Uganda Lawuit Challenges Polygamy; Government Says It Is Protected Religious Practice

In Uganda earlier this month, the women's rights organization Mifumi Uganda Ltd. filed a petition in the country's Constitutional Court seeking to have laws that permit men to practice polygamy, but do not permit women to have more than one husband, declared unconstitutional. The suit argues that provisions in the Customary Marriages Registration and the Marriage and Divorce of Mohammedan Act that allow polygamy violate the right to equality guaranteed in Article 21 of Uganda's Constitution. (Mufumi press release.) Friday's Kampala Daily Monitor reports that the Attorney General's Office has responded to the petition by arguing that polygamy is protected by Article 37 of the Constitution that guarantees the right "to belong, practice, enjoy, profess and promote any culture, tradition and religion of his or her own choice."

Program Encourages Non-School Sponsored Baccalaureate Services

The Pacific Justice Institute last week announced its second annual campaign to encourage churches and Christian student clubs to host baccalaureate services for high school seniors. PJI is offering free legal advice, practical tips and model formats for programs that respect church-state separation because they are not school-sponsored.

Indian State Seizes Workbooks With Offensive Picture of Jesus

In the Indian state of Meghalaya, the government has seized from schools and bookstores all copies of a primary school cursive writing workbook that contains a picture of Jesus holding a cigarette and a beer can. BBC News reported on Friday that the book was published by Skyline Publications in New Delhi. The book was discovered by a private school in the city of Shillong. The Catholic Bishops Conference in India has now ordered removal of all books published by Skyline from all its schools. Meghalaya Education Minister Ampareen Lyngdoh said the government is considering taking legal action against the publishers over the offensive picture. Meghalaya state is 70% Christian. The Christian Post on Sunday reported that the publishers have issued an apology. [Thanks to Scott Mange for the lead.]

Recent Articles and Books of Interest

From SSRN:

• Josh Goodman, Divine Judgment: Judicial Review of Religious Legal Systems in India and Israel, (Hastings International and Comparative Law Review, Vol. 32, No. 2, p. 379, Summer 2009).
• Marc O. DeGirolami, No Tears for Creon, (Legal Theory, Forthcoming).
• Richard F. Storrow, Medical Conscience and the Policing of Parenthood, (William & Mary Journal of Women and the Law, Vol. 16, No. 2, pp. 369-393, 2010).
• Gregory P. Magarian, Religious Argument, Free Speech Theory, and Democratic Dynamism, (Washington U. School of Law Working Paper No. 10-02-04, Feb. 18, 2010).
• Florian H. Karim Theissen & Hans-Martien Ten Napel, Th.D., Taking Pluralism Seriously: The US and the EU as Multicultural Democracies, (Bart C. Labuschagne & Reinhard W. Sonnenschmidt, eds., Religion, Politics and Law: Philosophical Reflections on the Sources of Normative Order In Society, pp. 363- 392, Brill, 2009).
• Patrick McKinley Brennan, Are Catholics Unreliable from a Democratic Point of View? Thoughts on the Occasion of the Sixtieth Anniversary of Paul Blanshard’s American Freedom and Catholic Power, (Villanova Law Review, 2010).
• Patrick McKinley Brennan, Are Legislation and Rules a Problem in Law? Thoughts on the Work of Joseph Vining, (Villanova Law Review, 2010).
• Raphael Cohen-Almagor, Holocaust Denial is a Form of Hate Speech, (Amsterdam Law Forum, 2009).

From SmartCILP:

• Craig C. Briess, The Crescent and the Corporation: Analysis and Resolution of Conflicting Positions Between the Western Corporation and the Islamic Legal System, 8 Richmond Journal of Global Law & Business 453-511 (2009).
• Scott Thompson, House of Wisdom or a House of Cards? Why Teaching Islam in U.S. Foreign Detention Facilities Violates the Establishment Clause, 88 Nebraska Law Review 341-384 (2009).

Recent Books:

• Ronojoy Sen, Articles of Faith: Religion, Secularism, and the Indian Supreme Court, (Oxford Univ. Press India, Dec. 2009), reviewed in The Hindu.
• Bill Donohue, Secular Sabotage: How Liberals Are Destroying Religion and Culture in America, (Faith Words, Sept. 2009), reviewed in National Catholic Register.

Recent Prisoner Free Exercise Cases

In Vinning El v. Evans, 2010 U.S. Dist. LEXIS 13294 (SD IL, Feb. 16, 2010), plaintiff claimed his request for a vegan diet as required by his Moorish Science Temple beliefs was denied before he was transferred to his present facility. An Illinois federal district court dismissed his claims under RLUIPA because his claim for injunctive relief was now moot, and damages are not available under RLUIPA. However the court refused to dismiss his Free Exercise claim for damages because it read recent 7th Circuit precedent as requiring the state to show that it was using the least restrictive means when prison rules impose a substantial burden on religious practice.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 13278 (SD IL, Feb. 16, 2010), an Illinois federal district court allowed an inmate to move ahead with claims that since changing his religion to Judaism, certain prison officials refused to provide him with meals and clothing satisfying his religious needs, denied him access to certain religious items and to group religious worship, and imposed grooming policies that contradict his religious beliefs. It also allowed him to move ahead with a retaliation claim. A number of other claims were dismissed without prejudice.

In Sims v. Hudson, 2010 U.S. Dist. LEXIS 13392 (SD GA, Feb. 17, 2010), a Georgia federal district court, adopting a magistrate's recommendations (2010 U.S. Dist. LEXIS 13440, Jan. 4, 2010) held that a Muslim prisoner's free exercise rights were not violated by the prison's shower-restriction policy. Plaintiff did not show that showering at prescribed times presented an unacceptable delay before Juma'h, or Friday prayers, under Islamic law or teaching that required purification before prayer.

In Henderson v. Hubbard, 2010 U.S. Dist. LEXIS 14256 (ED CA, Feb. 18, 2010), a California federal magistrate judge recommended dismissal on statute of limitations grounds of a claim by a Muslim inmate that his free exercise rights and his rights under RLUIPA were infringed when he was denied conjugal visits with his wife. He claimed his Muslim religious beliefs require him to engage in sexual relations with his wife.

In Celestine v. Estes, 2010 U.S. Dist. LEXIS 14361 (WD LA, Feb. 18, 2010), a Louisiana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 14131, Jan. 20, 2010) and dismissed as frivolous claims by a Hindu prisoner that he is being denied equal time in the prison chapel, is being denied use of a room in the educational building in the evening, and is not being supplied with a Hindu vegetarian diet.

In Saunders v. Wilner, 2010 U.S. Dist. LEXIS 14127 (D CO, Feb. 18, 2010), a Colorado federal district court adopted a magistrate's recommendations (2009 U.S. Dist. LEXIS 125123, Aug. 25, 2009) and permitted plaintiff to move ahead on his claims for injunctive relief (but not damages) under the 1st Amendment and RFRA. Plaintiff practiced the Eckankar Religion, whose primary focus is on group meditation. He wanted to be able to gather with other followers and have a spiritual leader preside over such gatherings.

DC Court Refuses To Delay Effectiveness of Same-Sex Marriage Law

In Washington, D.C. on Friday, the D.C. Superior Court tentatively rejected an attempt to prevent the city's Religious Freedom and Civil Marriage Equality Amendment Act of 2009 from going into effect on March 3. The Act authorizes same-sex marriage in D.C. Metro Weekly reports that challengers sought the delay while the court is deciding on their attempt to get a referendum on the new law. The DC Board of Elections and Ethics has rejected the referendum petition because it would undercut attempts to eradicate discrimination prohibited by the D.C. Human Rights Act. That ruling is on appeal to the Superior Court. (See prior posting.)

Haitian "Orphans" Actually Had Parents Alive

AP reported yesterday that the 33 Haitian children that Baptist missionaries from the U.S. attempted to take illegally to an orphanage in the Dominican Republic after the recent earthquake (see prior posting) were not orphans. All were all turned over to the missionaries by parents because the parents were promised the children would be kept safely there. Two of the missionaries, leader Laura Silsby and her her assistant, Charisa Coulter, are still being held in jail in Haiti. Silsby after her arrest claimed that the children were either orphans or came from distant relatives. Apparently even before the January 12 earthquake, half of the 380,000 children in Haiti's orphanages have parents who are living. However they are unable to care for the children.

Summum Case Back In District Court On Establishment Clause Issue

When the U.S. Supreme Court last year decided Pleasant Grove City, Utah v. Summum (see prior posting), it held that Summum's free speech rights were not violated by the city's refusal to permit it to erect its Seven Aphorisms monument in a public park. However the court left open the question of whether the Establishment Clause precludes the city from excluding that monument when a 10 Commandments monument is already in the park. Friday's Salt Lake Tribune reports that the case is now back in the district court on that issue. The city has asked to court to dismiss the case, arguing that the 10 Commandments monument conveys a secular historical message. Summum on the other hand has asked the court to permit it to put up a display of its Seven Aphorisms while the lawsuit is pending.

Illinois Appeals Court Issues TRO To Stop Relocation of Graves In O'Hare Expansion

The Chicago Tribune and NBC Chicago report that an Illinois appellate court on Thursday issued a temporary restraining order barring the city of Chicago from relocating any more graves from the St. Johannes Cemetery. In long-running litigation, the city is attempting to obtain the cemetery land to use for expansion of O'Hare International Airport. Earlier this month, a DuPage County trial court ordered the transfer of title of the 5.3-acre cemetery from St. John's United Church of Christ to the city for $630,000. (See prior posting.) Since then, the city has relocated 24 graves to nearby cemeteries with the consent of the families of the deceased. The new TRO prevents the city from taking further action on disinterments while an appeal is pending even where it has already received permission from families. However families may still relocate graves, so long as the city is not involved. In the case, church members have so far unsuccessfully argued that removal of graves substantially burdens their religious exercise.

Head of White House Faith Based Office Outlines Its Goals

On Thursday, Joshua DuBois, Executive Director of the White House Office of Faith-based and Neighborhood Partnerships gave a speech (full text) at the Brookings Institute on the broad vision of the Office and its work over its first year. Here is an excerpt:

From storefront churches in South Carolina to huge congregations in the Midwest, everyone from religious leaders to civil libertarians had the perception that the faith-based office consisted of a big pot of money in the White House – dollars everyone knew about, but only a politically-connected few had access to..... [I]t is an often misunderstood point that there is absolutely no dedicated funding stream specifically for faith-based groups....

[A]t the end of the day, President Obama knows that the relationship between the federal government and religious organizations must not be about money alone. Many faith-based groups do not want to receive federal funds, because of the various restrictions attached to those dollars. Many others should not receive federal grants, because they're either unable or unwilling to separate those funds and use them through appropriate means.

So we must find a way to work with the vast majority of those faith-based organizations who will not receive money from the government, while insuring of course that those who wish to apply for and receive federal support do so in a way that respects both their rights and responsibilities....

[O]ur guiding vision is this: to connect with faith-based and other neighborhood organizations on specific challenges confronting our communities, and partner with those groups to strengthen their good work. Critically, this support may not always be through federal grants. We do not measure our success based on how many dollars flow to faith-based organizations. Instead, we measure our success based on the impact that our partnerships with faith-based and other neighborhood groups have on individuals, families and communities across the country.

Christian Teachers Group Denied Standing To Challenge School Consent Decree

In Minor Doe I v. School Board for Santa Rosa County, Florida, (ND FL, Feb. 19, 2010), a Florida federal district court rejected an attempt by the Christian Educators Association International to intervene to seek a modification of a consent decree under which the Santa Rosa County school board was enjoined from various activities that promoted religion in school classrooms and at school events. CEAI claimed that its members' religious speech was chilled by the consent decree. In an earlier ruling the court held that CEAI lacked standing to seek to totally vacate the decree. Now the court concludes that CEAI lacks standing to intervene to modify the decree because the fears of restrictions on their speech that CEAI members allege are not objectively reasonable.

The court found that it is objectively unreasonable for CEAI members to believe that the language of the decree requires them to refrain from all religious speech in any context at school or at informal gatherings such as retirement parties, or to believe they cannot have small personal religious items in their personal area or a drawer or cannot attend a baccalaureate service in their personal capacity. It is also unreasonable for them to believe the consent decree requires them to exclude all reference to religion from personal conversation with colleagues or parents or to censor students' creative work. The court found alternatively that CEAI lacks organizational standing since any speech rights that are chilled depend on highly individualized facts that are not common to all of CEAI's members. Finally, the court concluded that the motion to intervene was not timely.

The ACLU of Florida issued a press release announcing the decision. Liberty Counsel also issued a press release saying that it will now file a direct lawsuit against the school district to attempt to get the consent order overturned. It characterized the court's ruling as one that "has elevated this case to nuclear war." Today's Pensacola (FL) News-Journal also reports on the decision.

Appellate Court Upholds Beth Din Arbitration Award

In Matter of Brisman v. Hebrew Academy of Five Towns & Rockaway, (NY App. Div, Feb. 16, 2010), a New York appellate court upheld an arbitration award by the Beth Din of America (a Jewish religious court) which found that a tenured teacher in a Jewish religious school was wrongfully terminated. The arbitrators ordered him reinstated and awarded him his lost pay. The decision reversed the trial court (see prior posting) which had refused to confirm the award because it required the school to employ an "at will" teacher who has a clear difference in religious philosophy from the administration for an indefinite tenure. The Appellate Division said that none of the narrow statutory grounds for vacating an arbitration award had been shown.

DC Archdiocese Ends Foster Care Services Over New Same-Sex Marriage Law

CBN News reported yesterday that in Washington, DC, the Catholic Archdiocese has transferred its entire program of foster care services to the non-profit National Center for Children and Families. The Archdiocese made the move, after 80 years of furnishing services, because DC's new same-sex marriage law that will take effect shortly could require it to allow same sex couples to serve as foster parents, in violation of Church teachings. (See prior related posting).

Cert. Filed In Arizona Tuition Case, Challenging Standing

A petition for certiorari to the U.S. Supreme Court (full text) was filed yesterday in Arizona Christian School Tuition Organization v. Winn. In the case, a 3-judge panel of the 9th Circuit found taxpayer standing and ruled that, as applied, Arizona's tax credit of up to $500 to individuals who contribute funds to nonprofit "school tuition organizations" violates the Establishment Clause. (See prior posting.) The 9th Circuit then denied en banc review, but with 40 pages of opinions. (See prior posting.) The cert. petition seeking Supreme Court review focuses on the issue of standing. Alliance Defense Fund announced the filing of the cert. petition.

Virginia Christian Clergy Urge Defunding of Planned Parenthood

Dozens of Virginia's most influential Christian leaders, including Rev. Pat Robertson and Rev. Jonathan Falwell, have signed a petition to the state's governor, lieutenant governor and attorney general asking them to take steps to cut off state funds that go to Planned Parenthood. AP reported yesterday that the petition presented by the Virginia Christian Alliance complained that Planned Parenthood provides abortions. It accused the organization of "unethical, immoral and racist practices." Pastors cite a quotation from the 1939 book written by Margaret Sanger, the founder of Planned Parenthood, who supported the now-discredited theory of eugenics. Planned Parenthood says this does not represent its values today. It is unclear how much Planned Parenthood receives in state funds.

ACLU Seeks USAID Documents On Funding of Abstinence Programs Overseas

The ACLU announced yesterday that it has filed a Freedom of Information Act lawsuit seeking documents from the U.S. Agency for International Development relating to USAID's funding of some abstinence-only-until-marriage programs overseas that reflect a religious perspective. The complaint (full text) in ACLU v. U.S. Agency for International Development, (SD NY, filed 2/18/2010) follows up on a report (full text) issued last year by USAID's Inspector General. It seeks documents to properly understand whether USAID is properly monitoring grantees to assure that federal funds are not being spent on religious activities in violation of the Establishment Clause. (See prior related posting.)

Obama Meets Dalai Lama At White House

President Obama yesterday met at the White House with the Dalai Lama. A statement (full text) by Press Secretary Robert Gibbs after the meeting said:

The President stated his strong support for the preservation of Tibet's unique religious, cultural and linguistic identity and the protection of human rights for Tibetans in the People’s Republic of China. The President commended the Dalai Lama's "Middle Way" approach, his commitment to nonviolence and his pursuit of dialogue with the Chinese government.

Wednesday's Washington Post outlined the careful balancing act Obama is carrying out in setting up a meeting in a way that honors the Tibetan leader without enraging the Chinese excessively. For example, the meeting took place in the Map Room rather than the Oval Office.

Saudi Court Sentences Religious Police Official For Having Too Many Wives

Reuters reported Wednesday that a Saudi Arabian court has convicted a man in his 50's who holds an administrative position with the Saudi religious police of having six wives. The man claimed he was not educated enough to know that Islam does not allow him to be married to more than four women at the same time. The court in Ahad-al-Massarha in the southern province of Jazan said it did not believe his claims. It sentenced him to 120 lashes, banned him from preaching and leading prayers, ordered him not to travel abroad for 5 years and required him to memorize two chapters from the Qur'an.

Virginia Governor's New Equal Opportunity Order Eliminates Sexual Orientation Protection

Earlier this month, Virginia Gov. Bob McDonnell signed Executive Order No. 6 on Equal Opportunity in all facets of state government, superseding an Equal Opportunity executive order signed in 2006 by Gov. Tim Kaine. The new order eliminates reference to a ban on discrimination on the basis of sexual orientation-- a category that was included in the prior executive order. It also calls for the state to take "appropriate" measures to emphasize recruitment of minorities. Gov. Kaine's EO called for "affirmative" measures. TPM on Wednesday, in an article reviewing the situation, said that Gov. McDonnell has also signed a different memo calling for equal opportunity for all in the Governor's office in hiring, promotion, discipline and termination. It urges all other cabinet secretaries to implement a similar policy.

Court Tells Prosecutor To Remove Ash Wednesday Markings

Ash Wednesday yesterday led to an unusual ruling in a Marshall County, Iowa courtroom. Today's Marshalltown (IA) Times-Republican reports that after the lunch recess in an attempted murder trial, the prosecutor handling the case returned to court with ash on his forehead-- a traditional Catholic practice on the day on which Lent begins. The court agreed with defense counsel that the ash should be removed before the jury returned to avoid improper influence for or against the prosecution's case. Assistant County Attorney Paul Crawford complied, saying he understood the request was made out of an abundance of caution.

9th Circuit Rejects Church Members' Attempt To Prevent Marijuana Seizure

In Multi-Denominational Ministry of Cannabis and Rastafari, Inc. v. Holder, (9th Cir., Feb. 16, 2010), the U.S. 9th Circuit Court of Appeals dismissed an action by members of a religious organization seeking to enjoin further seizures by government officials of their marijuana plants. Among the various grounds for rejecting plaintiffs' First Amendment, RLUIPA and RFRA claims was a finding that the government had a compelling interest in preventing diversion of thousands of marijuana plants to non-members of the church. Courthouse News Service reported on the decision.

Utah Supreme Court Hears Arguments In Two FLDS Cases

The Utah Supreme Court yesterday heard oral arguments (recording of full arguments) in two cases relating to the ongoing efforts of the state of Utah to reform the FLDS United Effort Plan Trust. Yesterday's Salt Lake Tribune reports that the first case, FLDS v. Lindberg, involves the question of whether FLDS church members can collaterally attack reform of the trust over three years after the trial court entered its order. The second case, Snow, Christensen & Martineau, involves the trial's court's disqualification of a law firm from representing FLDS members in an action against the trust because the firm previously had a legal relationship with the trust. (See prior related posting.)

New Hampshire House Refuses To Backtrack On Same-Sex Marriage

The Concord (NH) Union Leader reports that on Monday the New Hampshire House of Representatives voted down two proposals that would have backed away from the state's recognition of same-sex marriage. By a vote of 201-135, the House defeated a proposed state constitutional amendment (CACR 28) that would have defined marriage as being only between a man and a woman. An hour later, by a vote of 210-109, the House defeated HB 1590 that would have enacted a statutory repeal of same-sex marriage in the state.

French Politicians Criticize Restaurant Chain For Serving Halal Meat

Reuters today reports that in France, various politicians are criticizing Quick, a fast-food chain, for deciding to serve only halal meat in eight of its restaurants that have a large Muslim clientele. Marine Le Pen, vice president of the far-right National Front, argued that the restaurant's customers "are forced because of halal meat to pay a tax to Islamic organizations" that certify the food. She also criticized President Nicolas Sarkozy for supporting a "forced Islamization of France" because almost all of Quick's stock is owned by an arm of the state-owned savings bank, the Caisse des Depots et Consignations.

Other politicians joined in. Rene Vandierendonck, the Socialist mayor in the town of Roubaix, threatened to sue, and Lionnel Luca, a conservative member of parliament called for a boycott to restore "freedom of choice." Agriculture Minister Bruno Le Maire added his criticism, saying: "When they remove all the pork from a restaurant open to the public, I think they fall into communalism, which is against the principles and the spirit of the French republic." However a marketing firm executive says Quick is merely responding to competition from smaller Halal restaurants.

EEOC Files One Religious Discrimination Suit; Settles Another

The EEOC announced last week that it had filed suit in a North Carolina federal district court against a Goldsboro, North Carolina construction company that refused to accommodate the religious needs of Seventh Day Adventist employees. The lawsuit against T.S. Loving Co. alleges that eventually the day laborers were fired because of their refusal to work on their Sabbath which runs from sundown Friday to sundown Saturday.

Yesterday, in another case, the EEOC announced that UPS Freight, one of the country's largest trucking companies, will pay $46,000 to a Rastafarian who was fired shortly after he was hired because he refused for religious reasons to cut his hair or shave his beard. In the settlement of the EEOC lawsuit that had been filed in a Pennsylvania federal district court, the company also agreed to an injunction prohibiting it from engaging in religious discrimination or retaliation, to anti-discrimination training and to post a notice of the settlement. (See prior related posting.)

Settlement Reached In Suit Alleging Proselytizing of Clients By Salvation Army

The New York Civil Liberties Union yesterday announced a settlement agreement relating to part of the claims in Lown v. Salvation Army. In 2005 (see prior posting), a New York federal district court permitted a taxpayer's suit to proceed challenging the alleged use of government social service funds by the Salvation Army to proselytize clients. Under the settlement, six governmental agencies in New York City, Long Island and New York state have adopted auditing procedures or standards of conduct that will be used to monitor the Salvation Army to make sure it does not force clients in need of government-funded social services to also attend religious worship or instruction. The NYCLU will receive regular reports from the agencies, and the court will maintain jurisdiction over the agreement for two years to make sure it is enforced.

County Commissioners Will Lead Prayer Instead of Ministers

Buncombe County, North Carolina county commissioners have been discussing with their county attorney the implications of a federal court decision ruling that the invocation policy in another North Carolina county violates the Establishment Clause. Last month, a federal district court held that Forsyth County's policy as implemented advances one particular faith. (See prior posting.) Now, according to yesterday's Asheville Citizen-Times, Buncombe County will stop inviting ministers to deliver an invocation, and instead the county commissioners themselves will offer the opening prayer at each commission meeting.

Court Orders Exhumation So Deceased's Cremation Wishes Can Be Carried Out

In Hiller v. Washington Cemetery, (NJ App., Feb. 16, 2010), a New Jersey appellate court agreed that the body of decedent Irving Gottesman should be disinterred so that it can be cremated and his ashes scattered in accordance with his clearly expressed wishes. Irving Gottesman had been born into an Orthodox Jewish family, but did not remain observant after his early years. However his brother Bert did. When Irving died, Bert, within hours, had Irving's body buried in a Jewish cemetery. This prevented the woman with whom Irving was romantically involved from being able to make arrangements for cremation, even though Irving's will called for her to be the one to make funeral arrangements. Both the trial and appellate courts saw no reason that Irving's wishes should not be carried out. [Thanks to Steven H. Sholk for the lead.]

USCIRF Accused of Anti-Muslim Bias

A Washington Post report yesterday says that the U.S. Commission on International Religious Freedom is itself being accused of religious bias. The article by reporter Michelle Boorstein reports that USCIRF staff, former staff and some former commissioners charge that the agency "is rife, behind-the-scenes, with ideology and tribalism, with commissioners focusing on pet projects that are often based on their own religious background. In particular, they say an anti-Muslim bias runs through the commission's work..." Last fall, a former agency policy analyst, Safiya Ghori-Ahmad, filed an EEOC complaint against USCIRF. She says her contract was cancelled because of her Muslim faith and her affiliation with the Muslim Public Affairs Council.

Some critics also charge that USCIRF devotes a disproportionate amount of its time to issues of persecution of Christians, and not enough on persecution of other religious groups. Current commissioners, including one who is an imam, deny this, saying they have taken action on behalf of the Uighurs in China and the Ahmadis in Pakistan. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

White House Statement Marking Ash Wednesday

The White House today issued the following statement marking Ash Wednesday:

Michelle and I join Christians here in America and around the world in observing Ash Wednesday. We mark this solemn day of repentance and promise, knowing that Lent is a time for millions to renew faith and also deepen a commitment to loving and serving one another.

Virginia Legislature Approves Pro-Choice License Plates, But With Disagreement On Use of Fees

In Virginia, both the House of Delegates and the state Senate have passed bills authorizing a license plate with the message: "Trust Women/ Respect Choice." The House version (HB 1108), passed yesterday by a vote of 77-22, however eliminated a provision that would have directed a portion of the fees from the plates to Planned Parenthood. Instead the House bill sends the fees to the Virginia Pregnant Women Support Fund administered by the state Board of Health to support women with unplanned pregnancies. (Hampton Roads Pilot, 2/16). The Senate version, (SB 704), passed yesterday by a vote of 26-8, retains the original language directing fees to Planned Parenthood. The Washington Post reports that an attempt to amend the bill to conform it to the House version was defeated. [Thanks to Scott Mange for the lead.]

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.