National reported yesterday that automated religious text messages are being sent out to customers, concluding with: "Forward this message to 10 people to earn the rewards of afterlife." Other religious messages conclude more ominously: "If you do not forward this message then something bad will happen to you." Many Omanis, especially those in small towns, forward the messages as a religious act. In large quantities, these can be profitable for phone providers who charge a small fee for each text message sent. Omani telephone companies strongly deny they are responsible for the messages. The telecommunications business in Oman is highly competitive, with six companies vying for customers.

Canadian Street Preacher Acquitted of Noise and Other Charges

Yesterday's Calgary Sun reports on Monday's 90-page ruling by a Canadian Provincial Court judge in Calgary, Alberta. The court acquitted a street preacher on seven charges, finding that six of the charges infringed his rights to free expression and freedom of religion. Judge Allan Fradsham said that the city's response to what began a a noise complaint over Art Pawlowski's activities in Triangle Park bordered on an abuse of power. The preacher was distributing food while using a sound amplification system to preach his religious message. He was charged, and acquitted, on two counts of using amplification without a permit, three counts of placing material on a street without a permit, and a charge of causing unnecessary noise from a vehicle. The court also ruled that a seventh charge of stunting on a roadway while handing out food was not proven.

Cert. Filed In School's Ban of Student Musical Performance At Graduation

A petition for certiorari (full text) has been filed with the U.S. Supreme Court in the case of Nurre v. Whitehead. In the case, the U.S. 9th Circuit Court of Appeals, in a 2-1 ruling, held that school officials did not violate a student's free speech rights when they barred her from performing an instrumental version of Ave Maria at her Everett, Washington high school's graduation ceremony. (See prior posting.) In a press release announcing the filing of the petition for review, the Rutherford Institute expressed its concern that "arts education in the public schools is in danger of being sanitized of any art with remotely religious themes or inspiration." The petition describes the school's action as "political correctness run amuck, with art and student expression sacrificed to a heckler's veto...."

Israel's Justice Minister Creates Controversy With Comments on Religious Law

A speech given on Monday by Israel's Justice Minister Yaakov Neeman, calling for incorporating more of Jewish law into Israeli civil law, has set off a firestorm of protest in the country. According to Haaretz, the speech was given at the opening session of the organization Halichot Am Israel, a group that wants to make Jewish law part of Israel's civil justice system. There is a good deal of dispute over exactly what Neeman intended when he said "step by step, Torah law will become the binding law in the State of Israel." Statements later by Neeman and the Justice Ministry say he intended merely to speak in general terms about the importance of Jewish law to the life of the country, and apparently backed giving Rabbinical courts jurisdiction over financial disputes to help relieve the backlog of cases in the civil courts. (Haaretz). However political opponents called for his resignation, accusing him of promoting "Talibaization" in Israeli society, and proposing a theocracy in Israel. Yesterday's Jerusalem Post has reactions from numerous political and religious leaders to Neeman's remarks.

Russia's Supreme Court Agrees Jehovah's Witness Publications Are "Extremist"

The Supreme Court of the Russian Federation yesterday upheld a finding by a Rostov-on-Don Regional Court that 34 specific Jehovah's Witness publications (all published in the U.S. or Germany) are "extremist." Forum 18 reports that under the 2002 Extremism Law, the publications will now be added to the Justice Ministry's Federal List of Extremist Material and banned throughout the country. The Supreme Court also upheld the dissolution of the Taganrog Jehovah's Witness Congregation as extremist. The written opinion of the Supreme Court is not yet available. The lower court's opinion claimed that the publications incited hostility toward other religions, urged refusal of blood transfusions and refusal of civic responsibilities. The only appeal that is now available is to the European Court of Human Rights.

Newdow Asks DC Circuit To Eliminate Opening Cry Before His Case Is Heard

The U.S. Court of Appeals for the D.C. Circuit is scheduled to hear oral arguments on Dec. 15 in Newdow v. Roberts, a case which challenged the use of "so help me God" in the oath administered by Chief Justice John Roberts in swearing in President Barack Obama. It also challenged the practice of having clergy deliver an invocation and benediction at the inaugural. On the day of the inauguration, a D.C. federal district court denied a preliminary injunction. (See prior posting.) Yesterday, plaintiff Michael Newdow filed an interesting "Emergency Motion" asking the D.C. Circuit to dispense with the court's usual opening cry-- "God save the United States and this Honorable Court" prior to appellate arguments in the case. (Full text of motion and memorandum in support.) The motion argues:

Appearances are also critical for the judges themselves.... In other words, "federal judges must maintain the appearance of impartiality."... Although perhaps not as flagrant a violation of the Establishment Clause as those violations which underlie this litigation ... the religious opening cry is definitely of a similar species. Inasmuch as the Panel, at this stage of the proceedings, must assume the merits in Plaintiffs' favor, ... the appearance of impartiality is certainly questionable at best when the judges risk independently inflicting what may be yet one more "concrete and particular" injury to the First Amendment rights of those seeking their protection.

[Thanks to Bob Ritter for the lead.]

UPDATE: On Wednesday (12/9), in a one sentence order, a 3-judge panel rejected Newdow's request. (Blog of the Legal Times.) [Thanks to Joel Sogol via Religionlaw for the lead.]

Court Dismisses Suit Over Firing, Invokes Ministerial Exception

In Guerrier v. Southern New England Conference Association of Seventh-Day Adventists, 2009 Conn. Super. LEXIS 2962 (CT Super., Nov. 12, 2009), a Connecticut trial court invoked the ministerial exception doctrine to dismiss a group of tort and contract claims filed by a minister who had been removed by defendant as pastor of Shekinah Haitian Church in Norwich, and told there were no other past openings available. Plaintiff claimed that the motives for his dismissal had no relation to church doctrine, teaching or administration. He alleged they were related to his request for for medical benefits and increased wages and his inquiries regarding improper financial activities by a church member. The court held, however:

For the purposes of the ministerial exception, it matters only that the allegations require an inquiry into the church's reasons for the termination. Though the plaintiff does not allege that he was terminated for reasons of religious doctrine, for example, the defendant may be required to assert reasons of religious doctrine as a defense.

10th Circuit Refuses To Bar Deportation of Mormon To Colombia

In Terreros-Guarin v. Holder, (10th Cir., Dec. 2, 2009), the U.S. 10th Circuit Court of Appeals rejected a Colombian man's attempt to avoid deportation. Francisco Alberto Terreros-Guarin was an early convert to the Mormon Church in Colombia, and served in high-profile roles in the Church. He claimed, among other grounds for asylum and for a stay of his deportation, that because the Mormon Church is identified with the United States, several Mormon Churches in Colombia have been bombed and he has received threats. The court rejected his asylum claim because it was not filed within a year of entering the country. As to his request for a restriction on his removal, the Court agreed with the Board of Immigration Appeal that Terreros-Guarin had not proven that there was a clear probability of persecution on religious grounds if he was returned to Colombia. Yesterday's Mormon Times reported on the decision.

In This Year's Christmas Wars, More Cities Eliminate Religious Displays

This year's "Christmas Wars" seem to be taking a different shape. In past years, typically a government entity permitted a religious display which was then challenged in court. This year, in a number of cases a governmental entity, after researching the law, has changed past practice and removed, or not included, a religious component. (See prior posting.) The most recent example of this arose last night in Maryville, Tennessee. According to yesterday's Knoxville News, the city of Maryville ended its 22-year tradition of having a local radio personality read the Christmas story from the book of Luke as part of the annual "Illumination of the Greenbelt" festivities. City attorney Melanie Davis concluded the reading was not allowed after an inquiry from a concerned resident.

Kenyan Leader Says Noise Regulations Will Be Amended To Assure Right to Worship

In Kenya, Prime Minister Raila Odinga over the week end told a rally that new noise pollution regulations promulgated by the National Environmental Management Authority (NEMA) will not infringe religious freedom. According to today's Daily Nation, Odinga said that the Adhan-- the Muslim call to prayer-- would be exempted from the new noise pollution rules. He also said that Christian preachers should be allowed to continue to use public address systems in their churches. Sheikh Mohammed Dor said Muslims would be watching to see if the Prime Minister's directive is implemented. The exemptions announced by Odinga do not yet appear to be included in the version of the Noise Pollution Regulations (full text) that are posted on the NEMA website. On a related issue, Odinga ruled out removing the provision on Kadhis courts from Kenya's new draft constitution. (See prior posting.)

UPDATE: Kenya's Daily Nation (12/9) reports that Environment Minister John Michuki has promised to make certain that the new noise rules will be implemented. Apparently contradicting the statement by Prime Minister Odinga, Michuki said that no one will be exempted because Kenya is a secular state which is not governed by the rules of religion, but the national Constitution and statutes.

Obama's Talks With Turkey's Erdogan Included Religious Freedom Issues

President Obama yesterday met at the White House with Turkish Prime Minister Tayyip Erdogan. (White House blog.) Before the meeting, the U.S. Commission on International Religious Freedom wrote the president asking him to make freedom of religion an important part of his talks with Erdogan. USCIRF said that while there are some hopeful developments, Turkey continues to apply the concept of secularism in a way that restricts freedom of thought, conscience and religion both for its majority Muslim population and for minority religions. (Full text of letter.) In remarks after his meeting with Erdogan, President Obama said in part:

I complimented the Prime Minister for the steps that he's taken, often very difficult steps, in reintegrating religious minorities and ethnic minorities within Turkey into the democratic and political process, and indicated to him that we want to be as supportive as possible in further steps that he can take, for example, assuring the continuation of the Halki Seminary and addressing the vital needs of continuing the ecumenical patriarchy within Turkey.

8 Rastafariains Mark Decade In Segregation For Refusing to Cut Their Hair

In prisons across Virginia, at least eight Rastafarian prisoners will mark ten years of confinement in segregation cells-- solely because they refuse for religious reasons to cut their hair to comply with prison grooming rules. Yesterday's Richmond Times Dispatch reported that prisoners in segregation are confined to small cells, and are let out only for three showers and five hour-long recreation periods a week. They are allowed one non-contact visit per week and two phone calls per month. While in segregation, they do not earn "good time" parole credits. In 2008, in McRae v. Johnson, the 4th Circuit upheld the application of prison grooming rules to Rastafarian and Muslim inmates, citing hygiene and security considerations. ACLU lawyer Eric Balaban asks: "Why would you use up your valuable space in segregation for these guys?" Former inmate and award-winning author Evans Hopkins plans to ask Virginia governor Tim Kaine to give the Rastafarian inmates some relief.

Supreme Court Grants Review In Hastings Christian Legal Society Case

The U.S. Supreme Court today granted certiorari in Christian Legal Society v. Martinez, (Docket No. 08-1371) (Order List). In the case, the U.S. 9th Circuit Court of Appeals upheld the right of University of California's Hastings College of Law to impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. (See prior posting.) Links to all the pleadings in the case are available from the Christian Legal Society website.

UN Climate Summit Will Not Have Christmas Trees

Friday's Copenhagen Post reports that the international summit on climate change that opens in Copenhagen, Denmark today will be religiously neutral. Denmark's foreign minister rejected a sponsorship that would have provided a number of Nordmann fir trees as decorations for the entrance of Bella Center, where the conference is being held. Foreign Ministry spokesman Svend Olling said: "We have to remember that this is a UN conference and, as the centre then becomes UN territory, there can be no Christmas trees in the decor, because the UN wishes to maintain neutrality." [Thanks to Alliance Alert for the lead.]

Vallejo, CA Mayor Reflects Clash Between Christian and Gay Residents

Friday's San Francisco Chronicle reported on the controversy surrounding Osby Davis, mayor of Vallejo, California. In a Nov. 20 New York Times article, Davis was quoted as saying that gays are "committing sins and those sins will keep them out of heaven." This is the latest chapter in a battle between conservative Christian residents of the city and its growing, politically active gay community that has moved in increasing numbers to the city in recent years. Both supporters and opponents showed up to demonstrate last Tuesday outside City Council chambers. Davis' supporters were also permitted to hold a prayer vigil inside Council chambers.

New Vote To Overturn Minaret Ban Being Considered In Switzerland

Yesterday's Washington Post reports that liberals in Switzerland are considering seeking signatures for a new initiative that would overturn the ban on building minarets in the country that was adopted last week. Club Helvetique, a group Swiss intellectuals, will move ahead to draw up an action plan. Other reports Sunday said that Libya's Muamar Gaddafi has warned that the ban has played into the hands of terrorists who seek to recruit for jihad against Europe. Meanwhile two complaints have been filed with Switzerland's Federal Court challenging the legality of new ban.

Recent Articles of Interest-- They Abound This Week

From SSRN:

• Ali Khan, Anti-Islamic Torture , (Global Dialogue, Vol. 12, 2010).
• Robert Luther, 'Unity Through Division': Religious Liberty and the Virtue of Pluralism in the Context of Legislative Prayer Controversies, (Creighton Law Review, Vol. 43, No. 1, 2009).
• David Nimmer, In the Shadow of the Emperor: The Hatam Sofer’s Copyright Rulings, (The Torah u-Madda Journal, 2009).
• David Nimmer, Rabbi Banet’s Charming Snake, (Ḥakirah, the Flatbush Journal of Jewish Law and Thought, pp. 69-108, 2009).
• Nathan B. Oman, 'The Living Oracles': Legal Interpretation and Mormon Thought, (Dialogue: A Journal of Mormon Thought, Vol. 42, No. 2, 2009).
• James T. Koebel, Colorado Christian University v. Weaver: The Tenth Circuit's Improper Redefinition of 'Excessive Entanglement', (Catholic University Law Review, Vol. 58, No. 4, 2009).
• Nicholas Hatzis, Neutrality, Proselytism and Religious Minorities at the European Court of Human Rights and the U.S. Supreme Court, (Harvard International Law Journal Online, Vol. 49, p. 120, 2009).
• Justin S. Murray, Exposing the Underground Establishment Clause in the Supreme Court’s Abortion Cases, (November 14, 2009).

From FindLaw:

• Vicram David Amar & Alan Brownstein, Is Monitoring Moslem Religious Services Without Particularized Suspicion Constitutional?, (Dec. 4, 2009).

From SmartCILP:

• Robert F. Gotcher, Invective, Irony, Sarcasm and Other Negative Tropes in Pro-life Rhetoric, 3 University of St. Thomas Journal of Law & Public Policy 26-45 (2009).
• Joshua Dunn, Almost Persuaded: Statutory Protections for Students' Religious Rights, 38 Journal of Law & Education 627-636 (2009).
• Miriam Galston, Theocracy in America: Should Core First Amendment Values Be Permanent?, 37 Hastings Constitutional Law Quarterly 65 (2009).
• Oliver A. Houck, From Sacred Places: The Nikko Taro and the Taj Mahal, 31 University of Hawaii Law Review 369-422 (2009).
• Kenneth Lasson, Bloodstains on a "Code of Honor": The Murderous Marginalization of Women in the Islamic World, 30 Women's Rights Law Reporter 407-441 (2009).
• Matthew Lewis Sutton, Life is Beautiful: The Theological Aesthetic Argument for Life, 3 University of St. Thomas Journal of Law & Public Policy 15-25 (2009).
• Kevin H. Theriot, Prince or Pauper? Religious Proselytizing and the First Amendment, 3 University of St. Thomas Journal of Law & Public Policy 46-70 (2009).
• Martin Guggenheim, Texas Polygamy and Child Welfare, 46 Houston Law Review 759-816 (2009).
• Michael Newsom, Pan-Protestantism and Proselytizing: Minority Religions in a Protestant Empire, 15 Widener Law Review 1-91 (2009).

Survey Released On Prejudice In Europe

YNet News today reports on a study released last month by the Institute for Interdisciplinary Research on Conflict and Violence (IKG) at Germany's University of Bielefeld. The Study on Group-Focused Enmity in Europe revealed the following survey results:

• 50.4% of the Europeans agree that "there are too many immigrants" in their country....
• 24.5% agree that "Jews have too much influence in [country]"....
• 54.4% of the Europeans believe that "the Islam is a religion of intolerance."
• 31.3% agree that "there is a natural hierarchy between black and white people".
• 60.2% say that "women should take their role as wives and mothers more seriously."
• 42.6% say that homosexuality is "immoral".

The study found significant differences in levels of prejudice between countries-- the least was in the Netherlands and the most was in Poland and Hungary. Compared to prior years' studies, prejudice overall increased against only two groups-- Jews and homosexuals.

British Cardinal Rejects Seat In House of Lords

In Britain, Catholic Cardinal Cormac Murphy-O'Connor has turned down an invitation to become the first Catholic bishop to sit in the House of Lords. Prime Minister Gordon Brown hopes to appoint leaders of the major faiths to sit in the House of Lords along with the Church of England's 26 lords spiritual. Earlier this year, England's chief rabbi, Dr. Jonathan Sacks was ennobled and now sits in Parliament's upper house. Today's London Telegraph reports that Cardinal Murphy-O'Connor decided to reject the offer after broad consultation with other bishops and the Vatican. Bishops in England and Wales opposed the Cardinal's becoming a Peer because it might limit the Church's ability to be an impartial and critical voice on government policies. Also canon law bars clergy from taking any office involving the exercise of political power, so a special dispensation from the Pope would have been required.

Another Approach To Public Holiday Displays-- "Only In America"

Today's Coloradoan reports on Larimer County (CO) Sheriff Jim Alderen's third "Apparently Annual Politically Incorrect Christmas Tree Trimming Party." This year, though, in order to be inclusive, the sheriff also invited atheists and agnostics from the Colorado Coalition of Reason to be part of the event. Displays on the grounds outside the Sheriffs Office Administration Building include a Christmas tree, a nativity scene, a menorah and a sign placed from the Coalition of Reason wishing love, illumination and celebration for all during the Winter Solstice. A representative of the Coalition spoke, inviting people to learn more about each other's beliefs.

Recent Prisoner Free Exercise Cases

In Robinson v. Jacquez, 2009 U.S. Dist. LEXIS 110710 (ND CA, Nov. 10, 2009), a California federal district judge dismissed an inmate's claims that his free exercise rights were violated by prison authorities' failing to provide kosher meals, permit attendance at Jewish service, and provide a staff rabbi. The court found this was duplicative of another suit already filed by plaintiff.

In Grayson v. Evans, 2009 U.S. Dist. LEXIS 111953 (SD IL, Dec. 1, 2009), an Illinois federal district court permitted an inmate to proceed with his claim that his free exercise rights were violated when he was sent to segregation for refusing to cut his hair. He claims that his African Hebrew-Israelite religion requires him to grow his hair long.

In Williams v. Sampson, 2009 U.S. Dist. LEXIS 111589 (ED CA, Nov. 13, 2009), a California federal magistrate judge concluded that an inmate's claims that prison officials failed to set up a religious program for Muslim prisoners were too vague to state an equal protection or free exercise claim.

In Lawson v. Florida Department, 2009 U.S. Dist. LEXIS 111747 (ND FL, Nov. 3, 2009), a Florida federal magistrate judge found that plaintiff had misrepresented facts to the Court and pursued a frivolous, malicious claim in asserting that his free exercise rights were being burdened by prison officials. Plaintiff's claim was based on his assertions that he was an Orthodox Jew, while extensive evidence was presented that he consistently violated Jewish religious practices. As a Rule 11 sanction, the court recommended the lawsuit be dismissed, it be deemed a "strike" and its findings be sent to the Department of Corrections for other possible sanctions.

In Matter of Rossi v. Lape, (Sup. Ct. NY, Oct. 15, 2009), a New York trial court dismissed a Rastafarian prisoner's complaint alleging that some of his requests relating to the practice of his religion were rejected. The requests involved using the gymnasium as consecrated ground, preparation of food and availability of certain regalia for a Rastafarian event, and creation of an organization to raise funds for Rastafarian items.

In Zaahir v. Commonwealth of Kentucky, (KY Ct. App., Dec. 4, 2009), a Kentucky appellate court held in a 2-1 decision that appellant's free exercise rights do not require court and prison officials to change their records to reflect his religious name change.

Teachers Testify, Complaining About Consent Decree Banning Religion In Schools

In a 9-page consent decree issued last May (see prior posting), a Florida federal district court enjoined Santa Rosa County, Florida school officials from promoting or participating in any way in prayer with students at school events or during instructional time. However then a teacher's group, the Christian Educators Association, attempted to intervene to challenge the consent decree. (See prior posting). The court scheduled a hearing on 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. That hearing took place this week, with rather intriguing testimony from some of the district teachers.

Thursday's Pensacola News Journal reports on the testimony of third-grade teacher, Vicki Kirsch, who said: "My Christian beliefs are under attack and ... I wasn't able to do the things that I could do before the consent decree." She recounted that she is afraid to say, "God bless you," to a fellow teacher, and in not sure if she can let students talk about their baptisms in speeches to classes. She also complained she had to remove a cross from a personal area of her class room. A release from Liberty Counsel describes the testimony of two other witnesses:

Michelle Winkler broke down on the witness stand when she described how a coworker sought comfort from her after losing her two-year-old child. The two hid behind a closet door to pray, for fear they would be seen and held in contempt of the court order. Denise Gibson, an elementary teacher for 20 years, testified the order forces her to tell parents she cannot respond if they talk about church or their faith. She may not even respond to an email from a parent if it contains a Scripture verse or "God bless you." Instead, the District requires her to open a separate email to respond rather than hit "reply," in order to eliminate any trace of religious language.

On Friday, federal district judge Casey Rodgers ordered counsel for both sides to submit their closing arguments in writing. (Pensacola News Journal).

Tajik Authorities Say Baptists Must Register Before Gathering To Worship

In Tajikistan's capital of Dushanbe, a District Court has ordered a Baptist congregation to stop meeting for worship in an apartment of one of the congregation's leaders. Reports this week from Forum 18 and ABP say that officials insist the church must register under the country's Religion Law before it can meet. The Baptists refuse to do so on principle, and insist that under the Religion Law they should be permitted to meet privately without registration. The Baptists have filed an appeal of the ban with the Dushanbe City Court.

7th Circuit: Sheriff Unconstitutionally Endorsed Christian Speakers

In Milwaukee Deputy Sheriff's Association v. Clarke, (7th Cir., Dec. 4, 2009), the U.S. 7th Circuit Court of Appeals held that a Wisconsin sheriff's department violated the Establishment Clause when it invited representatives of the Fellowship of the Christian Centurions, a peer support group for law enforcement officers, to speak at several mandatory employee meetings. The court said:

We do not suggest ... that religiously affiliated groups are always constitutionally barred from working with or speaking to government employees. Rather, we limit our analysis to the facts of this case, where an authority figure invited a Christian organization that engaged in religious proselytizing to speak on numerous occasions at mandatory government employee meetings. A reasonable observer would have been well aware that the Sheriff did not extend such privileges lightly. Most other organizations that received similar access shared a common attribute: the Sheriff had expressed an interest in partnering with them. Indeed, it would be difficult to interpret the Sheriff’s actions as anything other than endorsement.

(See prior related posting.) Yesterday's Milwaukee Journal Sentinel reported on the decision.

Canadian Court Says Pastor's Anti-Gay Letter Was Protected Speech

In June 2008 in the Canadian province of Alberta, the Human Rights and Citizenship Commission ordered pastor Stephen Boissoin and his Concerned Christian Coalition to stop publishing and broadcasting disparaging remarks about gays, after earlier finding that a letter Boisson published in the Red Deer Advocate incited hatred against homosexuals in violation of the province's human rights law. The Commission also awarded $5000 damages to the high school teacher who had filed the complaint. (See prior posting.) On Thursday, according to Canadian Press, a Court of Queen's Bench in Alberta overturned the Commission's ruling, finding that Boisson's letter was protected free speech.

5th Circuit Hears Arguments In Native American School Boy's Hair Style Case

Yesterday the U.S. 5th Circuit Court of Appeals heard oral arguments in Arocha v. Needville Independent School District. (Recording of full oral arguments.) In the case, a Texas federal district court enjoined school officials from enforcing the district's hair style policy against a 5-year old whose family taught him to wear his hair in two long braids in the tradition of Native American religions. The school board was only willing to accommodate the request by allowing the boy to wear his hair in a single braid, tucked into the back of his shirt. (See prior posting.) As reported by AP, school officials argued that their grooming policy was designed to teach proper hygiene, promote discipline and avoid school disruptions.

'Tis The Season For Battles Over Holiday Displays On Public Property

This is the time of year when disputes over holiday displays on public property and be expected. Here is a sampling of the most recent.

According to an editorial in the Desert Valley (NV) Times, some residents of Mesquite, Nevada boycotted the mayor's tree lighting ceremony on Tuesday because a notice of the event she sent out referred to it as a "holiday tree." The event included a prayer by a Presbyterian pastor, a plea from the mayor to remember the message that accompanied the birth of Jesus Christ, and City Council singing We Wish You a Merry Christmas. Mayor Susan Holecheck said she had to use the term "holiday tree" because of the potential for lawsuits from the ACLU and others.

Today's Santa Cruz (CA) Sentinel reports that according to Santa Cruz city officials, for years they have been issuing the wrong kind of permit to Chabad Rabbi Yochanan Friedman who puts up a menorah in downtown Santa Cruz. Officials say the permit he should be issued requires him to furnish round-the-clock security for the menorah. This would cost around $5000. This follows a campaign by atheists in the city to have the menorah removed from public property, though city officials say that did not influence their action. The city will continue to have a community tree downtown, with lights but no ornaments, and says security is not required for that. Also Mai Dao-Horton, who began the petition to have the menorah removed, says the tree is permissible because the city has "done a conscientious job of de-Christianizing it." [Thanks to Scott Mange for this lead.]

UPDATE: JWeekly (12/10) reports that an agreement has been worked out to for Chabad to provide insurance and daytime monitoring, and to go ahead with a display for 8 days and nights on that basis.

UPDATE2: Mai Dao-Horton has e-mailed me saying that the statement attributed to her by the Santa Cruz Sentinal was in fact made by Sonya Newlyn. She says she was misquoted twice in the Sentinel article.

In Ashland, Oregon, dozens of parents are upset after Bellview Elementary School Principal Michelle Zundel removed a holiday tree when a family complained that it is a religious symbol. According to today's Southern Oregon Mail Tribune, the principal also created new guidelines for school displays that effectively bar holiday trees, Santa Claus figures and dreidels, that courts generally classify as secular. However, under the new guidelines, wreaths, candles, candy canes, snowflakes and snowmen are permitted. Organizers of the "giving tree program" said they were not trying to promote Christianity, but were merely trying to help needy students and spread holiday cheer with the tree. Zundel said that with compulsory attendance, schools need to be more sensitive than the law requires. UPDATE: KGW News reported on Dec. 10 that a compromise has been reached in Ashland. The original tree will be replaced by a holiday display including three trees, snow and gifts for needy children.

South African Court Allows Zulu Thanksgiving Ritual To Proceed

IOL reports that in South Africa today, the Pietermaritzburg High Court dismissed a challenge by Animal Rights Africa to the Ukweshwama ceremony practiced by Zulus. The ceremony involves the bare-handed killing of a bull as a way of thanking God for the first crops of the season. Zulus believe that by killing the bull, they are transferring its power to their king. East Coast Radio on Wednesday summarized the arguments made at trial. In allowing the ceremony scheduled for tomorrow to proceed, the judge said that he was persuaded by the affidavit [described here] of a cultural expert, Professor Jabulani Mapalala, that objections to the ritual were based on untrue information and hearsay. In a statement issued after the court's decision was released, ARA asked people to light a candle tomorrow afternoon and spend the day in reflection in solidarity and compassion with the bull that will be slaughtered. [Updated]

Court Says White Supremacist Movement Is Not A "Religion"

In Conner v. Tilton, 2009 U.S. Dist. LEXIS 111892 (ND CA, Dec. 2, 2009), in a decision unusually detailed in its analysis for a case brought by a prisoner pro se, a California federal district court held that the White supremacist Creativity Movement is not a "religion" for purposes of the First Amendment or RLUIPA. In the case, an inmate sought the right to practice various aspects of his purported religion in Pelican Bay State Prison. In deciding the case, the court relied on the definition of "religion" articulated by the 3rd Circuit in Africa v. Pennsylvania:

First, a religion addresses fundamental and ultimate questions having to do with deep and imponderable matters. Second, a religion is comprehensive in nature; it consists of a belief-system as opposed to an isolated teaching. Third, a religion often can be recognized by the presence of certain formal and external signs.

Applying that to Creativity, the court found that Creativity does not deal with fundamental and ultimate questions. Rather, its focus is on "a pragmatic philosophy that Creators must act to ensure the survival and promote the dominance of certain members of society." It is not comprehensive. "[T]he essence of Creativity is confined to 'one question or one moral teaching' which, again, can be summed up by Creativity's Golden Rule: 'What is good for the White Race is the highest virtue; what is bad for the White Race is the ultimate sin.'" Finally, "while plaintiff has presented evidence that shows Creativity has formal and external characteristics that might be considered similar to those associated with more traditional religions, their sole purpose is to support what the Court already has found to be a secular belief system."

Intervention Denied In Case Challenging Parsonage Allowance

In Freedom from Religion Foundation v. Geithner, 2009 U.S. Dist. LEXIS 111776 (ED CA, Dec. 2, 2009), a California federal district court refused to permit a pastor to intervene in FFRF's Establishment Clause challenge to the parsonage allowance provisions in the federal and California tax laws. (See prior posting.) The pastor failed to show that the government will inadequately represent his interests in defending the challenge to the tax code provisions that exclude from income the value of housing (or housing allowances) furnished to "ministers of the gospel." The court however did grant the pastor's motion for leave to file an amicus brief.

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.