Pope Meets With Irish Bishops Over Sex Abuse Scandal

The Vatican yesterday issued a statement (full text) after Pope Benedict XVI's two-day summit with Irish bishops on the priest sex abuse scandal in that country. The Murphy Commission Report issued last year faulted the Church's handling of abuse cases for 30 years ending in 2004.(See prior related posting.) Both The Pilot and Zenit yesterday reported on the meetings and their aftermath. According to the Vatican, the Pope "challenged the Bishops to address the problems of the past with determination and resolve, and to face the present crisis with honesty and courage. He also expressed the hope that the present meeting would help to unify the Bishops and enable them to speak with one voice in identifying concrete steps aimed at bringing healing to those who had been abused, encouraging a renewal of faith in Christ and restoring the Church’s spiritual and moral credibility."

Meanwhile a new controversy broke out over the refusal by Archbishop Giuseppe Leanza, the Vatican's apostolic nuncio to Ireland, to appear before the Irish parliament's Foreign Affairs Committee. According to yesterday's Irish Times, the nuncio in a letter to the Oireachtas committee said: "it is not the practice of the Holy See that apostolic nuncios appear before parliamentary commissions."

Colorado Senate Committee Rejects Proposal For Religious Bill of Rights In Schools

The Colorado Independent reports that on Monday, a committee of the Colorado State Senate defeated by a vote of 4-3 the controversial proposed "Religious Bill of Rights for Individuals Connected to Public Schools Act" (SB 10-089). The bill would have required the state board of education to prepare and distribute documents setting out rights of students, parents, teachers and employees to engage in various types of religious expression in the schools. It would also have allowed teachers to refuse to teach topics that violate their religious beliefs. The committee also rejected a watered-down version that would have merely called on the state attorney general to develop answers on religious questions that arise in schools. Opponents of the bill said that schools can already consult the attorney general on these issues.

Contempt Charged As Father Violates TRO On Daughter's Religious Training

Yesterday's Chicago Sun-Times reports on an ugly in-court battle in Chicago over a 3-year old's religious upbringing while her parents are going through a divorce. Joseph and Rebecca Reyes married in 2004. He was Catholic and she was Jewish. When their daughter was born several years later, Joseph converted to Judaism-- under pressure from his wife's family according to him. The couple disagrees over whether Joseph agreed to raise their daughter in the Jewish faith. After the couple separated in 2008, Joseph returned to his original Catholic faith. After not seeing his daughter for 7 months, Joseph went to court. The court allowed Joseph to take his daughter every other weekend and Thursdays for dinner. However in December, after Joseph sent Rebecca a picture of their daughter being baptized at a local Catholic church, Rebecca obtained a temporary restraining order from the court ordering Joseph not to expose their daughter to any religion other than Judaism.

Defying the order, last month Joseph took their daughter to Holy Name Cathedral, accompanied by a television news crew. Yesterday Joseph was arraigned on contempt charges. He could face up to 6 months in jail and a $500 fine. ABC News conducted a long interview with Joseph Reyes yesterday. (Full transcript).

Palestinian Authority Raising Hurdles for Miss Palestine Contest

Palestinian advertising firm owner Salwa Youssef began last year to plan the first Miss Palestine beauty pageant. Contestants will model traditional Palestinian clothing and there will be no bathing suit pageant. However, according to yesterday's Christian Science Monitor, the secular Palestinian Authority government of President Mahmoud Abbas-- sensitive to pressure from religious and cultural conservatives-- is placing hurdles in the way of the plans. It said Youssef had not obtained the proper license for the event, and criticized her original timing which would have put the finale on the eve of the anniversary of the Israeli-Palestinian Gaza war. The PA Tourism Ministry is now not responding to Youssef's requests for sponsorship of the event. If the PA approves it, there will likely be criticism from Hamas that controls the West Bank and has pushed through legislation forcing women to wear modest dress in public.

First Step in Mexico On Church-State Separation Amendment to Constitution

Business Week reports last week that the lower house of Mexico's Congress has approved a constitutional amendment that formally establishes separation of church and state. The amendment "guarantees the autonomy of institutions from religious norms, rules and convictions or individual ideologies, as well as the equality of people before the law independent of their convictions." The overwhelming vote was 363-1 with 8 abstentions. Analysts say the amendment is designed to limit the Catholic Church's influence over political decisions. The Church has criticized enactments by Mexico City legalizing first-trimester abortions, and permitting same-sex marriage and adoptions. The amendment measure still has a long way to go. It must still be approved by Mexico's Senate, signed by President Felipe Calderon and ratified by a majority of Mexico's state legislatures. [Thanks to Bob Ritter for the lead.]

FLDS Appoints New President As Trust Reform Efforts Drag On

AP reported yesterday that the polygamous Utah-based Fundamentalist Church of Jesus Christ of Latter Day Saints (FLDS) has filed documents with the Utah Department of Commerce naming Wendell Loy Nielsen as president replacing the jailed Warren Jeffs. The 69-year old Nielson, who has been running the day-to-day affairs of FLDS for some time, was indicted on three counts of bigamy in 2008 following the raid of the FLDS Yearning for Zion Ranch. The Utah filing makes it clear that Nielsen has legal authority to make business decisions for the church. It is unclear whether he has replaced Jeffs as the church prophet.

Meanwhile, yesterday's Salt Lake Tribune reports on the frustration felt by Utah attorney general Mark Shurtleff over the protracted litigation growing out of the state's efforts to reform the United Effort Plan Trust that holds the $110 million worth of homes and vacant land that had been administered as communal assets of FLDS. Shurtleff is considering recommending a replacement for court-appointed trustee Bruce Wissan who, after five years in the position, is in protracted legal disputes with FLDS. Shurtleff says that they were close to a settlement last summer, explaining: "negotiators came up with a way to get around FLDS' refusal to accept property deeds for land they consider consecrated to God through their church. The discussions, though, unraveled over use of communal properties like parks and where and what type of property would be designated for use by community residents who are not FLDS." (See prior related posting.)

Court Orders Religious Highway Billboards Removed

A Kentucky state trial court judge has ordered two highway billboards that display religious messages to be taken down within 60 days, finding that they violate state highway beautification laws. Yesterday's Louisville Courier-Journal reports that the billboards violate restrictions on placing billboards within 660 feet of a highway, except in commercial or industrial zones, or under certain other exceptions. Jimmy Harston of Scottsville, Ky., who installed the billboards argued that the state was censoring his religious expression. One of the billboards proclaims "hell is real" (with 10 Commandments excerpts on the other side). The other billboard asks: "If you died today, where would you spend eternity?" The billboards have been up for five years without the required state permit, and the court says its ruling has nothing to do with restricting religious expression. It has to do with highway regulation.

School Yearbook Photo Raises First Amendment Concerns

In Arlington, Washington, the president of the Arlington High School debate club, honors student Justin Surber, is at the center of a First Amendment controversy. Once a week, to provoke debate Surber wears to school a T-shirt picturing philosopher Friedrich Nietzche and a quote from him: "God is dead." Surber also wore the shirt on the day the debate club's photo was taken for the yearbook. The yearbook advisor asked for a retake without the T-shirt, and when that second photo was taken sometime later, in protest Surber and a friend refused to be in it. Surber says his views are being censored, and that photos of students wearing clothing with Christian messages are allowed in the yearbook. According to an AP report yesterday, school officials point to the student handbook which says that student publications are not private speech of students, but are public activities of the school district. They say that the school district's lawyer advised that a student's First Amendment rights are not violated when a yearbook refuses to run a photo of him.

Jewish Groups Split On Issues In Pending Supreme Court CLS Case

An article yesterday from JTA discusses the differences of opinion within the Jewish community over which side to support in the pending Supreme Court case of Christian Legal Society v. Martinez. At issue in the case is whether the University of California's Hastings College of Law may impose its policy against discrimination on the basis of religion and sexual orientation on a student religious group seeking formal recognition. Orthodox Jewish groups have filed amicus briefs on the side of the Christian Legal Society, arguing among other things that if CLS loses, University rules would require Jewish student groups to admit Jews for Jesus proselytizers as members. On the other hand, more secular Jewish civil rights groups such as the ADL are supporting the University, concerned that otherwise government funds will be able to be used to support discriminatory activities. Various of the groups disagree over whether the case is limited to issues relating to student groups, or whether it will have broader implications for faith-based funding.

Newly Merged School Board Will Open Meetings With Prayer

According to a report yesterday from WQAD News, the Mercer County, Illinois School Board has decided to open each of its meetings with a prayer. Superintendent Alan Boucher said they were advised by legal counsel that this would be permissible so long as prayers are non-sectarian and the Board does not favor one religion over another. An organization of local ministers will rotate the prayer among its members. The Mercer Board is newly formed from a merger of the Westmer and Aledo school districts. The Aledo board previously opened its meetings with prayer.

USCIRF Wants US To Raise Religious Freedom Questions In UN On 4 Countries

The U.S. Commission on International Religious Freedom last Friday wrote Secretary of State Hillary Clinton (full text of letter) urging that U.S. representatives to the United Nations raise religious freedom issues at this month's Human Rights Council Universal Periodic Review session. USCIRF is particularly concerned about Iran, Iraq, Egypt and Kazakhstan, all of whom are up for review in the seventh session of the UPR process.

In Morocco, Debate Over Ban On Sale of Alcohol To Muslims

AFP reported yesterday on the efforts in Morocco to repeal laws that prohibit the sale of alcohol to Muslims. The ban, imposed by royal decree in 1967, is largely ignored in the country and the wine industry is an increasingly important part of the country's economy. Bayt Al Hikma, or House of Wisdom, an organization pressing for democratic values, argues that the law that limits sale of alcohol to foreigners violates the constitutional rights of Moroccans. However the Islamist Justice and Development Party strongly backs the ban.

Recent Articles of Interest

From SSRN:

• Paul E. McGreal, The Unpublished Free Exercise Opinion in Jensen v. Quaring, (Southern Illinois University Law Journal, Fall 2009).
• Robert A. Kahn, News Value, Islamophobia, or the First Amendment? Why and How the Philadelphia Inquirer Published the Danish Cartoons, (U of St. Thomas Legal Studies Research Paper No. 10-07, 2010).
• Piero Tozzi, Whither Free Exercise: Employment Division v. Smith and the Rebirth of State Constitutional Free Exercise Clause Jurisprudence, (Journal of Catholic Legal Studies, Vol. 48, No. 2, 2009; Catholic Lawyer, Vol. 48, No. 2, 2009).
• Sherman J. Clark, Neoclassical Public Virtues: Towards an Aretaic Theory of Law-Making (and Law Teaching), (Virtue in the Law, Forthcoming; Michigan State University Legal Studies Research Paper, Feb. 13, 2010).

From Bepress:

• Elimelech Westreich, Elements of Negotiability in Jewish Law in Medieval Christian Spain, (Theoretical Inquiries in Law: Vol. 11 : No. 1, Article 14, 2010).

British Tories Debate Role of Christian Conservatives In Party

Friday's Financial Times carries a lengthy article analyzing the growing importance of Christian conservatives in Britain's Conservative Party. Here is an excerpt:

As Conservatives grasp the real possibility of victory this year, some are asking what degree of power a few evangelical Christians – only 3 per cent of the party members, according to one poll – will wield. The answer will determine the shape and sturdiness of any Conservative government....

As Conservatives grasp the real possibility of victory this year, some are asking what degree of power a few evangelical Christians – only 3 per cent of the party members, according to one poll – will wield. The answer will determine the shape and sturdiness of any Conservative government.

[Thanks to Scott Mange for the lead.]

Welcome To the Blogosphere to Religious Left Law

Welcome to the blogosphere to Religious Left Law. One of the blog's contributors, Prof. Robert Hockett, describes its purpose:

Our aim is to offer a site at which people who adhere to a variety of faith traditions, with perhaps varying degrees of intensity across persons and through time, might discuss legal and cognate subjects together in mutual respect and affection.

Other contributors include Steve Shiffrin, Eduardo Penalver and Michael Perry. A link to the blog has been added to the Religion Clause sidebar. [Thanks to Patrick O'Donnell for the lead.]

UPDATE: I failed to note that Patrick O'Donnell is also a blogger on Religious Left Law.

Recent Prisoner Free Exercise Cases

In Iron Thunderhorse v. Pierce, (5th Cir., Feb. 9, 2010), the 5th Circuit rejected a RLUIPA claim by a Native American inmate. The court upheld prison restrictions denying plaintiff permission to grow his hair, prohibiting him from performing pipe ceremonies in his cell, and limiting vendors from whom he could buy a headband.

In Jones v. Burk, 2010 U.S. Dist. LEXIS 9674 (ED CA, Feb. 4, 2010) , a federal magistrate judge found that plaintiff had exhausted his available administrative remedies, so he could file suit challenging the temporary or permanent denial of various Muslim religious items and access to Muslim clergy. In so finding, the court held that a remedy is not "available" if a prisoner has no reasonable way of knowing about its existence.

In Marchant v. Murphy, 2010 U.S. Dist. LEXIS 10971 (D MA, Feb. 9, 2010), a Massachusetts federal district court rejected a claim by a civilly committed sex offender that his free exercise rights and his rights under RLUIPA were violated by the correctional institution's refusal to create a second competing Native American religious group.

In Blake v. Murphy, 2010 U.S. Dist. LEXIS 10963 (D MA, Feb. 9, 2010), a Massachusetts federal district court denied a 1st Amendment free exercise challenge by a civilly-committed sex offender who sought construction of a sweat lodge so he could practice his Native American religion. The court held that plaintiff was collaterally estopped by a prior state court decision rejecting the same request under RLUIPA.

In Mangus v. Dauphin County Prison, 2010 U.S. Dist. LEXIS 11205 (MD PA, Jan. 8, 2010), a Pennsylvania federal magistrate judge recommended dismissing an inmate's complaint regarding a religious diet for adherents of Islam and alleged restrictions on prayer and religious attire. The court found that plaintiff failed to connect the warden who she sued to any of the alleged acts and had failed to exhaust her administrative remedies.

In Courtney v. Burnett, 2010 U.S. Dist. LEXIS 11521 (WD MI, Feb. 10, 2010), a Michigan federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 124853, Oct. 5, 2009) and dismissed an inmate's 1st Amendment and RLUIPA claims objecting to the removal of his right to eat in the kosher diet line in the former institution in which he was housed.

In Jaspar v. Moors, 2010 U.S. Dist. LEXIS 12049 (ED CA, Feb. 10, 2010), a California federal magistrate judge recommended dismissing a Jewish inmate's complaint that defendant interfered with his seeing the prison rabbi, after a series of confrontations between plaintiff and defendant over activities in the Protestant chapel.

President Addresses Islamic World Forum; Appoints New Envoy To OIC

Yesterday President Obama addressed by video the U.S.-Islamic World Forum in Doha, Qatar. The White House has posted the text and a video of his remarks. The President said: "the United States and Muslims around the world have often slipped into a cycle of misunderstanding and mistrust that can lead to conflict rather than cooperation." He outlined his efforts to advance "mutual interest and mutual respect" between the U.S. and Muslims around the world. The President also announced yesterday that he has appointed Rashad Hussain to serve as his Special Envoy to the Organization of the Islamic Conference (OIC). Hussain presently serves as Deputy Associate Counsel to the President.

British Appeals Court Says Airline's Ban on Religious Jewelry Was Not Employment Discrimination

In Eweida v. British Airways, PLC, (Eng. & Wales Ct. App., Feb. 12, 2010), Britain's Court of Appeal rejected claims that British Airways had discriminated against employee Nadia Ewieda when, because of its dress rules, it prevented her from wearing a small visible cross with her British Airways uniform. In the appeal-- challenging a decision of the Employment Appeal Tribunal (see prior posting)-- the court said:

In the light of the publicity which this case has received, it is necessary to say what the appeal is not about. It is not about whether BA had adopted an anti-Christian dress code, nor whether members of other religions were more favourably treated, nor whether BA had harassed the appellant because of her beliefs. All of these allegations were rejected by an employment tribunal ... [whose] conclusions are now accepted.... The single issue on which the appellant ... now appeals to this court, was whether there had nevertheless been indirect discrimination which was unjustified.....

Relying on findings below that visible display of a cross was not a requirement of the Christian faith, the court concluded that Ms. Eweida had not shown the indirect discrimination that she had charged, and, if she had, it would have been justifiable as a proportionate means to achieve a legitimate aim. AFP yesterday reported on the decision.

Signatures Filed For Colorado Personhood Amendment

On Friday, Personhood Colorado submitted 79,917 signatures in support of a proposed ballot measure that would amend Colorado's Constitution to provide that the term "person" as used in three provisions of the state's bill of rights "shall apply to every human being from the beginning of the biological development of that human being." The three provisions affected are ones on inalienable rights, equality of justice and due process of law. A release carried on Christian Newswire says that all of the signatures were gathered by unpaid volunteers. The Colorado Secretary of State's Office must now validate the signatures. 76,047 valid signatures are required for the proposal to be put on the ballot later this year.

Another Lawsuit Seeks Return of Break-Away Parish Property To Episcopal Church

Yesterday's Modesto (CA) Bee reports on a new lawsuit growing out of the Dec. 2007 decision of the Episcopal Diocese of San Joaquin (CA) to break away from the Episcopal Church to join the more conservative Province of the Southern Cone. (See prior posting.) In an earlier lawsuit, the Episcopal Church and the parallel Diocese that remained loyal to it sued the break-away diocese that owned most of the property of break-away parishes. However ten of the parishes were separately incorporated and held title to their own property. Most of those parishes surrendered their property, however St. Francis Anglican Church in Turlock (CA) did not. Now a separate lawsuit has been filed against St. Francis seeking return of control of the parish premises and other assets to the Diocese of San Joaquin that remains part of the Episcopal Church. [Thanks to Virtue Online for the lead.]

Saudi Religious Police Again Crack Down On Sale of Valentine's Day Items

As Valentine's Day approaches, yesterday the Saudi Arabian religious police (muttawa) started their annual crack down on stores selling red roses, heart shaped items or gifts wrapped in red. AP reported that police have published a statement in Saudi papers warning stores not to stock such items. The country bans the celebration of Western holidays such as St. Valentine's Day that is named after a Christian saint. Conservative Muslims see it as a celebration of romantic love that corrupts Muslim young people. However Valentine's Day is popular in some parts of the Arab world-- such as Egypt and Dubai. Some Saudis shop for Valentine items weeks in advance to avoid the restrictions enforced by police closer to the day. [Thanks to Scott Mange for the lead.]

Haitian Judge Recommends Release of U.S. Missionaries

In Haiti, a judge has recommended that the ten U.S. Baptist missionaries charged with kidnapping be released and allowed to leave the country, so long as they keep a representative in Haiti to respond to further questions. The Americans went to Haiti to rescue orphans, but a number of the children they tried to bring into the Dominican Republic were turned over to them by parents. (See prior posting.) Yesterday's Christian Science Monitor and CBN News report that the judge's recommendation now goes to the prosecutor for comment. That may take up to five days.

Muslim Scholars Rule That Body Scanners Violate Islamic Law

According to yesterday's Detroit Free Press, the Fiqh Council of North America, a body of Islamic scholars, has ruled this week that going through airport body scanners would violate Islamic law. The fatwa concludes that the scanners violate Islamic rules on modesty. The Transportation Security Administration said that body scanners are optional for all passengers. Those opting out will instead receive equivalent screening that may include a physical pat down, hand wanding and other technologies. Pat downs are performed by TSA officers of the same sex as the passenger, and at the passenger's request can be performed in a private area. Muslim groups are urging their members to opt for these alternative methods.

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.