Magazine Explores Religion of the Founders and Texas Social Studies Curriculum

The New York Times Magazine (in a preview of Sunday's Magazine) has posted a long article titled How Christian Were the Founders? The article's author, Russell Shorto, explores that question largely through the prism of the recent review of the state's social studies curriculum by the Texas State School Board. Shorto writes in part:

The one thing that underlies the entire program of the nation’s Christian conservative activists is, naturally, religion. But it isn’t merely the case that their Christian orientation shapes their opinions on gay marriage, abortion and government spending. More elementally, they hold that the United States was founded by devout Christians and according to biblical precepts. This belief provides what they consider not only a theological but also, ultimately, a judicial grounding to their positions on social questions. When they proclaim that the United States is a "Christian nation," they are not referring to the percentage of the population that ticks a certain box in a survey or census but to the country’s roots and the intent of the founders.

... Maybe the most striking thing about current history textbooks is that they have lost a controlling narrative. America is no longer portrayed as one thing, one people, but rather a hodgepodge of issues and minorities, forces and struggles. If it were possible to cast the concerns of the Christian conservatives into secular terms, it might be said that they find this lack of a through line and purpose to be disturbing and dangerous. Many others do as well, of course. But the Christians have an answer. Their answer is rather specific. Merely weaving important religious trends and events into the narrative of American history is not what the Christian bloc on the Texas board has pushed for in revising its guidelines.

Many of the points that have been incorporated into the guidelines or that have been advanced by board members and their expert advisers slant toward portraying America as having a divinely preordained mission.... The language in the Mayflower Compact — a document that [Don] McLeroy and several others involved in the Texas process are especially fond of — describes the Pilgrims' journey as being "for the Glory of God and advancement of the Christian Faith" and thus instills the idea that America was founded as a project for the spread of Christianity. In a book she wrote two years ago, Cynthia Dunbar, a board member, could not have been more explicit about this being the reason for the Mayflower Compact’s inclusion in textbooks; she quoted the document and then said, "This is undeniably our past, and it clearly delineates us as a nation intended to be emphatically Christian."

[Thanks to Rabbi Michael Simon for the lead.]

Palestinians Ask UN To Halt Jerusalem Museum Construction

The New York Times reports today that sixty Palestinians (represented by the Center for Constitutional Rights in New York) have signed a petition to the United Nations asking it to take steps to stop construction in Jerusalem of the Center for Human Dignity- Museum of Tolerance being built by the Simon Wiesenthal Center. The museum is being built on land that was used as a parking lot for 50 years. However before that, part of the area was a Muslim cemetery. A school, a road and a large park cover the rest of the former cemetery, however descendants of some of those buried in the cemetery now want the museum construction halted. When digging for construction began in 2004, layers of graves dating back to the 11th century were found, and 250 skeletons have been exhumed. The site probably contains some 2000 graves. In 2008, the Israeli Supreme Court ruled that the museum construction could go ahead but ordered the Museum to create a plan with the state Antiquities Authority to either remove human remains for reburial or to build a barrier between the museum foundation and the ground below to avoid disturbing graves. (See prior posting.)

UPDATE: In a Feb. 10 response, the Simon Wiesenthal Center said in part: "the Israeli Antiquities Authority has confirmed that there are no bones or remains on the site, which is currently undergoing infrastructure work. Remains found on the site, which have now been reinterred in a nearby Muslim cemetery were between 300-400 years old. No remains from the 12th century era were found."

5th Circuit Upholds Deportation; Rejects Religious Persecution Plea

In Muhammad v. Holder, (5th Cir., Feb. 10, 2010), the U.S. 5th Circuit Court of Appeals affirmed a decision of the Board of Immigration Appeals that allowed deportation of Baboo Muhammad, a Pakistani who is a member of the Shi'a Ismaili sect. The court agreed with the findings of the Immigration Judge that Muhammad had not shown past religious persecution or a clear probability of religious persecution by Sunni Muslims in the future if he were returned to Pakistan. Muhammad entered the U.S. illegally in 1993.

Student Prayer Club Satisfies All Sides On Church-State Issues

Georgetown, South Carolina school officials have found a way to allow students to open their school day with prayer, yet satisfy church-state concerns of groups such as Americans United (AU statement) which complained about Georgetown High School's long-standing practice of permitting a local resident to hand out Bible verses and lead students in prayer in the morning before school. School officials told resident Violet Infinger that she could no longer hand out religious literature inside the school. (UPI, 2/9.) At the same time, however, the school helped students form a Prayer Club in a manner that complies with the federal Equal Access Act. The Club will be student-led, and will meet each morning on school grounds for 13 minutes before school begins. Students can invite ministers and lay people to attend the Club's prayer sessions so long as the invitees meet school requirements for volunteers. (WBTW 13 News).

Evangelist Challenges Ban On Leafleting Near California Courthouse

A federal lawsuit was filed in Los Angeles on Monday by a Christian evangelist challenging the breadth of a rule banning the distribution of leaflets and educational or counseling activities within 100 feet of any courthouse door. The complaint (full text) in Miano v. McCoy, (CD CA, filed 2/8/2010), alleges that the rule, imposed by an administrative general order from the court, has been interpreted by San Fernando Courthouse officials to include a ban on activities within 100 feet of two unused emergency exits. This results in evangelist Anthony Miano being unable to approach individuals to discuss religion or hand them a leaflet anywhere on the entire sidewalk closest to the courthouse. The lawsuit asks for a declaratory judgment and injunction finding that the ban violates the free expression, due process and equal protection clauses of the U.S. Constitution. It also seeks nominal damages, costs and attorneys' fees. Alliance Defense Fund issued a release announcing the filing of the case.

State Bills To Ban Implanted RFIDs Moving Ahead Partly Out of Biblical Concerns

Virginia's House of Delegates yesterday passed by a vote of 88-9 with 1 abstention House Bill No. 53 banning insurers or employers from requiring implantation of microchips into a person's body. According to yesterday's Washington Post, while privacy issues are the main concern, the bill's sponsor Del. Mark L.Cole says he also shares the concern that implanted radio frequency identification tags might be the "mark of the beast" that is described in the Biblical Book of Revelation. He explained: "My understanding -- I'm not a theologian -- but there's a prophecy in the Bible that says you'll have to receive a mark, or you can neither buy nor sell things in end times. Some people think these computer chips might be that mark." Nashville Scene yesterday reported that a similar bill (HB0791) has been introduced into the Tennessee legislature. At a hearing on the bill, critics of the bill suggested that implanted RFIDs might be useful to track Alzheimer's patients or sex offenders.

British Court Vindicate's Hindu Man's Right To Cremation on Funeral Pyre

In The Queen on the Appliation of Ghai v. Newcastle City Council, (Eng. & Wales Ct. App., Feb. 10, 2010), Britain's Court of Appeal upheld the right of a Hindu man to be cremated in England on a traditional funeral pyre according to his religious beliefs. The court interpreted the requirement in the Cremation Act 1902 and regulations under it that all cremations take place in crematoria as being broad enough to include funeral pyres surrounded by traditional Indian structures. According to The Hindu today, 71-year old Davendra Ghai, founder of the Anglo-Asian Friendship Society who brought the case, welcomed the Appeals Court’s decision. He said: "Now if I go tomorrow I will go peacefully, because I know that I will have a good send-off. Everyone should live and die according to their own religion." (See prior related posting.)

Anti-Semitic Statements By Juror Should Have Led To Hearing On New Trial Motion

In Fleshner v. Pepose Vision Institute, P.C., (MO Sup. Ct., Feb. 9, 2010), the Missouri Supreme Court held that the trial court in a wrongful termination case should have held a hearing on juror misconduct where it was alleged that a juror made anti-Semitic remarks about one of the witnesses during jury deliberations. The court held: "If the trial court finds after conducting a hearing that such biased or prejudicial statements were made during deliberations, then the motion for a new trial should be granted as the parties would have been deprived of their right to a trial by 12 fair and impartial jurors."

Catholic Church Now Faces Old Sex Abuse Charges In Germany

The New York Times reported yesterday that the Catholic Church is facing yet another child sex abuse scandal-- this time in Germany. It began last month with charges of abuse in the 1970's and '80's by 3 priests at Berlin's elite Canisius High School. In a 6-part series Der Spiegel now charges that 94 priests and and lay persons are suspected of abusing some 150 children and teenagers since 1995. The statute of limitations for prosecutions have run on most of these incidents. [Thanks to Scott Mange for the lead.]

Morocco Deports US Missionary For Proselytizing Among Muslims

Yesterday's Christian Post reports that in Morocco some 60 security force officers raided a Christian Bible study session in a town south of Marrakech last week. Eighteen Moroccans (including five children) were temporarily taken into custody and an American missionary was deported. The Interior Ministry said that the missionary was attempting to "spread evangelist creed in the Kingdom and locate new Moroccan nationals for recruitment." Article 220 of the Moroccan Penal Code prohibits attempting to induce Muslims to convert to another religion.

D.C. Election Board Rejects Referendum on Same-Sex Marriage Law; Appeal Filed

In In re Referendum on the Religious Freedom and Civil Marriage Equality Amendment Act of 2009, (DCBOEE, Feb. 4, 2010), the District of Columbia Board of Elections and Ethics rejected an attempt to hold a referendum on recently passed DC legislation authorizing same-sex marriage. The D.C. Initiative, Referendum and Recall Procedures Act requires the Board to refuse to accept referendum measures that would would frustrate efforts to eradicate discrimination prohibited by the D.C. Human Rights Act. The D.C. Superior Court has recently, using the same rationale, rejected an initiative petition to define marriage as being only between a man and a woman. (See prior posting.)

Yesterday, Alliance Defense Fund and Stand4Marriage DC filed a petition in D.C. Superior Court for review of the Board's decision rejecting the referendum. (Press release.) The petition (full text) argues that the referendum does not have the effect of authorizing discrimination on the basis of sex or sexual orientation since the D.C. legislation does not make sexual orientation a determinative factor in authorizing issuance of marriage licenses.

Court Dismisses Religious and National Origin Discrimination Claim Against College

In Shakir v. Board of Trustees of Rend Lake College, (SD IL, Feb. 8, 2010), and Illinois federal district court granted summary judgment to defendants in a case in which plaintiff, the former vice president of student services at Rend Lake College, charged religious and national origin discrimination. Plaintiff Salah Shakir charged that the true reason the College investigated him, froze his salary and transferred him to a different position stemmed from discriminatory attitudes toward his Muslim religion and his Iraqi nationality. He also claimed that he was not chosen as College president in retaliation for his filing an EEOC complaint. The court concluded that plaintiff failed to prove discriminatory intent on the part of defendants. Yesterday's Mt. Vernon (IL) Register-News reported on the decision.

8th Circuit Denies Qualified Immunity To Officials Who Conspired Against Faith-Based School

In Heartland Academy Community Church v. Waddle, (8th Cir., Feb. 8, 2010), the U.S. 8th Circuit Court of appeals refused to dismiss on qualified immunity grounds a civil rights action for damages against various Missouri officials who conspired in 2001 to remove 115 students from a Christian faith-based boarding school for children with behavioral and substance abuse problems. The court described the underlying charges:

Two of the conspiracy’s more prominent members were Chief Juvenile Officers Michael Waddle (Waddle) and Cindy Ayers (Ayers).Waddle, the conspiracy’s ringleader, disliked HCA because (1) HCA was unlicensed (legally), (2) Waddle disagreed with HACC’s teachings, and (3) Waddle believed HCA had not acted "very Christ-like." Ayers complained HCA was "growing too fast," and expressed the view that "there [were] people everywhere at [HCA], including children from foreign countries," and Missouri should slow or "put a stop" to HCA.

The charged conspiracy reached its nadir on October 30, 2001, when juvenile authorities and armed law enforcement officers, 30 total, arrived at HCA’s campus
and removed 115 of its students. The Officials did not provide any notice to Heartland of the removal until the last possible moment. Waddle and Ayers procured ex parte orders from local juvenile court judges to remove HCA’s students. Waddle
and Ayers used false misrepresentations to obtain the ex parte removal orders. The juvenile court judges issued the ex parte orders under the false impressions (1) all HCA students were in imminent danger of physical harm, (2) HCA was unwilling to
cooperate with the relevant juvenile authorities, and (3) no lesser alternative short of a mass removal was available to ensure the students’ safety.

The court rejected defendants' claim that the trial court failed to look at each official's conduct individually when ruling on qualified immunity.

Court Orders Cemetery Title Transferred To Allow O'Hare Airport Expansion

Yesterday's Chicago Tribune reports that an Illinois court has cleared the way for expansion of Chicago's O'Hare Airport by ordering the transfer of title of the 5.3-acre St. Johannes Cemetery from St. John's United Church of Christ to the city for $630,000. This follows a ruling last December that the city could use eminent domain to acquire the land. In previous litigation, church members were unsuccessful in arguing that moving the graves would illegally impose a substantial burden on their religious exercise because of their religious belief in the physical resurrection of the bodies of Christian believers. The city will work with next of kin to have the graves moved by spring of 2011. The court ordered no graves to be moved for at least 20 days to give church attorneys a chance to appeal yesterday's decision.

Human Rights Activists Charge Egypt Plans To Monitor Sermons In Mosques Through Cameras

Egypt's Ministry of Islamic Endowments has denied that it plans to monitor sermons given in mosques through the use of cameras. Media Line yesterday reported that concern over monitoring arose after cameras were installed in the Sayyida Nafisa Mosque in Cairo. Ministry spokesmen however said the cameras were to prevent stealing money from charity boxes. Human rights advocates are suspicious of the true motivations, saying the cameras violate protections in Egypt's constitution. The decision to set up cameras is apparently related to a recent speech by Egyptian President Hosni Mubarak following the murder of six Copts last month.

Costa Rica's Constitutional Court Rejects Bishops Power To Select Religion Teachers

CNA yesterday reported that Costa Rica's Constitutional Court, by a vote of 4-3, struck down the agreement between the Catholic Church and the government that gives the Bishop's Conference of Costa Rica the right to approve teachers of Catholic religion in public schools. The arrangement, which allowed the Church to reject a teacher on moral grounds as well as knowledge of religion, was seen by those challenging it as an intrusion by bishops into affairs of the public schools.

ACLU Say College Prof Teaches Religion and Anti-LGBT Views As Fact

The ACLU of Northern California yesterday sent a demand letter (full text) to the president of Fresno City College complaining about a faculty member, Dr. Bradley Lopez, who teaches a health science class in which he presents religiously-based and anti-LGBT views as scientific fact. Yesterday's Fresno Bee and a press release from the ACLU describe aspects of Lopez's class. Lopez presented a slide describing homosexuality as a "biological misapplication of human sexuality" and said that the "recommended treatment" is "psychological counseling" or "hormone supplements." Lopez presented Biblical passages as "empirical" evidence that life begins at conception, and he asserted that the leading cause of death in the U.S. is abortion. Using a Biblical quote about the world ending in fire, Lopez said "that is the real global warming we should be worried about." Lopez assigned a homework question that involved constructing Jesus genetic makeup from Biblical references. The ACLU insists the College must make certain that its instruction does not inculcate religious doctrines and must give accurate and unbiased health science instruction.

White House Faith Based Council Posts Votes On Two Controversial Church-State Issues [UPDATED]

Last Thursday, the White House Office of Faith-based and Neighborhood Partnerships posted the preliminary votes by its Advisory Council on two contentious issues. The final votes were posted today. [The following has been updated to reflect the final vote.]

The first issue is whether faith-based social service providers should be allowed to provide services in rooms that contain religious symbols, artwork or messages. Two members voted to ban any religious symbols. Seven members voted to allow symbols when there is no space in the organization's offices without them and when removing or covering them would be infeasible, so long as objecting clients also have a choice of a different provider to which they do not object. Sixteen members voted not to require removal or covering of symbols, but to encourage providers to be sensitive and to attempt to accommodate those who object, and have alternative providers available if that is not sufficient.

The second issue is whether the government should require houses of worship to form separate corporations to receive direct federal social service funds. Thirteen voted yes; 12 voted no. (See prior related posting.)

Indian Court Strikes Down Quotas for Backward Classes of Muslims

In India, by a vote of 5-2 the High Court of Andhra Pradesh has held that the Andhra Pradesh Reservation in Favor of socially and Educational Backward Classes of Muslims Act 2007 is unconstitutional. According to New Delhi's The Pioneer today, the court also struck down two government orders under the law that had granted a 4% reservation to fifteen backward classes of Muslims in educational institutions and in jobs. The court held that the 2007 report of the Backward Classes Commission on which the law was based did not reflect true conditions. The ruling threw into doubt the fate of thousand of college and professional school students who have been permitted under the 4% quota since 2007. This is the third time since 2004 that the courts have struck down attempts by Andhra Pradesh to create set-asides for Muslims. the Hindu BJP argues there is no provision in the constitution for religion-based set-asides. The state will quickly file an appeal of today's decision with the Supreme Court.

Meanwhile according to today's Business Standard, the government of West Bengal announced a 10% set-aside of government jobs for Muslims there who are economically, socially and educationally backward.

Recent Articles of Interest

From SSRN:

• Carissima Mathen, What Religious Freedom Jurisprudence Reveals About Equality, (Journal of Law and Equality, Vol. 6, No. 2, 2009).
• Dov Fox, Taking Sides on Genetic Modification, (American Journal of Bioethics - Neuroscience, Forthcoming).
• Alexander Tallchief Skibine, Culture Talk or Culture War in Federal Indian Law?, (Tulsa Law Review, Forthcoming).
• Susan J. Stabile, An Effort to Articulate a Catholic Realist Approach to Abortion, (U of St. Thomas Legal Studies Research Paper No. 10-08, 2010).
• Mary Jean Dolan, Government Identity Messages and Religion: The Endorsement Test after Summum, (February 5, 2010).
• Robert K. Vischer, When is a Catholic Doing Legal Theory Doing "Catholic Legal Theory?", (Seton Hall Law Review, Forthcoming).
• Elizabeth Rose Schiltz, The Paradox of the Global and the Local in the Financial Crisis of 2008: Applying the Lessons of Caritas in Veritate to the Regulation of Consumer Credit in the United States and the European Union, (Journal of Law and Religion, Vol. 26, 2010).
• Andrew M.M. Koppelman, No Respect: Brian Leiter on Religion, (Northwestern Public Law Research Paper No. 10-07, Jan. 5, 2010).

From SmartCILP:

• Bruce Ledewitz, Could Government Speech Endorsing a Higher Law Resolve the Establishment Clause Crisis?, 41 St. Mary's Law Journal 41-117 (2009).

Activist Charges Conflicts In Some Illinois Capital Funding For Religious Groups

There are new developments in the campaign by Chicago activist Rob Sherman to challenge state legislative appropriations to houses of worship, parochial schools and religious institutions in last year's Capital Bill. (See prior posting.) Last month he filed a challenge with the State Government Suggestion Award Board. In a posting on Friday, Sherman charges that some of the challenged appropriations are to religious organizations on whose boards legislators themselves sit. In one case, a legislator is the CEO of the religious organization slated to receive funds. [Thanks to Scott Mange for the lead.]

Recent Prisoner Free Exercise Cases

In Newingham v. Magness, (8th Cir., Feb. 4, 2010), the U.S. 8th Circuit Court of Appeals held that Muslim prisoner could proceed with his claim under RLUIPA for injunctive relief to obtain use of a prayer rug, but the court dismissed his claim for damages.

In Green v. Tudor, 2010 U.S. Dist. LEXIS 7414 (WD MI, Jan. 29, 2010), a Michigan federal district court accepted a magistrate's recommendations (2009 U.S. Dist. LEXIS 124246, Oct. 21, 2009) and dismissed various claims by an inmate over the lack of hot Ramadan meals and lack of notice of substitutions of items in Ramadan meals.

Rupe v. Cate, 2010 U.S. Dist. LEXIS 7817 (ED CA, Feb. 1, 2010), was a challenge to alleged discrimination and repression by prison officials of prisoner's attempts to practice their Druid and other Pagan religions. While dismissing a number of plaintiff's claims, the court allowed him to proceed on his claim under the free exercise clause, his claim for retaliation and his equal protection claim.

In Cobb v. Mendoza-Powers, 2010 U.S. Dist. LEXIS 8089 (CD CA, Jan. 25. 2010), a California federal district court adopted the findings of a magistrate (2009 U.S. Dist. LEXIS 124379 , Oct. 20, 2009) and dismissed without prejudice an inmate's claim that his free exercise rights were violated when he was not excused for religious reasons from complying with prison grooming standards. The court held that this claim is not cognizable in a habeas corpus action.

In Valentine v. Poff, 2010 U.S. Dist. LEXIS 8253 (WD VA, Feb. 1, 2010), a Virginia federal district court dismissed a frivolous an inmate's challenge to the type of food served to him in his religious diet.

In Blake v. Howland, 2009 Mass. Super. LEXIS 363 (MA Super. Ct., Dec. 2, 2009), a Massachusetts trial court rejected state and federal free exercise claims, claims under RLUIPA and other challenges by a Native American man who is civilly committed as a sexually dangerous person. Plaintiff complained he is denied access to smudging and pipe ceremonies, a purification lodge, various other items needed for Native American worship ceremonies and is also not furnished a Native American volunteer to work with members of his religious group.

In Jamal v. Smith, 2010 U.S. Dist. LEXIS 5029 (CD IL, Jan. 22, 2010), an Illinois federal district court permitted a Muslim inmate to proceed with his claim that a pat down search of him was conducted by a female officer in violation of his religious objections, even though male officers were readily available. First Amendment Center reports on the case.

A release from the Rutherford Institute reports that it has filed suit in Virginia federal district court challenging a Virginia Department of Corrections directive that prohibits inmates from receiving CDs containing spoken words. The suit was filed on behalf of an inmate wishing to obtain a CD containing a Christian sermon. (Full text of complaint in Mabe v. Commonwealth of Virginia, (ED VA, filed Feb. 3, 2010).

Lawsuit Challenges Library's Meeting Room Policy

A federal civil rights action was filed on Thursday challenging the refusal by the New Smyrna Beach, Florida, Public Library to allow its meeting rooms to be used for a seminar titled "Is Religion Alive in America?". The seminar, which focuses on how Christian principles apply to current events, includes prayer, Bible reading and religious songs. The library rejected the request because its rules prohibit use of meeting rooms, among other things, for religious services. The complaint (full text) in Verdugo v. Volusia County, Florida, (MD FL, filed 2/4/2010), alleges that the policy singles out religious speech for unfavorable treatment. It contends that the rule violates the speech, free exercise and Establishment clauses of 1st Amendment, the due process and equal protection clauses of the 14th Amendments as well as Florida's Religious Freedom Restoration Act. Alliance Defense Fund issued a release announcing the filing of the lawsuit and discussing other similar challenges filed in recent months.

Anglican Factions In Zimbabwe Struggle Over Control

Virtue Online today carries a report from the Feb. 1 Christian Post on the struggle between two Anglican factions in Harare, Zimbabwe. Controversy began in 2007 when Nolbert Kunonga, a supporter of President Robert Mugabe's regime, accused the Anglican Province of Central Africa of being pro-gay. Kunonga said he was withdrawing the Diocese of Harare from the Province. He set up his own rival Anglican province, appointed himself archbishop and claimed church property. A High Court ordered the two factions to share church buildings, but Kunonga, with the help of police are blocking access to church buildings by those loyal to the official Province of Central Africa. For the past two years they have been forced to hold services outside.

Lenient Sentence Imposed on Muslim Man By Britain's Cherie Blair Brings Complaints

Britain's Judicial Complaints Office this week began an investigation into Cherie Blair, wife of former Prime Minister Tony Blair. Ms. Blair, who practices employment law under her maiden name, Cherie Booth, also acts as a part-time judge in London. According to UAE's The National today, Britain's National Secular Society filed a formal complaint against Ms. Blair after she gave a suspended sentence to a Muslim man who was charged with getting into an altercation over who was first in line at a bank. Blair told defendant Shamso Miah: "I am going to suspend this sentence for the period of two years based on the fact you are a religious person and have not been in trouble before. You are a religious man and you know this is not acceptable behaviour." Both the National Secular Society and the British Humanist Assoiciation have complained that Blair acted in a discriminatory manner in suggesting that a non-religious person would have been treated more harshly. At the same time, some in Britain on the political right are seizing on Blair's remarks to charge bias in favor of Muslims by "the establishment."

Street Preachers Challenge "Loud Noise" and Trespass Bans

Last week, a federal civil rights lawsuit was filed in Richmond, Virginia by five Christian evangelists some of whom were charged with creating loud and disturbing noise for preaching at downtown First Friday events and at a Christmas parade. Others were charged with trespassing for preaching at the Watermelon Festival held in a shopping area. The complaint (full text) in Craft v. City of Richmond, (ED VA, filed 1/29/2010), charges that in the case of individual and small group speech, the provisions invoked are an unconstitutional infringement of speech on their face and as applied. It also alleges freedom of association, free exercise, equal protection and due process violations. Alliance Defense Fund issued a press release on the case earlier this week. Today's Richmond Times-Dispatch covers the case and reports that Richmond City Council is scheduled to pass a new noise ordinance on Monday designed to cure constitutional defects in the old ordinance.

Trial of Geert Wilders Proceeds With Pared Down Witness List

The trial of Dutch right-wing politician Geert Wilders for inciting hatred and and discrimination against Muslims and non-Western immigrants, and insulting Muslims will proceed in Amsterdam. (See prior related posting.) Al Jazerra reported Wednesday that a Dutch court rejected Wilders' claim of Parliamentary immunity, ruling that immunity does not extend to statements made outside of Parliamentary meetings. The court also cut down on the witnesses that Wilders may call. Part of Wilders' defense is that he was speaking the truth. According to Dutch News today, Wilders wanted to call 18 witnesses. However the court has limited him to three experts on Islam, including American Syrian psychiatrist Wafa Sultan who believes that the world is engaged in a battle between modernity and barbarism that Islam will lose. The witnesses will be heard by an examining judge in proceedings that will be closed to the public.

North Korea Says It Will Release U.S. Christian Activist

According to Voice of America, North Korea today said it will release Robert Park, the U.S. Christian activist who crossed into North Korea from China on Christmas day carrying a Bible and a letter urging North Korean leader Kim Jong II to embrace God and close political prison camps. (See prior posting.) North Korea says Park has repented. It also says that Park now believes North Korea has complete religious freedom after he was escorted to religious services in Pyongyang. Fellow activists believe Park was severely beaten while in custody, and he is likely to be seen as a hero in the Christian activist community when he returns to the U.S. Park's release comes one day after President Obama announced that North Korea would remain off a State Department list of nations which sponsor terrorism.

Slovakian Court Upholds Religion Law's Registration Requirement

Radio Slovakia International today reports that the Plenary Session of Slovakia's Constitutional Court has rejected a constitutional attack on the provision in Slovakia's religion law that requires 20,000 signatures of members for a church to obtain registration. The Office of the General Prosecutor filed the constitutional challenge claiming that the law, as amended in 2007 (see prior posting), infringes protected freedom of religion and association. The suit also alleged that the law is inconsistent with various human rights treaties. The Court concluded, however, that registration of a church is not an inevitable condition for performance of its right to freedom of religion.

Indonesia's Constitutional Court Hearing Challenge To Blasphemy Law

Indonesia's Constitutional Court on Wednesday held its first hearings in a challenge to the constitutionality of Indonesia's Law on Prevention of Blasphemy and Abuse of Religion. Yesterday's Jakarta Post reports that the lawsuit was filed last year by the late President Abdurrahman "Gus Dur" Wahid and several human rights organizations. The suit alleges that the law is unconstitutional because it recognizes only six religions: Islam, Christianity, Catholicism, Hinduism, Buddhism and Confucianism. It also bans people from publicly espousing or gathering popular support in favor of certain religious interpretations. Some 31 experts have been invited to testify in the trial.

Groups Urge President To Beef Up Church-State Safeguards In Faith-Based Funding

Yesterday, twenty-five national organizations wrote President Obama urging further church-state safeguards in faith-based social service programs receiving government aid. The letter (full text) said in part:

On the one year anniversary of your Executive Order establishing the new White House Office of Faith-Based and Neighborhood Partnerships, the undersigned religious, education, civil rights, labor, and health organizations write to urge that you take additional actions to prevent government-funded religious discrimination and protect social service beneficiaries from unwelcome proselytizing.

The letter urged the White House to prohibit religious organizations from discriminating in hiring on the basis of religion within federally-funded social welfare projects. It also urged that the President amend existing Executive orders to ensure that:

Program beneficiaries are not subject to unwanted proselytizing or religious activities.

Program providers give proper notice to beneficiaries of their religious liberty rights and access to alternative, secular providers.

Houses of worship and other religious institutions, in which religion is so integrally infused that it cannot be separated out, be required to create separate corporations for the purpose of providing secular, government-funded social services.....

Secular alternatives to social services provided by houses of worship and other religious institutions are readily available to beneficiaries.....

Uniform guidance and training materials be developed for all federal agencies to ensure that government-funded providers understand constitutionally-required religious liberty safeguards..... Furthermore, providers should be required to certify their adherence to the safeguards – and government agencies should engage in oversight to ensure compliance.

Here are the releases on the letter issued by the ADL, Americans United and the Baptist Joint Committee, all of which were signatories.

Deference Given To Hierarchical Determination in Church Property Dispute

In Choi v. Sung, (WA Ct. App., Feb. 2, 2010), a Washington state court of appeals upheld a trial court's resolution of a dispute between two factions of the New Hope Christian Reformed Church of Tacoma regarding ownership of church property. The courts enforced the decision of the denomination's Classis regarding the dispute. The trial court's findings on whether New Hope CRC was a congregational or hierarchical church were somewhat ambiguous. However the trial court's conclusions treat the church as hierarchical, and the court of appeals held that there was substantial evidence to support that approach.

Secretary of State, President Speak At National Prayer Breakfast

This morning the 58th Annual National Prayer Breakfast was held in Washington, D.C. One of the keynote speakers was Secretary of State Hillary Clinton. (Full text of speech.) Her remarks included some rather blunt criticism of the misuse of religion:

All religions have their version of the Golden Rule and direct us to love our neighbor and welcome the stranger and visit the prisoner.... Yet across the world, we see organized religion standing in the way of faith, perverting love, undermining that message.

Sometimes it's easier to see that far away than here at home. But religion, cloaked in naked power lust, is used to justify horrific violence, attacks on homes, markets, schools, volleyball games, churches, mosques, synagogues, temples. From Iraq to Pakistan and Afghanistan to Nigeria and the Middle East, religion is used a club to deny the human rights of girls and women, from the Gulf to Africa to Asia, and to discriminate, even advocating the execution of gays and lesbians. Religion is used to enshrine in law intolerance of free expression and peaceful protest. Iran is now detaining and executing people under a new crime – waging war against God. It seems to be a rather dramatic identity crisis.

So in the Obama Administration, we are working to bridge religious divides. We’re taking on violations of human rights perpetrated in the name of religion. And we invite members of Congress and clergy and active citizens like all of you here to join us.... We are committed, not only to reaching out and speaking up about the perversion of religion, and in particularly the use of it to promote and justify terrorism, but also seeking to find common ground. We are working with Muslim nations to come up with an appropriate way of demonstrating criticism of religious intolerance without stepping over into the area of freedom of religion or non-religion and expression.

President Barack Obama also spoke at length at the National Prayer Breakfast. (Full text of remarks.) Spotlighting the American people's response to the recent earthquake in Haiti, he said:

This is what we do, as Americans, in times of trouble. We unite, recognizing that such crises call on all of us to act, recognizing that there but for the grace of God go I, recognizing that life's most sacred responsibility -- one affirmed, as Hillary said, by all of the world's great religions -- is to sacrifice something of ourselves for a person in need.

Sadly, though, that spirit is too often absent when tackling the long-term, but no less profound issues facing our country and the world. Too often, that spirit is missing without the spectacular tragedy ... that can shake us out of complacency. We become numb to the day-to-day crises, the slow-moving tragedies of children without food and men without shelter and families without health care. We become absorbed with our abstract arguments, our ideological disputes, our contests for power. And in this Tower of Babel, we lose the sound of God's voice.

As urged by a number of people, Obama also spoke out against the harsh anti-gay legislation recently proposed in Uganda, reportedly at the urging of the same group that sponsored the Prayer Breakfast. (See prior posting.) The President said:

We may disagree about the best way to reform our health care system, but surely we can agree that no one ought to go broke when they get sick in the richest nation on Earth. We can take different approaches to ending inequality, but surely we can agree on the need to lift our children out of ignorance; to lift our neighbors from poverty. We may disagree about gay marriage, but surely we can agree that it is unconscionable to target gays and lesbians for who they are -- whether it's here in the United States or, as Hillary mentioned, more extremely in odious laws that are being proposed most recently in Uganda.

Court Refuses Interlocutory Appeal In Establishment Clause Challenge To AIG Bailout

In Murray v. Geithner, 2010 U.S. Dist. LEXIS 8415 (ED MI, Feb. 2, 2010), a Michigan federal district court denied the government's motion to certify for interlocutory appeal the court's May 2009 holding that plaintiffs have standing to challenge on Establishment Clause grounds the federal bailout of the giant insurance company AIG. The lawsuit claims that AIG's involvement in Sharia-compliant financing means that federal funds are supporting Islamic religious activity. The court also refused to certify for interlocutory appeal its denial of of a motion to dismiss for failure to state a claim.

Court Dismisses Challenge To Removal of Children From Tony Alamo Compound

In Tony Alamo Christian Ministries v. Selig, (WD AR, Feb. 2, 2010), an Arkansas federal district court dismissed a lawsuit charging that plaintiffs' constitutional rights of religious liberty were violated when certain children of members of the Tony Alamo Christian Ministries were removed from their parents by child welfare officials and adjudicated dependent-neglected under state law in state court. Invoking the Younger v. Harris abstention doctrine, the court held that plaintiffs can raise their claims in ongoing dependency-neglect proceedings pending in state court. Yesterday's Washington Post reported on the decision.

Brazilian Court Overturns Ban on Religious Symbols In Rio's Carnival

In 2007, municipal officials in Rio de Janeiro, Brazil banned the display of religious symbols during the city's annual Carnival that marks the beginning of Lent. The Carnival's street parade, which draws thousands of tourists, has regularly featured near-naked women and fantasy images. AFP reported yesterday that judges in Rio have overturned the ban on religious symbols holding that it violates freedom of expression and is a form of censorship. However the Independent League of Samba Schools which organizes the annual Carnival parades says it will observe a national law prohibiting the public vilification of religious objects. In the 1980's some floats featured sexually suggestive images of Jesus.

BBC Follows Indonesian Sharia Police On Patrol

BBC News on Tuesday posted an interesting 3 minute account by reporter Karishma Vaswani as she joined the Sharia police on patrol in Aceh, Indonesia one Saturday evening as they hunted out immoral activities.

France Denies Citizenship To Muslim Man Who Forces Wife To Wear Face Veil

France's minister for immigration Eric Besson has issued a decree denying an application for French citizenship from a Muslim man because he does not respect the values of the Republic. Yesterday's Irish Times reports that the man needed citizenship to settle in France with his French wife. Besson said in a statement:

It became apparent during the investigation and the prior interview that this person was compelling his wife to wear the all-covering veil, depriving her of the freedom to come and go with her face uncovered, and rejected the principles of secularism and equality between men and women.

Prime Minister Francois Fillon says he intends to sign the decree after consulting with the council of state as required by French law. Fillon said that the full-face veil "has no place in our country."

British Jews Unable To Develop Consensus For Legislative Change To School Admissions

JTA reported yesterday that Britain's Jewish community is divided on seeking a legislative change to reverse the UK Supreme Court's decision last December holding that Jewish schools could not use the traditional definition of who is Jewish for purposes of admissions. (See prior posting.) All denominations within the Jewish community are distressed that the court rejected a definition linked to religious law. However the non-Orthodox Jewish movements want any legislation to require Orthodox Jewish schools to accept converts from the Liberal and Reform branches of Judaism as well. The Orthodox movement is unwilling to accept this. The umbrella organization for British Jews, the Board of Deputies, has decided that without consensus it will just take a wait-and-see approach and watch how implementation of the court's ruling plays out.

Court Says Divorced Parents Must Share Religious Decisions For Children

In In re Marriage of Balashov, (WA Ct. App., Feb. 1, 2010), a Washington state appellate court reversed the portion of a trial court's parenting plan entered in a divorce action. The trial court ordered that the major decisions regarding each of the two children are to be made jointly by the parents, except that the mother alone was to make decisions regarding their religious upbringing. The mother had raised the children in the Orthodox Christian faith, while the father had no religious affiliation. The Court of Appeals held that the parenting plan must give the same joint decision making to both parents on religious upbringing of the children as for other matters. It said:

To protect parents' respective constitutional rights to the free exercise of religion, Washington courts hold that a parent's decision-making authority with respect to religious upbringing may not be restricted unless there is "a substantial showing of actual or potential harm to the children from exposure to the parents' conflicting religious beliefs." In re Marriage of Jensen-Branch, 78 Wn. App. 482, 490, 899 P.2d 803 (1995). The court emphasized that "religious beliefs" should be interpreted in the broad sense of "world view" and that a parent's lack of religious belief receives the same amount of protection as any particular religious belief.

Federal Lawsuit Challenges Hate Crimes Prevention Act of 2009

A federal lawsuit was filed yesterday challenging the constitutionality of the recently-enacted Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act of 2009. The complaint (full text) in Glenn v. Holder, (ED MI, filed 2/2/2010), claims that the provisions of the act which criminalizes bias crimes motivated by the victim's actual or perceived sexual orientation or gender identity "elevates those engaged in certain deviant sexual behaviors to a special, protected class of persons under federal law." After quoting a number of Biblical verses on homosexuality, the complaint argues that the Act violates the 1st, 5th and 10th Amendments and exceeds Congress' power under the Commerce Clause.

Brought on behalf of three Christian pastors and the head of the American Family Association of Michigan, the complaint asserts that the Act "is an effort to eradicate religious beliefs opposing the homosexual agenda from the marketplace of ideas by demonizing, vilifying, and criminalizing such beliefs as a matter of federal law and policy." It claims that the federal aiding and abetting statute, along with the substantive provisions of the Hate Crimes Act, will subject plaintiffs to federal questioning, investigation and prosecution for preaching God's word.

The Thomas Moore Law Center, which represents plaintiffs, issued a long press release announcing the filing of the lawsuit. The lawsuit raises arguments that were debated at length during Congress' consideration of the bill. Proponents argued then that several provisions included in the bill adequately protect freedom of speech and religion. (See prior posting.)

European Human Rights Court Says Religion on Identity Cards Violates ECHR

In Sinan Isik v. Turkey [in French], (Eur. Ct. Hum. Rts., Feb. 2, 2010), the European Court of Human Rights, by a vote of 6-1, upheld a complaint by petitioner that the government of Turkey refused to replace "Islam" on his identity card with "Alevi." Before 2006, Turkish identity cards were required to indicate religious identity. Now they may be left blank. The court held that both the pre-2006 practice and the current one violate Art. 9 of the European Convention on Human Rights (freedom of thought, conscience and religion). The court held that the current requirement of applying to authorities to have the religious identification block left blank, as well as including religion on identity cards for any reason, violate the principle that one cannot be required to manifest one's religion or belief. A press release from the Court in English summarizes the court's holding. Today's Zaman reports on the decision.

Churches Have Some Greater Copyright Leeway This Year for Super Bowl Parties

Once again this year, churches are looking carefully at copyright rules as they plan their annual Super Bowl Parties for next Sunday. (See prior related posting.) Yesterday's Christian Post reports that the NFL adopted new Guidelines last year to ease limitations on churches showing the copyrighted Super Bowl Game. Churches are no longer limited to projecting the game on screens of 55 inches or less. Now they can use bigger screens and sound equipment so long as those are used regularly in their ministry. Churches may not charge admission for the showing, but can take up a collection to defray expenses of the party. Finally churches are encouraged to call their events something other than a "Super Bowl" party. The NFL continues to send cease and desist letters to venues other than churches that plan to show the Super Bowl on large screens. The Super Bowl is presumably attracting greater attention than usual in some churches because of the expected anti-abortion ad featuring Tim Tebow that will be aired during the game. (See prior posting.)

Obama Urged To Use Prayer Breakfast To Denounce Ugandan Anti-Gay Bill

The National Prayer Breakfast, scheduled for Thursday in Washington, D.C., is drawing more controversy than usual this year. Every U.S. President since Dwight Eisenhower has spoken at the Breakfast. Beliefnet yesterday reported that this year, gay-rights leaders, including a member of the White House faith advisory council, are urging President Obama to use the Breakfast to speak out against repressive anti-gay legislation pending in the Parliament of Uganda. (See prior posting.) The sponsor of the Breakfast-- the Fellowship Foundation, also known as The Family-- has been accused of inspiring the Ugandan legislation. Progressive religious groups will hold an alternative American Prayer Hour in 17 cities to protest the Washington event.

Meanwhile American Atheists joined other groups in urging the President and other key political leaders such as Sen. Harry Reid, to completely boycott the National Prayer Breakfast this year.

Oregon Jury Convicts Parents In Faith Healing Death

According to KGW News8 Portland, yesterday in Oregon City, Oregon, a state court jury by a 10-2 vote convicted Jeff and Marci Beagley of criminally negligent homicide in the death of their 16-year old son. The Beagleys are members of the Followers of Christ Church which avoids doctors. The parents failed to get medical care for their son who died of complications from a congenital urinary tract blockage. Instead they prayed for him to heal. They testified that they did not know their son's condition was life threatening.

IRS Church Inquiry Rules Do Not Apply In Personal Tax Investigation

In Pennington v. United States, (WD TX, Jan. 29, 2010), a Texas federal district court refused to quash an IRS summons for bank records of a religious organization, Anchor Group. The records are titled in the name of the group's treasurer, James Pennington. The court held that the summons does not violate provisions of the Internal Revenue Code relating to church tax inquiries (IRC Sec. 7611) because it was issued as part of the investigation of the personal tax liability of James and Lisa Pennington, not the liability of the religious organization.

Suits Charges FFRF Sign In Capitol Violated Establishment Clause

Last December as part of the holiday displays in the Illinois state capitol building, officials allowed the Freedom From Religion Foundation to put up a sign calling religion a "myth and superstition." It was placed next to a Christmas tree and near a nativity scene that were also on display. William J. Kelly, a conservative activist and candidate for state comptroller attempted unsuccessfully to take down the sign. (See prior posting.) Now, according to Courthouse News Service, Kelly has sued the Illinois Secretary of State claiming that allowing the FFRF sign violated the Establishment Clause. The complaint (full text) in Kelly v. White, (ND IL, filed 1/28/10), says that a similar sign will likely be permitted in future years unless the court bars it. Plaintiff argues that state regulations prohibit posting of "signs" as opposed to other kinds of displays, and that the sign violates the Establishment Clause because "it is hostile and inflammatory to all religions." [Thanks to Scott Mange for the lead.]

Maryland Tells Condo To Stop Removal of Shabbat Elevator Pending Probe

Last year, after a finding of probable cause by the Maryland Commission on Human Relations, the Strathmore Tower Condominiums in Baltimore (MD) modified one of its elevators to accommodate Orthodox Jewish residents. The owner of one of the condos covered the cost of retrofitting it for "Shabbat mode"-- each Saturday it stops automatically on each floor so Sabbath observant Jews do not need to press elevator buttons. (See prior posting.) However, now JTA reports that on January 17, the condominium board voted to remove the Shabbat mode software and hardware. In response, last week the Maryland Commission on Human Relations ordered the condo board to rescind its action pending an investigation by the Commission. The elevator has been an issue between Orthodox Jewish and African American residents of the condo for the last three years. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Hawaiian House Tables Civil Union Bill Under Pressure From Christian Conservatives

Baptist Press yesterday reported that opposition from Christian conservatives was largely responsible for Friday's vote in Hawaii's House of Representatives to postpone consideration indefinitely on HB 444, a bill that would have authorized same-sex civil unions in the state To the surprise of many, the decision was made by voice vote after a Democratic caucus on the issue. Two weeks ago, some 15,000 religious conservatives rallied in the Hawaiian capital in opposition to the bill.

Pope Criticizes Pending British Equality Bill

Pope Benedict XVI yesterday, while confirming he would be making an Apostolic visit to Great Britain in September, challenged the Equality Bill now working its way through Britain's Parliament. Yesterday's London Times reports on the Pope's remarks (full text) to the bishops of England and Wales who were completing their five-year "ad limina" visit to Rome. The Pope said in part:

Your country is well known for its firm commitment to equality of opportunity for all members of society. Yet as you have rightly pointed out, the effect of some of the legislation designed to achieve this goal has been to impose unjust limitations on the freedom of religious communities to act in accordance with their beliefs. In some respects it actually violates the natural law upon which the equality of all human beings is grounded and by which it is guaranteed.... Continue to insist upon your right to participate in national debate through respectful dialogue with other elements in society.... [W]hen so many of the population claim to be Christian, how could anyone dispute the Gospel’s right to be heard?

Both the Catholic bishops and the Church of England have been concerned that the Equality Bill will require churches to employ gays and transsexuals or to admit women to the priesthood. In recent weeks, the House of Lords has agreed to broader exemptions than those originally proposed for religious organizations. (See prior posting.) Now the Church of England and the bishops will work together to prevent the European Commission from pressuring Britain to again narrow those exemptions.

Court Confirms Assets That Belong To Episcopal Diocese of Pittsburgh

In Calvary Episcopal Church v. Duncan, (PA Com. Pl., Jan. 29, 2010), a Pennsylvania trial court implemented its earlier decision on ownership of assets of the Episcopal Diocese of Pittsburgh. (See prior posting.) The decision is summarized by Episcopal News Service:

Common Pleas Judge Joseph M. James accepted as accurate an inventory of diocesan property submitted by a "special master" he had appointed earlier and told Duncan's organization it must transfer the assets.

The inventory includes $22 million in cash, cash equivalents, receivables, and investments including about $2.5 million in pooled parish investments and real estate and other real property.

"The diocese plans to quickly make arrangements so that all parishes may again have access to their investment funds that were frozen by financial institutions during the legal proceedings," according to a news release from the Episcopal Diocese of Pittsburgh.

Suit Claims Police Destroyed Mystical Qualities of Medicine Bag

A Portland, Oregon man, Craig Clark Show, filed suit on January 17 against the Idaho State Police and the Bonner County, Idaho, Sheriff's Office, alleging that the police destroyed the mystical qualities of his medicine bag when they opened it after Show was stopped for speeding on his motorcycle. According to Friday's Bonner County Daily Bee, Show says the medicine bag imparts protection after it was blessed by a medicine woman and sealed in 1995. Apparently police were searching for drugs.

Ten U.S. Southern Baptists Arrested In Haiti For Attempting To Take Children For Adoption

Ten Southern Baptists, mostly from two churches in Idaho, have been arrested in Haiti for attempting to illegally take 33 children out of the country that has been severely damaged by the recent earthquake. Yesterday's Canadian Press reported that a hearing is scheduled for the Americans today. Haiti's government has stopped all adoptions that were not in process before the earthquake, concerned about trafficking in lost or orphaned children. Some of the 33 children involved still have parents. They thought the children were being taken on an extended vacation away from the earthquake devastation.

The Idaho churches involved had plans before the earthquake to create a shelter for Haitian and Dominican orphans at a beach resort in the Dominican Republic that would attract adoptive parents from the U.S. When the earthquake struck, the churches decided to move more quickly than they had previously planned. The group's spokesperson said they did not think they needed government permission to take the children out of the country, and only had the children's best interests at heart. Rev. Clint Henry of the Central Valley Baptist Church said: "we believe that Christ has asked us to take the gospel of Jesus Christ to the whole world, and that includes children."

Indian Supreme Court Says Civil Service Rules Trump Muslim Personal Law

According to today's New Delhi Pioneer, a two-judge panel of the Supreme Court of India last week held that civil service rules of the state of Rajasthan barring any state employee from taking a second wife without permission of the state takes precedence over the Muslim Personal Law that allows Muslim men to have a second wife. Liyakat Ali, a former constable in the Rajasthan Police, was fired in 1986 and has been in litigation over the civil service ban ever since. Muslim leaders say the Supreme Court's ruling interferes with the religious rights of the Muslim community.

Recent Articles of Interest

From SSRN:

• Stuart P. Green, Review Essay: Golden Rule Ethics and the Death of the Criminal Law's Special Part, (Crime and Culpability: A Gheory of Criminal Law, Larry Alexander, Kimberly Kessler Ferzan, Stephen Morse, eds., Cambridge University Press, 358 pp., 2009 ).
• Thomas M. Mengler, Why Should a Catholic Law School Be Catholic?, (Journal of Catholic Social Thought, Vol. 6, 2010).
• Robert K. Vischer, Whom Should a Catholic Law School Honor?: If Confusion is the Concern, Context Matters, (Journal of Catholic Legal Studies, 2010).
• Andrew M. M. Koppelman, The New American Civil Religion: Lesson for Italy, (George Washington International Law Review, Forthcoming).
• Robert K. Vischer, Conscience and the Common Good, (Journal of Catholic Legal Studies, 2010).
• Tally Kritzman, 'Otherness' as the Underlying Principle in Israel's Asylum Regime, (Israel Law Review, Vol. 42, No. 3, pp. 603-627, 2010).
• Gregory Sobolski & Matt Steinberg, An Empirical Analysis of Section 1983 Qualified Immunity Actions and Implications of Pearson v. Callahan, (Stanford Law Review, Vol. 62, pg. 523, 2010).
• Dan Ernst, The Meaning and Liberal Justifications of Israel's Law of Return, (Israel Law Review, Vol. 42, No. 3, pp. 564-603, 2010).

From SmartCILP:

• Jonathan D. Boyer, Education Tax Credits: School Choice Initiatives Capable of Surmounting Blaine Amendments, 43 Columbia Journal of Law & Social Problems 117-149 (2009).
• Moeen H. Cheema & Abdul-Rahman Mustafa, From the Hudood Ordinances to the Protection of Women Act: Islamic Critiques of the Hudood Laws of Pakistan, 8 UCLA Journal of Islamic & Near Eastern Law 1-48 (2008-2009).
• Michael Cobb, Pioneers, Probate, Polygamy, and You, 11 Journal of Law & Family Studies 275-302 (2009), 2009 Utah Law Review 323-350. [Abstract].
• John F. Scarpa Conference on Law, Politics, and Culture. Introduction by Patrick McKinley Brennan; articles by Kent Greenawalt, Richard Schenk, John T. McGreevy, Jesse H. Choper, Geoffrey R. Stone, Patrick McKinley Brennan and Richard W. Garnett; reply by Martha Nussbaum. 54 Villanova Law Review 579-701 (2009).
• Symposium. The Maryland Constitutional Law Schmooze. Foreword by Mark A. Graber; articles by David Gray, Lief H. Carter, David Bogen, Leslie F. Goldstein, Beau Breslin, Samuel J. Levine, Henry L. Chambers, Jr., Marci A. Hamilton, Carol Nackenoff and Frederick Mark Gedicks. 69 Maryland Law Review 8-161 (2009).

Recent Prisoner Free Exercise Cases

In Allison v. Martin, 2010 U.S. Dist. LEXIS 4928 (ED MI, Jan. 22, 2010), a Michigan federal district court adopted recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123727, Nov. 5, 2009), and rejected various free exercise and RFRA claims by an inmate who objected to the lack of Jewish religious services, wanted religious materials and claims he was denied participation in the prison's kosher meals program.

In Sareini v. Burnett, 2010 U.S. Dist. LEXIS 4925 (ED MI, Jan. 22, 2010), a Michigan federal district court adopted recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123726, Dec. 21, 2009) granting summary judgement on some claims and denying it on others in a case in which a Shi'a Muslim inmate complained about restrictions on his religious exercise. The court dismissed a complaint that no separate Shi'a religious services were offered, but refused to dismiss claims seeking Halal meat, asking to be allowed to have certain religious items and accommodating observance of Muslim holidays.

In Mayo v. Norris, 2010 U.S. Dist. LEXIS 5243 (ED AR, Jan. 22, 2010), an Arkansas federal district court adopted the recommendations of a federal magistrate (2009 U.S. Dist. LEXIS 123899, Dec. 18, 2009) and rejected a petition for a writ of habeas corpus by petitioner who objected on religious grounds both to his conditions of parole and his underlying conviction (after a negotiated guilty plea) for possessing methamphetamine. Petitioner quoted various Biblical verses that he said were inconsistent with the requirement he maintain a residence and not associate with convicted felons. He also argued that his sentence was harsher than what God's judgment would have been.

In Wilkerson v. Jenkins, 2010 U.S. Dist. LEXIS 6602 (D MD, Jan. 27, 2010), a Maryland federal district court rejected an inmate's complaint that he was not permitted to wear his yarmulke outside his housing unit and that his work assignment interfered with his observance of the Sabbath.

In Ivory v. Tilton, 2010 U.S. Dist. LEXIS 6557 (ED CA, Jan. 8, 2010), a California federal magistrate judge, while permitting plaintiff to proceed with retaliation and excessive force claims held that "plaintiff's allegations that 'Defendants' in general harassed him, called him Kosher boy in front of other inmates, both under heated and burned his food, deprived him of his Kosher meals on several occasions, and failed to provide him with proper eating utensils are not sufficient to state any claims." Plaintiff was granted leave to amend on the dismissed claims.

In Scott v. Padula, 2010 U.S. Dist. LEXIS 6174 (D. SC, Jan. 26, 2010) a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 6173, Jan. 7, 2010), and denied a preliminary injunction to an inmate who wanted to have religious books pertaining to the Shetaut Neter faith while he is housed in the Special Management Unit.

In Lockamy v. Dunbar, 2010 U.S. Dist. LEXIS 6893 (ED TX, Jan. 28, 2010), a federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 124184, Oct. 6, 2009), and, among other things, rejected a RLUIPA challenge to application of prison contraband rules that precluded plaintiff from mailing religious articles torn out of a magazine (as opposed to sending the entire magazine) and a Christmas card that had been made from the back covers of copies of a prison publication.

In Yisrayl v. Walker, 2010 U.S. Dist. LEXIS 6785 (SD IL, Jan. 27, 2010), an Illinois federal district court permitted an inmate who practices the African Hebrew Israelite faith to proceed on some of his claims-- that officials refused to serve him unleavened bread, refused to serve him a special holiday meal, denied him access to religious books, videos and a turban and have not hired a clergy member of his faith.

Parental Rights Terminated For 13 Children From Alamo Ministries Compound

On Thursday, a Miller County, Arkansas trial judge terminated the parental rights of six members of the Tony Alamo Christian Ministries. Thirteen children from four families are involved. The Arkansas Democrat-Gazette reports that the children were taken into protective custody by the state in 2008 in an investigation of physical and sexual abuse at the Ministries' compound. (See prior posting.) A judge ruled that parents could be reunited with their children if they moved off church property and found jobs outside the Alamo Ministries so they are not financially dependent on it. (See prior posting.) The parents involve in Thursday's cases failed to move away. More details are unknown because the judge has imposed a gag order barring parents, attorneys and others from speaking to the press about the case. However a spokesperson for a parents rights group says that the rulings are unduly harsh because Ministries leader Tony Alamo is now in prison where he will likely spend the rest of his life. (See prior posting.) Parents say they will appeal Thursday's rulings. Also other appeals of removal of various of the children from the Tony Alamo compound are pending. The Arkansas Department of Human Services said that normally children would not be put up for adoption until all the appeals have been resolved.

Tennessee Adopts Curriculum Guidelines For High School Bible Courses

According to AP, last week the Tennessee State Board of Education approved guidelines for elective high school social studies courses teaching about the Bible and its historical content. The guidelines implement legislation passed in 2008 authorizing creation of a course focusing on "nonsectarian nonreligious academic study of the Bible and its influence on literature, art, music, culture and politics." (See prior posting.) A Tennessee ACLU spokesperson said the new guidelines appear sensitive to concerns that the classes not be used to try to covert students. The legislation did not require districts with existing Bible courses to move to the state curriculum. [Thanks to Scott Mange for the lead.]

Muslim Organization Objects To Remarks In Speech By California Mayor

The Council on American-Islamic Relations plans to file a complaint with the Justice Department's Civil Rights Division over the State of the City speech given this week by Lancaster, California's mayor, R. Rex Parris. Yesterday's Fresno Bee reports that in the speech, Parris said that he is "growing a Christian community," and urged voters to support a ballot measure in April that would endorse prayer at city meetings.

Rifqa Bary's Parents Seek to Withdraw Settlement Consent Entered Last Week

Last week, it seemed like the case of Rifqa Bary was finally over. Her Muslim parents agreed that the 17-year old girl who fled, fearing her life was in danger because of her conversion to Christianity, could stay with her Ohio foster family, and that everyone would get counseling. (See prior posting.) According to today's Columbus Dispatch, however, that agreement has been short-lived. Claiming misrepresentations and fraudulent inducement, Rifqa's parents now want to withdraw their consent to the deal, claiming that Franklin County (OH) Children's Services is improperly allowing Rifqa to have contact with Blake and Beverly Lorenz, the people in Florida who helped Rifqa run away. The parents say that Rifqa's attorney sent Rifqa's handwritten birthday card to Blake Lorenz for Rifqa. The card referred to Blake as "daddy". Rifqa's parents have now asked for Rifqa's Ohio foster parents to be removed as guardian ad litem.

FFRF Objects To Planned Mother Teresa Postage Stamp

A month ago, the United States Postal Service announced the commemorative postage stamps it plans to issue during 2010. One of the stamps will honor 1979 Nobel Peace Prize winner, Mother Teresa, a nun who worked among the impoverished in Calcutta, India. According to yesterday's Oregon Faith Report, the Freedom from Religion Foundation is objecting to the stamp because Mother Teresa is a religious figure. In response, Pacific Justice Institute will be sending a letter to the USPS offering legal support for the stamp.

North Carolina County's Sectarian Prayers Violate Establishment Clause

In Joyner v. Forsyth County, North Carolina, (MD NC, Jan. 28, 2010), a North Carolina federal district court adopted a magistrate's recommendations (see prior posting) and concluded that the Forsyth County Board of Commissioners' invocation policy, as implemented, violates the Establishment Clause. The court found that the prayers offered at Board meetings advance one particular faith and have the effect of affiliating the Board with that faith. The court said that going forward, the county has three options: (1) do not open meetings with prayers; (2) open meetings with non-sectarian prayers; or (3) implement an invocation policy that involves diversity and inclusiveness in the prayers offered. ACLU of North Carolina issued a release approving of the decision. AP reported on the decision.

Air Force Academy Adds Chapel Space For Earth-Centered Faiths; Talks With Secular Student Group

The U.S. Air Force Academy Chapel is adding a worship area for followers of Earth-centered religions, such as Wicca and Druidism. A release from the Academy reports that dedication of the new outdoor worship circle on the hill overlooking the Cadet Chapel and Visitor Center is tentatively scheduled for March 10. This will be the latest addition to sacred spaces already set aside for Protestant, Catholic, Jewish, Muslim and Buddhist worship. [Thanks to Rev. Jeanene Hammers for the lead.]

Meanwhile, the Colorado Springs Independent yesterday reported [scroll down] that the Air Force Academy's Freethinkers group has apparently gained consent of administrators to affiliate with national Secular Student Alliance and move out from the Academy's Special Programs In Religious Education. The move came after SPIRE discouraged the group last spring from officially inviting atheist Christopher Hitchens. (Background.) Instead Hitchens met off campus with cadets. [Thanks to Scott Mange for the lead.]

DHS Secretary Meets With Faith and Ethnic Leaders

A press release from the Department of Homeland Security reports that DHS Secretary Janet Napolitano met yesterday with leaders from Muslim, Sikh, South Asian and Arab communities. The meeting focused on ways that DHS can increase engagement, dialogue and coordination with, and enhance information sharing between, the Department and faith- and community-based groups.

Court Says Pastor's Defamation Is Not Barred By 1st Amendment

In Tubra v. Cooke, (OR App., Jan. 27, 2010), an Oregon appellate court reversed a trial court's judgment notwithstanding the verdict in an interim pastor's defamation claim against his former church and two of its officers. The jury had awarded damages to the pastor, but the trial court held that the First Amendment deprived it of jurisdiction. Disagreeing, the Court of Appeals said:

If the organization is of a religious character, and the alleged defamatory statements relate to the organization's religious beliefs and practices and are of a kind that can only be classified as religious, then the statements are purely religious as a matter of law, and the Free Exercise Clause bars the plaintiff's claim. In defamation law terms, those statements enjoy an absolute privilege.

If, however, the statements--although made by a religious organization--do not concern the religious beliefs and practices of the religious organization, or are made for a nonreligious purpose--that is, if they would not "always and in every context" be considered religious in nature--then the First Amendment does not necessarily prevent adjudication of the defamation claim, but the statements may nonetheless be qualifiedly privileged under established Oregon law.

In this case, the alleged defamatory statements--that the pastor had misappropriated money and had demonstrated a willingness to lie--would not "always and in every context" be religious in nature. Thus, even though the statements related to plaintiff's conduct as a pastor of the church, that fact does not render those statements absolutely privileged as a matter of law under the Free Exercise Clause. Rather, that fact gives rise to a qualified privilege.

Building Permit Charges Against Amish Farmer Dismissed on Free Exercise Grounds

In Jackson County, Wisconsin, a state trial court judge earlier this month dismissed on free exercise grounds charges against an Amish farmer and his wife that they failed to apply for a building permit to build a home and a second residence on their property. According to yesterday's Jackson County Chronicle, defendant Samuel F. Stolzfus refused to sign a building permit application on religious grounds because he did not know if he could adhere to the promise in it that he would comply with local ordinances and the state's uniform dwelling code. The court concluded: "The town has failed to establish a compelling governmental interest in requiring signed applications from the Amish and, therefore, may not enforce the ordinance against them." In the two-year old case, the town did not charge that there were actual safety problems with the buildings Stolzfus constructed.

UPDATE: Here it the full opinion in Town of Albion v. Stolzfus, (WI Cir. Ct., Jan. 7, 2010). [Thanks to Robert L. Greene.]

Indonesian Government Says 20% of Mosques Face Wrong Direction

Worshippers in mosques are supposed to face Mecca when the pray. According to today's Jakarta Globe, Indonesia's ministry of religion says that there are errors in the direction worshippers face in 20% of the country's mosques-- mainly in the earthquake-hit areas such as Yogyakarta, West Java and West Sumatra. The ministry suggests that mosques just have worshipers change the direction they are facing, rather than renovating the entire building.

Bill Proposed In California To Protect Clergy From Perfoming Same-Sex Marriages

As the federal court trial challenging the constitutionality of California's gay marriage ban continues (New York Times 1/27), proponents of same-sex marriage yesterday introduced a bill in the California legislature to make the prospect more appealing to opponents. The Civil Marriage Religious Freedom Act (SB 906) emphasizes the distinction between religious and civil marriage by changing language in state statutes relating to marriage to refer to "civil marriage." The bill goes on to add to the section which permits clergy to perform marriage ceremonies:

No person authorized by this subdivision shall be required to solemnize a marriage that is contrary to the tenets of his or her faith. Any refusal to solemnize a marriage under this subdivision shall not affect the tax exempt status of any entity.

According to LAist yesterday, both Equality California (press release) and the California Council of Churches back the measure.

1st Circuit Rejects Religious Persecution Claim By Chinese Woman Seeking Asylum

In Weng v. Holder, (1st Cir., Jan. 27, 2010), the U.S. 1st Circuit Court of Appeals upheld a decision by the Board of Immigration Appeal denying asylum, withholding of removal and protection under the Convention Against Torture to a native and citizen of China who claimed she has and in the future will likely face religious persecution. Jin Weng is an adherent of Zun Wang, a banned religion in China. An immigration judge had found Weng's testimony to be inconsistent with her earlier statements to immigration officials after she illegally entered the U.S. from Mexico. At that time, she did not mention religion but said she was fleeing China and feared returning there because of poverty and other nonreligious reasons. The judge rejected additional testimony by her at her immigration hearing regarding her religious persecution in China because he found her not to be a credible witness. Yesterday's National Examiner reports on the decision.

In West Bank, Mosques Become Part of Battle Between PA and Hamas

IPS yesterday reported that in the West Bank, the Palestinian Authority's Fatah Party is using mosques in its battle against rival Hamas, as well as against critics within its own party. Earlier this month, the PA Ministry of Religious Affairs distributed a prepared sermon that imams were ordered to read before Friday prayers. While the PA has been dictating imam's speeches for a year, the sermon earlier this month was particularly controversial. It attacked Qatar-based Sheikh Youseff El-Qaradawi, an outspoken opponent of PA President Mahmoud Abbas. When some worshippers hurled abuse at imams reading the sermons, PA security forces raided a number of mosques and arrested some of the worshippers.

Qaradawi is considered a prominent scholar of Islamic law. He condemned Abbas for thwarting U.N. action on a report critical of Israel's 2008 incursion into Gaza. The rhetoric is heated. Qaradawi called for Abbas to be stoned in Mecca if it is shown that he instigated Israel against Gaza. The controversial PA sermons delivered in response called Qaradawi an ignoramus and a puppet of the government of Qatar.

Court Applies Ministerial Exception to Dismiss Suit by Catholic School Teacher

In Weishuhn v. Catholic Diocese of Lansing, (MI Ct. App., Jan. 26, 2010), a Michigan appellate court dismissed a lawsuit brought by a Catholic school teacher who taught mathematics and religion to 6th, 7th and 8th graders. Plaintiff challenged her termination. The court concluded that plaintiff's duties were primarily religious in nature, and that the ministerial exception doctrine applies to both her Civil Rights Act claim and her Whistleblower Protection Act claim. The court said: "Termination of a ministerial employee by a religious institution is an absolutely protected action under the First Amendment, regardless of the reason for doing so." (See prior related posting.) Yesterday's Michigan Messenger reported on the decision.

Peres Addresses Bundestag On International Holocaust Remembrance Day

Today is International Holocaust Remembrance Day, as set by a 2005 United Nations Resolution. Marking the occasion, Israeli President Shimon Peres addressed the German Bundestag. (Full text of remarks.) In a wide-ranging speech, he urged that authorities bring to justice those still alive in Germany and elsewhere in Europe who participated in the genocide of the Nazi era. Reviewing the history of the Holocaust, he said:

The Nazi rabid hatred cannot be solely defined as "anti-Semitic." This is a commonly-used definition. It does not fully explain the burning, murderous, beastly drive that motivated the Nazi regime, and their obsessive resolve to annihilate the Jews. The war's objective was to conquer Europe; not to settle scores with Jewish history. And if we constituted, we the Jews, a terrible threat in the eyes of Hitler's regime, this was not a military threat, but rather a moral threat. An opposition to the desire that denied our faith that every man is born in the image of God, that we are all equal in the eyes of God, and that all men are equal.

House of Lords Today Debates Religious Hiring By Faith Schools

In Britain today the House of Lords will debate a series of amendments proposed by Baroness Turner of Camden to limit the extent to which voluntary-aided faith schools can hire teachers on the basis of religion. (Ekklesia, Accord Coalition). Under current law, these faith schools (which receive government support) can broadly discriminate in recruitment, pay and promotion on the basis of religion, and can dismiss teachers for conduct that is incompatible with the precepts of the school's religion. The amendments would require faith schools to show that discrimination on religious grounds is a "legitimate" and "proportionate" occupational requirement-- the same standard that currently applies to religious charities in Britain. The amendments would limit schools' present ability to apply religious criteria to those who teach only secular subjects and are not in leadership roles. (London Guardian op ed.) Today's debate follows a vote on Monday in which the Lords eliminated provisions in the Equality Bill that narrowed exemptions from the sexual orientation anti-discrimination provisions for religious organizations. (See prior posting.)

Focus on Family Ad Featuring Tim Tebow Will Run During Superbowl

According to yesterday's Gainesville Sun, the conservative Christian group Focus on the Family has raised over $2.5 million to run a 30-second ad during the Superbowl featuring former University of Florida quarterback Tim Tebow. The athlete is known for his Chritsian beliefs, often writing references to Bible verses in his eye black. (Photo from Huffington Post). He was the first home schooled athlete to be nominated for the Heisman Trophy. According to a press release earlier this month from Focus on the Family, Tim and his mother Pam will share a personal story centered on the theme "Celebrate Family, Celebrate Life." News accounts speculate that the ad will center on Pam Tebow's decision, after she became seriously ill, to ignore a doctor's recommendation that she have an abortion. She gave birth to Tim. The National Organization for Women has written CBS questioning why it made an exception to its policy against advocacy ads here. In response, CBS has announced it would consider other "responsibly produced" advocacy ads for the few remaining spots on the Feb. 7 Superbowl broadcast.

Father's Suit Against Family Planning Clinic Dismissed

Yesterday's Corpus Christie (TX) Caller reported that a Texas federal district court has dismissed a lawsuit against a family planning clinic brought by a father who objected to the clinic's giving his 14-year old daughter the "morning after pill." He said that this violated her religious and moral training. South Texas Family Planning in Kingsville (TX), however, contended that federal guidelines for its grant funds preclude requiring parental consent to dispense so-called "Plan B."