Summum's Establishment Clause Claim Is Rejected

Last year, the U.S. Supreme Court rejected a freedom of expression claim brought by Summum that was refused permission to put up a Seven Aphorism's monument in a park in Pleasant Grove City, Utah. The park already contained a number of other monuments, including the Ten Commandments. (See prior posting.) Subsequently a Utah federal district court permitted Summum to amend its complaint to add an Establishment Clause claim. Now in Summum v. Pleasant Grove City, (D UT, June 3, 2010), the district court dismissed the Establishment Clause challenge finding no constitutional violation. It concluded that the Ten Commandments monument had been displayed for historical, not religious reasons. Also, the city has not shown a preference for one religion over another since, at the time it rejected the proposed Seven Aphorisms monument, government officials had no information about Summum's religious beliefs, practices or teachings. Having rejected the federal Establishment Clause challenge, the court declined to exercise supplemental jurisdiction over a similar state Constitutional claim. Yesterday's Salt Lake Tribune reported on the decision.

Challenge To Agreement For Church Tent City Dismissed As Untimely

In Mercer Island Citizens for Fair Process v. Tent City 4, (WA App., June 1, 2010), a Washington state appellate court dismissed as untimely challenges to a decision by the Mercer Island City Council to to enter a Temporary Use Agreement permitting the Mercer Island United Methodist Church to host a temporary encampment for the homeless in 2008. The court held that the Temporary Use Agreement was a land use decision. Under the state's Land Use Petition Act, any challenge to City Council's decision had to be appealed to the courts within 21 days after it was issued. That time limit also applies to due process challenges to the land use decision. (See prior related posting.)

Russian Taxi Company Caters To Orthodox Christians

In Russia, some are criticizing a new taxi cab company in Moscow that caters to Orthodox Christian believers. Today's Moscow Times reports that Moskovskaya Troika which began on Palm Sunday now operates 50 privately owned taxis driven by devout Russian Orthodox believers. The taxis carry pre-recorded services from the Orthodox Radonezh radio station and literature from the Russian Orthodox Church. The company distributes leaflets inside churches, and much of its business is from riders going to church. Even though Russia's Labor Code bars religious discrimination in hiring, the company requires drivers to be baptized Orthodox.

House Hearing Explores Impact of Money Laundering Rules On Legitimate Charities

On May 26, the U.S. House Financial Services Committee's Subcommittee on Oversight and Investigations held a hearing on "Anti-Money Laundering: Blocking Terrorist Financing and Its Impact on Lawful Charities." (Links to prepared testimony and webcast of hearing.) Daniel L. Glaser, Deputy Assistant Treasury Secretary testified in part:

Terrorist organizations have abused and exploited charities of all backgrounds. And there is no doubt that terrorist organizations such as al Qaida, Hamas, and Hizbollah have abused and exploited Muslim charities. Though Treasury actions with respect Muslim charities have been relatively infrequent and none have occurred for almost three years, we understand that the important steps that we have taken to target charities that do support terrorist organizations, combined with other successful counter-terrorism efforts across our government, have had the unfortunate and unintended consequence of causing a chilling effect on well-intentioned donor activity within Muslim American communities.

Other witnesses were Kay Guinane, Program Manager, Charity and Security Network; Michael German, Policy Counsel, American Civil Liberties Union; and Matthew Levitt, Director, Stein Program on Counterterrorism and Intelligence, The Washington Institute for Near East Policy.

Supreme Court: Miranda Rights Waived In Answers About Religious Belief and Prayer

Earlier this week in Berghuis v. Thompkins, (Sup. Ct., June 1, 2010), the U.S. Supreme Court in a 5-4 decision made it easier for police to obtain a waiver of Miranda rights by suspects being questioned. The majority opinion, written by Justice Kennedy, held that police can continue questioning a suspect until he clearly invokes his right to remain silent. Furthermore, when questioning continues after a Miranda warning has been given and understood, the accused's later uncoerced statement implies a waiver of his right to remain silent. The uncoerced statement in this case was a response by the accused to questions about his belief in God. Here is Justice Kennedy's account:

About 2 hours and 45 minutes into the interrogation, [Police Detective] Helgert asked Thompkins, "Do you believe in God?" .... Thompkins made eye contact with Helgert and said "Yes," as his eyes "well[ed] up with tears." ... "Do you pray to God?" Thompkins said "Yes." ... Helgert asked, "Do you pray to God to forgive you for shooting that boy down?" ... Thompkins answered "Yes" and looked away.... Thompkins refused to make a written confession, and the interrogation ended about 15 minutes later.

Yesterday's Detroit Free Press reported on the Court's decision.

Catholic Military Archbishop Issues Statement Opposing Repeal of "Don't Ask/ Don't Tell"

Congress moves closer to enacting a repeal of the military's "Don't Ask/ Don't Tell" policy that precludes service by openly gay and lesbian recruits. (Fox News, 5/28). Catholic Online today reprints a statement from Catholic Archbishop Timothy Broglio, Archbishop for the Military Services in the United States of America, opposing repeal of the current policy. He says in part:

Catholic chaplains must show compassion for persons with a homosexual orientation, but can never condone-even silently-homosexual behavior. A change might have a negative effect on the role of the chaplain not only in the pulpit, but also in the classroom, in the barracks, and in the office.

A more fundamental question, however, should be raised. What exactly is the meaning of a change? No one can deny that persons with a homosexual orientation are already in the military. Does the proposed change authorize these individuals to engage in activities considered immoral not only by the Catholic Church, but also by many other religious groups? Will there be changes in the living conditions, especially in the AOR?

There is no doubt that morality and the corresponding good moral decisions have an effect on unit cohesion and the overall morale of the troops and effectiveness of the mission. This Archdiocese exists to serve those who serve and it assists them by advocating moral behavior. The military must find ways to promote that behavior and develop strong prohibitions against any immoral activity that would jeopardize morale, good morals, unit cohesion and every other factor that weakens the mission. So also must a firm effort be made to avoid any injustices that may inadvertently develop because individuals or groups are put in living situations that are an affront to good common sense.

Presidential Proclamation Declares LGBT Pride Month; Conservative Christians Object

Last week, President Barack Obama issued a Proclamation (full text) declaring June 2010 as Lesbian, Gay, Bisexual, and Transgender Pride Month. According to Baptist Press yesterday, critics, such as Southern Baptist spokesman Bob Stith, charge that the Proclamation marginalizes the beliefs of conservative Christians. Stith also says: " Some of the most joyful, Christ-like Christians I know are those who've walked out of homosexuality." The Presidential Proclamation celebrates the expansion of federal hate crimes laws and proposals to bar sexual orientation and gender identity discrimination in core housing programs. It calls for additional reforms:

Much work remains to fulfill our Nation's promise of equal justice under law for LGBT Americans. That is why we must give committed gay couples the same rights and responsibilities afforded to any married couple, and repeal the Defense of Marriage Act. We must protect the rights of LGBT families by securing their adoption rights, ending employment discrimination against LGBT Americans, and ensuring Federal employees receive equal benefits. We must create safer schools so all our children may learn in a supportive environment. I am also committed to ending "Don't Ask, Don't Tell" so patriotic LGBT Americans can serve openly in our military, and I am working with the Congress and our military leadership to accomplish that goal.

Afghanistan Suspends Operations of Two NGO's on Proselytizing Charges

In Afghanistan, the government has ordered two NGO's-- Norwegian Church Aid and Church World Service-- to temporarily suspend their activities while charges that they proselytized Muslims are investigated by the National Security and Interior Ministries. IRIN and BosNewsLife today report that the charges grow out of videos aired by the privately owned Noorin TV allegedly showing several Afghan men converting to Christianity. Several hundred students at Kabul University yesterday demonstrated against the NGO's. The NGO's have denied the charges, and ACBAR, a consortium of NGO's, has filed a complaint with the Ministry of Economy (MOE) accusing Noorin TV of spreading negative propaganda about NGO's. Sediq Amarkhil, an MOE spokesman, says the TV channel has created the controversy for political gain, but that the NGO's licenses will be revoked, and possibly their officials will be punished, if the charges are found to be accurate. MOE has also set up a Commission with representatives from several Ministries to decide what to do as to the TV station if its charges turn out to be false.

Preliminary Injunction Sought In Challenge To Santa Rosa County Consent Decree

This past week end, Liberty Counsel filed a motion for a preliminary injunction (full text) in Allen v. School Board for Santa Rosa County, Florida, (ND FL, filed 5/30/2010). The lawsuit, filed last month, seeks to enjoin the Santa Rosa school board and superintendent from enforcing a consent decree they entered last year barring various religious practices in the schools. (See prior posting.) In the lawsuit, parents, teachers and students claim that the consent decree violates their First Amendment rights, and that it is now unenforceable because the original plaintiffs have graduated high school. According to yesterday's Northwest Florida Daily News, the motion for a preliminary injunction was filed now because the end of the school year and baccalaureate is approaching. One of the provisions of the consent decree bars the schools from sponsoring religious baccalaureate services. (See prior posting.) The motion seeks to enjoin enforcement of the consent decree pending a ruling on the request for a permanent injunction.

Another Lawsuit In Battle Between Neighboring Hasidic Synagogues

The long-running battle between two Hasidic synagogues in the town of Kiryas Joel, New York, has generated yet another lawsuit. Opponents of the village's chief rabbi had for 25 years been using the former living quarters of the chief rabbi (next to the main synagogue) as their own place of worship, operating under the name Bais Yoel Ohel Feige. However the main synagogue, Congregation Yetev Lev D'Satmar, convinced a state court last fall that the the dissidents' use of the former home as a place of worship requires a site plan review by the Village Zoning Board. (See prior posting.) The group finally stopped using the house in December after a state court judge threatened to jail their leaders for contempt. The group applied to the Zoning Board in February for approval to move back into the building. Yesterday's Hudson Valley Times Herald-Record reports that when the Village Zoning Board finally convened in April to consider the application, the Zoning Board members said nothing. Only lawyers and the village administrator spoke during the 90 minute meeting.

Now Bais Yoel Ohel Feige has filed a lawsuit claiming that the Zoning Board is improperly constituted. Zoning Board members also serve on the village Planning Board in violation of a federal court order barring village residents from serving on more than one village board at the same time. The lawsuit claims that since the village lacks a duly constituted Zoning Board, the court should hear the application to reopen the synagogue. Bais Yoel Ohel Feige argues further that use of the house as a synagogue is part of a broader 1975 approval of the site's use by the Town of Monroe.

Ahmadi Spokesman Says Pakistan Must Repeal Its Blasphemy Laws; USCIRF Agrees

Yesterday's Washington Post carries an op-ed by Nasim Rehmatullah, National Vice President of the Ahmadiyya Muslim Community, USA, decrying the terror campaign in Pakistan against Ahmadis. Last week an extremist attack against two Ahmadi mosques killed at least 80 people. (Washington Post.) Ahmadis consider themselves Muslim, but Pakistan's Constitution classifies them as non-Muslim, while a Pakistani law enacted in 1984 prohibits Ahmadis from building mosques or publicly declaring their faith. Rehmatullah writes: "the battle against Pakistan's extremists cannot be won unless all levels of government in Pakistan scrutinize and reform the laws and policies that give ammunition to these extremists. It is simply not enough to apprehend and uproot extreme groups ... without first addressing the root problem. America must push Pakistan's Parliament to repeal the anti-blasphemy laws in order to dismantle the extremist apparatus that endangers the world." (See prior related posting.)

Last Friday, the U.S. Commission on International Religious Freedom issued a release condemning the attacks against the Ahmadi mosques in Pakistan and calling for repeal of Pakistan's blasphemy laws. USCIRF said it

has documented systematic, ongoing, and egregious violations of freedom of religion in Pakistan for several years. Sectarian and religiously-motivated violence is chronic, and the government has failed to protect members of religious minorities from such violence and to bring perpetrators to justice. Religiously discriminatory legislation, such as anti-Ahmadi laws and the blasphemy law, foster an atmosphere of intolerance in the country and embolden extremists.

Court Issues TRO So Boy Can Wear Rosary To School

As it had previously threatened to do (see prior posting), yesterday the American Center for Law & Justice filed suit in a New York federal district court on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The complaint (full text) in R.H. v. Schenectady City School District, (ND NY, filed 6/1/2010), contended that the student's suspension violated his free speech and expression and free exercise rights. It also claims that the school's dress code is impermissibly vague. A few hours after the lawsuit was filed, the court issued a temporary restraining order (full text of TRO) barring school officials from preventing plaintiff from attending school while wearing a rosary outside his shirt. (ACLJ Press Release.) The ACLJ memorandum in support of the application for a TRO is also available online. Yesterday's Christian Post also reports on the TRO.

UPDATE: On June 9, the court issued an order (full text) consented to by both parties extending the TRO until September 10 while the parties work to resolve the matter over the summer. A hearing on plaintiff's motion for a temporary injunction was set for June 11.

Massachusetts Towns Taxing Closed Catholic Churches

Yesterday's Boston Globe reported that nine cities and towns around Massachusetts have forced the Roman Catholic Archdiocese of Boston to pay property taxes on closed churches, schools, convents, and parish halls. Tax assessors say that church property is exempt only if it is being actively used by the owner for religious purposes. These moves come as both cities and the Archdiocese face tight financial times. Churches in Scituate and Framingham being taxed have been occupied for years by former parishioners who object to their closing. Cities say that when the vigils are not approved by the Church, the building has lost its tax exemption. Estimating the value of church property can also be a difficult task. (See prior related posting.)

Australian State's Proposed New Curriculum Includes Creationism In History Course

In the Australian state of Queensland, a draft national curriculum scheduled to be introduced next year includes teaching about the controversy over creationism as part of the ancient history course. The Port Melbourne Herald Sun reported Sunday reports that the curriculum asks students to develop their historical skills in an "investigation of a controversial issue" such as "human origins (eg, Darwin's theory of evolution and its critics)." The draft curriculum is still open for comment by teachers. Kay Bishop, head of the Queensland History Teachers Association, said the curriculum opens opens opportunities for debate and critical thinking, and is not designed to press a particular view. [Thanks to Scott Mange for the lead.]

Pope Details Apostolic Visitation For Ireland To Focus On Sexual Abuse

Zenit reported yesterday on a Vatican Statement (full text) setting out the details of an Apostolic Visitation of certain dioceses, seminaries and religious congregations in Ireland this Fall. The Visitation is a further Vatican response (see prior posting) to a massive report issued by an Irish Commission last year on child abuse at Catholic institutions in Ireland from 1936 to the present. (See prior posting.) According to yesterday's Statement, the Visitor to each diocese or institution, who include the Archbishops of New York, Boston and Toronto:

will set out to explore more deeply questions concerning the handling of cases of abuse and the assistance owed to the victims; they will monitor the effectiveness of and seek possible improvements to the current procedures for preventing abuse, taking as their points of reference the Pontifical Motu Proprio "Sacramentorum Sanctitatis Tutela" and the norms contained in Safeguarding Children: Standards and Guidance Document for the Catholic Church in Ireland, commissioned and produced by the National Board for Safeguarding Children in the Catholic Church.

AP yesterday reported that U.S. victims' groups said the Church should have looked outside its own hierarchy in dealing with the issue. It also reported that the Pope has accepted the resignation of Irish-born archbishop Richard Burke who, as a priest in Nigeria, according to accusations, had a 20-year relationship with a woman that began when she was 14. Burke, who was previously suspended, claims he had sex with the woman only after she turned 18.

Court Enjoins Holding of Public School Commencement At Christian Chuch

In Does 1, 2, 3, 4, and 5 v. Enfield Public Schools, (D CT, May 31, 2010), a Connecticut federal district court issued a preliminary injunction barring Enfield Public Schools from holding 2010 graduation ceremonies for two high schools at First Cathedral, a Christian church in Bloomfield, CT. The court concluded that holding the ceremonies there would likely violate the Establishment Clause. It found that a reasonable observer attending graduation at First Cathedral, viewing the large cross on top of the building, a large cross on stage and other religious symbols in the building, would conclude that the Enfield Public Schools endorse the Christian religion. It is unlikely that the school board would be successful in covering or hiding all religious symbols in the building, and the school board's determining which symbols are religious and need covering creates excessive entanglement of government with religion. The perception of endorsement is furthered by the history of pressure exerted by the Family Institute of Connecticut in favor of the First Cathedral location. ACLU of Connecticut issued a press release reporting on the decision. (See prior related posting.) The Hartford Courant yesterday reported that the Enfield Public Schools will seek an expedited appeal of the decision to the 2nd Circuit. Graduation ceremonies are scheduled for June 23 and 24.

UPDATE: On June 2, Judge Janet C. Hall refused a request to stay the preliminary injunction. The school board plans to file an appeal after a formal vote at a meeting on June 3. (Hartford Courant.)

UPDATE 2: At the June 3 meeting, the Board voted 5-4 not to appeal the decision and to hold graduation ceremonies for the district's two high schools on school property-- either in the gymnasium or on athletic fields. However, even though the Board is not appealing the preliminary injunction, apparently the case will proceed in district court after this year's graduations are held. The school board's attorney said that the uncertainty and the cost to prepare alternative sites led to the decision not to appeal the order for ceremonies later this month. (ABP, June 4.)

Group Seeks To Place Christian Conservatives On California Lower Courts

Yesterday's Los Angeles Times reported on an unusual campaign to unseat four San Diego (CA) trial court judges in the June 8 primary. A group calling itself "Better Courts Now" is endorsing four Christian conservative candidates for Superior Court judgeships, saying it is attempting to unify the "moral vote" and make judges accountable. The movement was the brainchild of now-deceased Zion Christian Fellowship pastor Don Hammer who campaigned for California's Proposition 8, the ban on same-sex marriage. The socially conservative Better Courts Now is backed by pastors, gun rights advocates and opponents of same-sex marriage. One of the endorsed candidates, Craig Candelore, says: "We believe our country is under assault and needs Christian values. Unfortunately, God has called upon us to do this only with the judiciary." However,San Diego County District Attorney Bonnie Dumanis says that Better Courts Now threatens to undermine the independence of the judiciary.

UPDATE: None of the 4 Christian conservative candidates was successful in unseating the incumbent judges they were challenging. The challengers obtained only 35% to 40% of the vote in each race. (USA Today, June 9, 2010).

Presidential Proclamation and Address Mark Memorial Day

As the country marks Memorial Day, the Presidential Proclamation (full text) proclaiming this year's observance reminds Americans of both the legal and religious foundations for the day:

This Memorial Day, we express our deepest appreciation to the men and women in uniform who gave their last full measure of devotion so we might live in freedom. We cherish their memory and pray for the peace for which they laid down their lives. We mourn with the families and friends of those we have lost, and hope they find comfort in knowing their loved ones died with honor. We ask for God's grace to protect those fighting in distant lands, and we renew our promise to support our troops, their families, and our veterans. Their unwavering devotion inspires us all -- they are the best of America.

.... In honor of their dedication and service to America, the Congress, by a Joint Resolution, approved May 11, 1950, as amended (36 U.S.C. 116), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated 3:00 p.m. local time on that day as a time for all Americans to observe, in their own way, the National Moment of Remembrance.

The President's Weekly Address (full text) also focused on Memorial Day.

Egypt's Supreme Administrative Court Overrules Coptic Church On Remarriage Rights

Reuters and Al-Masry Al-Youm both report on a decision handed down by Egypt's Supreme Administrative Court on Saturday which undermines the Coptic Church's control over marriages of Christians. In an appeal by Coptic leader Pope Shenouda from a lower court decision, the Supreme Administrative Court ordered the Coptic Church to permit men in two separate cases to remarry after their divorces even though the remarriage was not permitted under Coptic Christian religious law. Coptic doctrine allows men to remarry only in cases of adultery or a marriage that was based on deceit. The Court said that family formation is a constitutional right and takes precedence over religious rights of the church.

Maldivian Shocks Audience By Annnouncing He Is Not Muslim; Some Call For Death Sentence

The Maldives Constitution, Sec. 9, limits citizenship to Muslims. Minivan News reported yesterday that 37-year old Mohamed Nazim shocked an audience during a question and answer period at a lecture Friday on "Misconceptions About Islam" delivered by a visiting Indian scholar. At the lecture, Nazim engaged in a long exchange (transcript) with speaker, Dr. Zakir Naik, in which Nazim announced that while he is "struggling to believe in religion," he considers himself a Maldivian, not a Muslim. This is apparently the first time ever that a Maldivian has publicly announced he is not a Muslim. After Nazim pressed the speaker on the penalty for apostasy, members of the audience tried to attack Nazim. Police escorted him out for his own protection and took him into custody.

Yesterday, the Islamic Foundation of the Maldives called for judges to give Nazim an opportunity to repent, and if he does not, then sentence him to death under Islamic and Maldivian law. According to Haveeru yesterday, Maldives Ministry of Islamic Affairs has asked police to investigate Nazim. The Criminal Court granted a warrant to extend Nazim's custody for five days. Meanwhile, the Ministry of Islamic Affairs is arranging to offer Nazim counseling to deal with his doubts about Islam. [Thanks to Scott Mange for the lead.]

Recent Articles of Interest

From SSRN:

• Michael J. Perry, Michael J., From Religious Freedom to Moral Freedom, (Religion and Human Rights, John Witte Jr. & M. Christian Green, eds., Oxford University Press, Forthcoming).
• Neil W. Netanel & David Nimmer, Is Copyright Property? The Debate in Jewish Law, (Theoretical Inquiries in Law, Vol. 12, No. 1, 2011).
• Michael J. Perry, Secular Worldviews, Religious Worldviews, and the Morality of Human Rights, (The Routledge Companion To Theism, Charles Taliaferro, Steven Goetz & Victoria S. Harrison, eds., Routledge, Forthcoming).
• Linda C. McClain, Marriage Pluralism in the United States: On Civil and Religious Jurisdiction and the Demands of Equal Citizenship, (Marriage and Divorce in a Multi-Cultural Context: Reconsidering the Boundaries of Civil Law and Religion, Joel Nichols, ed., Cambridge University Press, Forthcoming).
• Mirjam Künkler, The Special Courts of the Clergy (Dadgah-E Vizheh-Ye Ruhaniyyat) and the Repression of Dissident Clergy in Iran, (May 13, 2009).
• Claudia E. Haupt, Mixed Public-Private Speech and the Establishment Clause, (Tulane Law Review, Forthcoming).
• Joseph E. David, Legal Comparability and Cultural Identity: The Case of Legal Reasoning in Jewish and Islamic Traditions, (May 23, 2010).
• Dr. S. Magnet & Heather Ann Hillsburg, Protecting Children’s 'Best Interests': Mature Minors, Faith and Canadian Jurisprudence, (April 13, 2010).

From SmartCILP:

• Symposium: Scriptural Interpretation and Constitutional Interpretation. Introduction by Christopher C. Lund; articles by Samuel J. Levine, Ronald R. Garet, Patrick McKinley Brennan, Asifa Quraishi, Francis J. Mootz III, and related article by Frank S. Ravitch. 2009 Michigan State Law Review 273-385.

Rahm Emanuel's Son Has Bar Mitzvah In Israel Amidst Lawsuits

In Israel, court battles surrounded the Bar Mitzvah ceremony of Zach Emanuel, son of White House Chief of Staff Rahm Emanuel, along with the Bar Mitzvah of Zach's cousin Noah. As previously reported, right-wing activists who oppose President Obama's treatment of Israel threatened to protest the Bar Mitzvah if it was held at the Western Wall. Today's Jerusalem Post reports that police obtained a restraining order against Itamar Ben-Gvir, Baruch Marzel and Noam Federman. They were ordered not to come within 1,000 meters of Emanuel. The Bar Mitzvah ceremony itself was held Sunday morning at the Davidson Center at Jerusalem Archaeological Park, an excavation area near the Western Wall. At that site, the Emanuel's could have the ceremony without adhering to strict Orthodox customs. Women could take part and the Torah could be read on days other than the traditional days for public readings. In Northern Virginia, the Emanuel's belong to a Conservative synagogue. (Haaretz).

Meanwhile, according to JTA, activist Ben-Gvir filed a petition in the Jerusalem District Court for Administrative Affairs seeking to block the ceremony on the ground that the Davidson Center is not licensed to host catered events. However, the Jerusalem municipality said that no license is needed because only prayers will take place there. No reception with catering or music would be held at that site. (Jerusalem Post.) After the ceremony, the busload of guests went to Jerusalem's Alyn Hospital for physically disabled children to meet patients and bring them gifts. The Bar Mitzvah boys planted two olive trees on the hospital grounds, while other guests played ball with hospital residents. JWeekly reports that last Thursday Emanuel and his son met with Israeli President Shimon Peres and was given a kiddush cup and a book of psalms with a personal inscription as a Bar Mitzvah present.

Bangladesh Follows Pakistan In Temporary Ban On Facebook

BBC News reports today that Bangladesh has become the second country to block its residents' access to Facebook because of Facebook pages that carry drawings of the prophet Muhammad. Pakistan blocked access, at least temporarily, last week. (See prior posting.) A spokesman for the Bangladesh Telecommunications Regulatory Commission says the postings "hurt the religious sentiments" of Muslims. Facebook pages also carried offensive drawings of various Bangladeshi national leaders. Access will be reopened once the offensive pages are removed. Meanwhile in Pakistan, according to The News today, a suit was filed in the Lahore High Court seeking a total ban on access to Facebook and an order that no blasphemous material be displayed or broadcast in Pakistan.

Saudi Ministry Discourages Burials In Mecca and Medina

Zawya reported yesterday that Saudi Arabia's interior ministry has recently issued a circular discouraging Muslims from shipping bodies to the holy cities of Mecca or Medina for burial. The ministry said that Islamic law instead requires burial without delay where a person dies. Grand Mufti Sheikh Abdul Aziz al-Sheikh, the country's highest religious authority, said: "It will not reduce the sins of the dead to be buried in Mecca or Medina. Only their good deeds will accompany them to their graves."

Recent Prisoner Free Exercise Cases

In Nelson v. Hubbard, 2010 U.S. Dist. LEXIS 50549 (ED CA, April 27, 2010), a California federal magistrate judge dismissed with leave to amend an inmate's claim that he was restricted from practicing his religion, Asatru.

In Russell v. City of Philadelphia, 2010 U.S. Dist. LEXIS 50456 (ED PA, May 19, 2010), a Pennsylvania federal district court rejected an inmate's complaint that while he was in administrative segregation for one month, he was unable to participate in communion, listen to religious programs on a transistor radio or possess a Bible. Plaintiff failed to allege these temporary restrictions infringed his sincerely held religious beliefs.

In Niemczynski v. Arpaio, 2010 U.S. Dist. LEXIS 51318 (D AZ, May 24, 2010), an Arizona federal district court dismissed for failure to exhaust administrative remedies an inmate's claim that his rights were violated when a sheriff ordered Christmas music played in a jail continuously for over 10 hours per day from mid-December 2008 to early January 2009. (See prior related posting.)

In Spurlock v. Gusman, 2010 U.S. Dist. LEXIS 51485 (ED LA, May 21, 2010), a Louisiana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 51518, May 5, 2010), and dismissed a complaint by a Baptist prisoner that prisons operated by the state had a wider array of religious activities than did his Parish prison.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 51471 (SD IL, March 31, 2010), a federal magistrate judge denied a preliminary injunction in a suit brought by a Satmar Hasidic Jewish prisoner who claimed his rights under RLUIPA were being infringed when he was preventing from observing various religious practices. The magistrate judge found that plaintiff failed to show he has suffered irreparable harm. On review, a federal district judge (2010 U.S. Dist. LEXIS 47715, May 14, 2010) questioned the finding of no irreparable harm and ordered defendants to respond before deciding the issue.

In Johnson v. McCann, 2010 U.S. Dist. LEXIS 51998 (ND IL, May 21, 2010), an Illinois federal district court dismissed a now-paroled Rastafarian prisoner's claims that his 1st Amendment, RLUIPA and equal protection rights were infringed when correctional officials forced him to cut off his dreadlocks.

Quebec Seeks To Close Jewish School For Slighting Secular Curriculum

Yesterday's Montreal Gazette reports on a lawsuit filed last month by the Canadian province of Quebec against a 50-year old Orthodox Jewish school in Montreal seeking to close it down. In the suit filed in Quebec Superior Court, the province's Education Department alleges that Academie Yeshiva Toras Moshe does not spend sufficient time on non-religious subjects to meet the province's requirements. AOL News reports that Quebec has been pressuring the school since 2006 to come into compliance with provincial requirement, but the school has refused to do so. The all-boy's school in the upscale Outremont neighborhood, now home to many Hasidic Jews, does not hold a state permit. This violates Quebec's education law.

Court Dismisses Action Against Diocese For Negligent Hiring and Supervision of Priest

In Redwing v. Catholic Bishop for Diocese of Memphis, (TN App., May 27, 2010), the Tennessee Court of Appeals, in a 2-1 decision, dismissed a damage action against the Catholic Diocese of Memphis alleging that it was liable in damages for negligent hiring, retention and supervision of a priest who allegedly sexually abused plaintiff as a child over 30 years ago. The majority held that the negligent hiring and retention claims must be dismissed under the ecclesiastical abstention doctrine, since adjudicating issues of hiring and retaining clergy would entangle the court in matters of religious doctrine and polity. The majority held that while the negligent supervision claim could be decided using neutral tort principles, the statute of limitations that requires suit to be filed within one year after the victim reached age 18 cannot be tolled for some 30 years as plaintiff urges. Judge Kirby dissented however on the statute of limitations issue, arguing that plaintiff, after conducting discovery, might be able to show that at the time he reached majority, he did not have inquiry notice of facts to support a claim of negligent supervision against the Diocese.

President Hosts White House Reception For Jewish American Heritage Month

On Thursday, President Barack Obama, Vice President Joe Biden and First Lady Michelle Obama hosted the first ever White House reception to mark Jewish American Heritage Month. (Video.) In his remarks (full text) the President said in part:

As a product of history and faith, Jewish Americans have helped to open our eyes to injustice, to people in need, and to the simple idea that we ought to recognize ourselves in the struggles of our fellow men and women. That's what’s led Jewish advocates to fight for women's equality and workers' rights. That's what led rabbis to preach against racism from the bimah -– and to lead congregants on marches and protests to stop segregation. And that is what helped lead America to recognize and support Israel as a Jewish homeland and a beacon for democratic values -– beginning mere minutes after its independence was declared.....

Ahead of the reception, the White House released a statement indicating the members of Congress and other notables who would attend the reception, as well as the items on loan from the Library of Congress and the National Archives of significance to Jewish American history which will be on display for the reception.

Russian Duma Adopts New Christian National Holiday; Other Groups Want Similar Treatment

According to Eurasia Review, on Wednesday the Russian Duma gave final approval to a law that recognizes the Day of the Baptism of Rus (July 28) as a public holiday. The new law amends Art. 1.1 of the law "On Days of Glory and Anniversaries of Russia" and adds the new holiday to eight others. (Russian News Line, 3/19). The new holiday commemorates the actions of Vladimir the Great who, in the 980's converted to Christianity and proceeded to baptise the people in Kiev and then other cities. (Background from Wikipedia.) Now that the new national holiday has been adopted, leaders of the Muslim and Buddhist communities say that the Duma should also adopt national holidays to recognize their faiths.

New Zealand Effectively Bans Kosher Slaughtering

Yesterday New Zealand's ministry of Agriculture and Forestry announced adoption of the Animal Welfare (Commercial Slaughter) Code of Welfare 2010. J-Wire reports that the new Code effectively bans kosher slaughtering in New Zealand by requiring that all animals slaughtered commercially be stunned prior to killing. Kosher beef will still be able to be imported from other countries. However, New Zealand has a ban on the importation of unprocessed chicken because of concern over certain diseases.

Rabbi Jeremy Lawrence of Sydney's the Great Synagogue said that there were alternatives short of an outright ban on kosher slaughtering that the government could have adopted. He called the new rules a "deliberate decision" to override the religious freedom of the Jewish community. He added:"This is a case of misplaced values, bad science and bad legislation." Rabbi Moshe Gutnick, acting President of the Organisation of Rabbis of Australasia, said that they will do everything possible to get the decision reversed. While there is no direct appeal from the adoption of the new rules which go into effect 24 hours after publication, they could be challenged in court as infringing the country's Bill of Rights Act. The only other countries that ban kosher slaughtering are Iceland, Norway and Sweden. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

German Court Says High School Can Bar Islamic Prayer

In Germany, an appellate court yesterday held that a high school can bar a 16-year old Muslim student from performing namaz, Islamic prayer rituals, at school during his break time. Last year, the Berlin administrative court ruled that Diesterweg High School in Berlin-Wedding must allow a Muslim student known in the litigation as Yunus M. to pray 10 minutes each day in a separate classroom. (See prior posting.) An appellate court in Berlin overturned that ruling. According to Sify News, the school involved enrolls students from 29 different countries. They often argue about religious practices such as wearing of head scarves and fasting. The appellate court said that while a serious potential for conflict justified assigning the Muslim student a separate room for his prayers, the school does not have the capacity to offer the same privacy to all students who might want it. The court concluded that burdening the Muslim student's religious freedom is justified in order to protect the rights of other students and parents to freedom of belief and a calm educational environment.

Catholic School Teacher Fired For Facebook Posting Gets Unemployment Comp

An Iowa administrative law judge has held that a fired Catholic school teacher is entitled to unemployment compensation benefits because the school failed to prove misconduct. Today's Des Moines Register reports that St. Edmonds Catholic School in Fort Dodge (IA) fired 8th-grade math teacher Abby Nurre because of the views she expressed online. Last August she response to a poll on Facebook in which she said she did not believe in God, miracles or heaven. Later she joined a discussion forum, Atheist Nexus, in order to post a link to a New York Times article that indicated the government had spent $2.3 million on prayer research.

The school's board of directors agreed with the principal that Nurre should be fired for violating a school policy against advocating "principles contrary to the dogmatic and moral teaching of the church." At the unemployment hearing, a school official testified: "When students in a Catholic school are running around the school with this survey and it says, 'Do you believe in God?' and it says, 'No,' well, that's in conflict with what we are teaching." The administrative law judge ruled, however, that the postings "did not involve publicly advocating principles contrary to the teachings of the church and did not involve immoral conduct."

Lawsuit Challenges Detroit Area Bus Authority's Refusal of Ad Aimed At Muslims

A federal lawsuit was filed yesterday against the Detroit-area transportation authority challenging its refusal to accept a bus ad directed at Muslims leaving their faith. The ad, sponsored by the Freedom Defense Initiative, read: "Fatwa on your head? Is your family or community threatening you? Leaving Islam? Got questions? Get Answers!" The complaint (full text) in American Freedom Defense Initiative v. Suburban Mobility Authority for Regional Transportation ("SMART"), (ED MI, filed 5/27/2010), claims that refusal to accept the ad for display on SMART buses amounted to a content and viewpoint based restriction on free speech in a public forum, as well a a denial of equal protection of the law. Thomas More Law Center issued a press release announcing filing or the lawsuit. (See prior related posting.)

North Dakota Allows "ISNOGOD" Personalized Plate

In Bismarck, North Dakota, the state's Department of Transportation director has granted the appeal of a Fargo resident, Brian Magee for the issuance of a personalized license plate reading ISNOGOD. Yesterday's Bismarck Tribune reports that in his appeal Magee had argued that the state had authorized personalized plates advocating religions, such as ILOVGOD. In his appeal, Magee had urged his preferred alternative option-- refusing all religious messages on plates.

President Signs Lord's Resistance Army Disarmament Act

On Monday, President Obama signed S. 1067, the "Lord's Resistance Army Disarmament and Northern Uganda Recovery Act." In his Signing Statement, the President said: "The legislation crystallizes the commitment of the United States to help bring an end to the brutality and destruction that have been a hallmark of the LRA across several countries for two decades, and to pursue a future of greater security and hope for the people of central Africa." The Lord's Resistance Army is Christian militant group based in northern Uganda that is classified as a terrorist group by the United States. LRA leader Joseph Kony claims to be establishing a theocratic state based on the Ten Commandments and the Acholi ethnic tradition. (Wikipedia.) However President Obama described it quite differently:

The Lord's Resistance Army preys on civilians – killing, raping, and mutilating the people of central Africa; stealing and brutalizing their children; and displacing hundreds of thousands of people. Its leadership, indicted by the International Criminal Court for crimes against humanity, has no agenda and no purpose other than its own survival. It fills its ranks of fighters with the young boys and girls it abducts. By any measure, its actions are an affront to human dignity.

Opponent Criticizes Massachusetts Governor For Statements At Muslim Forum

In Massachusetts, state Treasurer Timothy Cahill who is running as an Independent candidate for governor this fall has strongly criticized Gov. Deval Patrick for his performance last Saturday at a forum at the Islamic Society of Boston Cultural Center in Roxbury. Some 1100 people attended the event at the Center that was opened last year. Yesterday's Worcester Telegram & Gazette reported on developments. According to last Sunday's Boston Herald, Patrick was given one minute to answer yes or no to seven questions. He answered yes to all, promising among other things to move on cultural awareness training for law enforcement officers and to urge public and private employers to accommodate Muslims' need to attend religious services on Fridays. Cahill yesterday issued a statement that says in part: "Governor Patrick should stop playing politics with terrorism and focus on protecting all the citizens of this Commonwealth.... Now is the time for Governor Patrick to look radical Islamic terrorism full in the face, call it what it is...."

Activist Challenges Illinois Tourism Grant To Restore Bald Knob Cross

Chicago activist Rob Sherman is pressuring a group that has restored the Bald Knob Cross of Peace, in the Ozark Mountains in southern Illinois, to return the $20,000 from a state grant that was used for part of the cost of the renovations. WSIL-TV reported yesterday that Sherman argues the grant to the Friends of Bald Knob Cross from the Illinois Department of Commerce and Economic Opportunity violates Art. X, Sec. 3 of the Illinois Constitution that prohibits state grants for sectarian purposes. The Cross, which stands 1000 feet above sea level was originally completed in 1963 and was a popular tourist attraction. It fell into disrepair and disputes arose among board members that led to litigation which was settled only at the end of 2008. The Cross was reconstructed last year. (History.) A member of the Bald Knob Cross Transitional Board says that the grant was given to promote tourism, and that it has brought hundreds of thousands of tourists to the hill outside Alto Pass, Illinois. Sherman says he will file suit if the funds are not returned within 30 days. He also urged return of $5000 that Union County contributed toward the Cross restoration.

Court Orders Hearing On Preliminary Injunction In Challenge To NY Housing Project

In Broadway Triangle Community Coalition v. Bloomberg, (Sup. Ct. NY, May 20, 2010), a New York state trial court ordered that a further hearing be held next month on a motion for a preliminary injunction to stop a housing development in the Williamsburg section of Brooklyn. Plaintiffs claim that the city's selection in a no-bid process of a Hasidic Jewish organization to develop affordable housing, along with related rezoning, violates the Equal Protection clauses of the U.S. and New York Constitutions, Title VI of the Civil Rights Act of 1964, the Federal Fair Housing Act, and the New York State and New York City Human Rights Laws. The suit grows out of long-running tensions between the Hispanic and the Hasidic communities in the area. (See prior posting.) Plaintiffs challenge a preference to be given to residents in a community district that is largely white, and also claim that plans to build primarily large apartments and to avoid high-rise buildings will favor Hasidic Jews who will not use elevators on the Sabbath and who generally have large families. Plaintiffs want to increase the height of planned buildings and add smaller apartments (which are in great demand on the Public Housing Waiting List). The New York Times last week reported on the court's decision.

Court Refuses To Add State As Party In Challenge To Released Time Program

In Moss v. Spartanburg County School District No. 7, 2010 U.S. Dist. LEXIS 51359 (D SC, May 25, 2010), a South Carolina federal district court has denied a motion by the Spartanburg (SC) School District to join the state of South Carolina as a defendant in the lawsuit against the school district over its released time program. The lawsuit is an Establishment Clause challenge to the school district's program of released time for religious education, under which grades assigned by the released time teachers are, without further review, added to the student's official school transcript and used to satisfy an elective requirement. (See prior posting.) The court concluded that the state is not a necessary party since the challenge is to the local policy as applied, not to the state statute. The court also denied permissive joinder because it is only available for plaintiffs to use. However, the court noted that the state, which has not attempted to intervene, may file an amicus brief, which would not jeopardize its sovereign immunity if it wishes to express its views. The court did agree that it would give the South Carolina Attorney General notice of the constitutional issue raised in the case.

New Controversy Over Muhammad Cartoon-- This Time In South African Paper

A new controversy over a newspaper's publication of a drawing of the Prophet Muhammad has erupted, this time over a cartoon published in the May 21 edition of South Africa's Mail & Guardian. As described by the paper's editor Nic Dawes, the cartoon shows "the Prophet Muhammad reclining on a therapist's couch and saying sadly 'Other prophets' followers have a sense of humour'." (Link to cartoon.) The Mail & Guardian reported last week that as the drawing was appearing, the Council of Muslim Theologians tried unsuccessfully to get a South African court to enjoin its publication. The Council said violent reaction to the cartoon was possible. The court refused to interdict publication because the cartoon was already available in the paper's online edition and at some outlets. The paper's editor defended the cartoon, drawn by Zapiro, as "a contribution to the global debate" about depictions of Muhammad. The award winning Zapiro's cartoons have offended many targets of his drawings. London's Guardian yesterday also reported on the controversy.

UPDATE: On May 28, cartoonist Zapiro responded to the controversy with a new cartoon strip depicting his "tough week." The strip does not contain any depictions of Muhammad. The Mail & Guardian on Thursday released a statement after meeting with members of the Muslim community agreeing to review its editorial policy "in light of the injury caused by the cartoon." During the review period it will not publish any depictions of Muhammad.

Proposed Amendment Would Allow Military Chaplains To Close Prayers With Sectarian Language

Rep. Michele Bachman (R-MN) has introduced in the House Rules Committee an amendment to H.R. 5136, the proposed 2011 Defense Authorization Act, that would give all military chaplains the prerogative, if called on to lead a prayer outside of a religious service, "to close that prayer according to the dictates of the Chaplain's conscience." (Full text of proposed amendment.) In the 2007 Defense Authorization Act, the House version included a provision to permit a military chaplain "to pray according to the dictates of the chaplain’s own conscience, except as must be limited by military necessity." (See prior posting.) This did not make it into the final bill. Bachman's current proposal focuses only on the closing of the prayer, not its entire content, and thus seems directed primarily at permitting the phrase "in Jesus name" to be added at the end. God and Country blog reports on the proposed amendment. The Secular Coalition yesterday issued a release opposing the amendment. [Thanks also to Scott Mange for a lead on this.]

UPDATE: Beliefnet reports that on May 27, Rep. Bachman's amendment was rejected by the House as not relevant to the bill.

Cuba's Raul Castro Negotiates With Catholic Church Over Political Prisoners

Yesterday's Miami (FL) Herald reports on talks held by Cuban leader Raul Castro with the Cuban Catholic Church's Cardinal Jaime Ortega on the fate of political prisoners. Analysts say the talks are noteworthy because they represent Cuba's acceptance of the Catholic Church as a middleman for the resolution of important issues in the country.

College Graduation Prayers Generate Faculty Complaints

The Montana ACLU has written higher education officials relaying complaints of several faculty at Montana State University-Northern over the invocation and benediction delivered at this year's graduation ceremony. (Full text of letter.) Pastor Tim Zerger, a Christian evangelical minister affiliated with Community Alliance Church, delivered prayers that were seen by numerous faculty as proselytizing. Faculty attendance at graduation is mandatory. The ACLU argues that the sectarian prayers violated both the federal Constitution's Establishment Clause, and Art. X, Sec. 7 of the Montana Constitution that provides in part: "Attendance shall not be required at any religious service. No sectarian tenets shall be advocated in any public educational institution in the state." A press release issued Tuesday by the ACLU says the group is asking the Montana University System Board of Regents to investigate and take action to prevent similar constitutional breaches in the future.

Church Members Fail To Show "Proper Purpose" To Inspect Certain Church Records

In Two Rivers Baptist Church v. Sutton, (TN App., May 20, 2010), 54 members of the church who had sued the senior pastor and other church officers in a dispute over governance of the church sought various church records under Tennessee's non-profit corporation law. The court held that the members may obtain certain basic records-- such as the charter, bylaws, resolutions and minutes-- which the statute gives them an absolute right to inspect. Enforcing the right does not entangle the court in religious affairs in violation of the ecclesiastical abstention doctrine. However, as to items such as accounting records and membership lists, the statute requires that members show a "proper purpose." The claim that the members were protecting their property rights in the church building and its funds did not meet this standard since members individually have no property right in the corporation's assets.

Times Square Bombing Suspect Gets Halal Food

AOL News reports that last week a federal magistrate judge granted a request by accused Times Square bomber Faisal Shahzad that he be served halal food at the federal-run Metropolitan Correctional Center in Manhattan. In federal prison, Muslims requesting a halal diet are served kosher food which meets the same criteria. The article gives details of a typical day's menu.

Military Religious Freedom Advocate Mikey Weinstein Profiled

Foreign Policy yesterday carried a profile of Mikey Weinstein, founder of the Military Religious Freedom Foundation. It says:

Although he is frequently attacked for waging a war on Christianity, all but a fraction of Weinstein's clients are practicing Catholics and Protestants of mainline denominations who claim to be targeted by proselytizing evangelical superiors. The root of the problem, Weinstein believes, is a cluster of well-funded groups dedicated to Christianizing the military and proselytizing abroad.

MMRF is currently preparing to file suit on behalf of Zachari Klawonn, a Muslim Army specialist at Fort Hood who says he has been harassed and threatened after the shooting massacre at Ft. Hood last November by Maj. Nidal Hasan. Klawonn says even before that, he constantly suffered cultural and religious discrimination. Commanders at Ft. Hood deny the charges, saying they have responded quickly to claims of anti-Muslim bigotry.

Hindu Group In India Opposes State's Construction of Buddha Park

In the Indian city of Patna (in the state of Bihar), the state government plans to tear down an old Hindu Shiva temple on the site of the former Bankipore jail in order to build a Buddha Park. Today's Times of India reports that Bharat Sadhu Samaj has decided to launch a statewide protest. It says the plans to build meditation centers and a 200 foot high statute of Buddha on 22 acres of state land is inconsistent with India's Constitution. Section 27 of India's Constitution provides: "No person shall be compelled to pay any taxes, the proceeds of which are specifically appropriated in payment of expenses for the promotion or maintenance of any particular religion or religious denomination."

Group Urges States Not To Contract To Send Inmates To Planned Christian Prison

As reported last November, a non-profit Texas-based prisons ministry, Corrections Concepts Inc., plans to build a private all-Christian 600-bed prison in Wakita, Oklahoma. The facility will be for men near the end of their sentences who volunteer to be housed there and agree to participate in its program. The ministry has recently announced that discussions are underway with Oklahoma, Kansas and California regarding contracts to house their prisoners in the new facility. In a press release yesterday, Americans United said that it has written officials in the three states urging them to refuse to send prisoners to Corrections Concepts. The identical letters argue that state funding for prisoners in religious facilities would violate the Establishment Clause. The Oklahoma Department of Corrections has already decided not to send prisoners, bu discussions are continuing with the Oklahoma Office of Juvenile Affairs.

To Help In Deciding, Judge Visits Church Where Graduation Is Scheduled

In Bridgeport, Connecticut, federal district judge Janet Hall is hearing the lawsuit against the Enfield (CT) Public Schools brought by the ACLU and Americans United. The suit challenges Enfield's plans to hold this year's graduation ceremonies for two high schools in First Cathedral Church in Bloomfield (CT). (See prior posting.) Yesterday's Hartford Courant reported that Judge Hall, after hearing the last witnesses, took a tour of the Church, taking notes as she walked through. She was accompanied by court staff, lawyers for both sides, and two newspaper reporters. Much of the case apparently turns on the feasibility of the Church's removing or covering all the religious symbols.

Kenya Court Says Kadhis Courts Inconsistent With Other Parts of Constitution

In Kenya, the Nairobi High Court sitting as a Constitutional Court yesterday struck down the provision in the current Kenya Constitution that provides for Kadhis courts (Sec. 66). The court's opinion (excerpts) holds that Section 66 is inconsistent with Sec. 82 that bars discriminatory laws. Among the conclusions in the Court's 144-page opinion are:

the financial maintenance and support of the Kadhis' courts from public coffers amounts to segregation, is sectarian discriminatory and unjust ... and amounts to separate development of one religion and religious practice contrary to the principle of separation of state and religion (secularism) and is therefore contrary to the universal norms and principles of liberty and freedom of religion envisaged under sections 70, 78 and 82 of the Constitution....

the entrenchment of the Kadhis' courts in the Constitution elevates and uplifts the Islamic religion over and above the other religions in Kenya which is inconsistent with section 78 and 82 of the Constitution....

Yesterday's Daily Nation, reporting on the decision, says that the Court has raised a question about the scheduled August 4 referendum on a new Constitution, since that draft also includes Kadhis courts. (See prior posting.) The High Court in its decision held that whether provisions in the proposed document are a problem is not ripe for determination. The Daily Nation reports that opponents of the draft constitution are calling for an immediate suspension of the planned referendum.

UPDATE: The Daily Nation reports that on May 25, Kenya's Attorney General filed an appeal of the decision.

Suit Threatened Over Student Who Is Disciplined For Wearing Rosary Beads

The American Center for Law & Justice (press release) is threatening to file a lawsuit against Schenectady, New York school officials on behalf of a middle school student who was sent home for wearing a Rosary outside of his shirt. The plastic Rosary is made of light purple beads and a white Crucifix. The school's dress code defines items made of beads as gang-related symbols. According to a Demand Letter (full text) sent to the Oneida Middle School principal and other District officials, Raymond Hosier wears the Rosary in memory of his deceased brother and deceased uncle. The ACLJ letter argues that the school's dress code is unconstitutionally vague and, as applied, infringes Hosier's free speech rights.

School Responds To No-Prayer Injunction By Ending Review of Student Graduation Speeches

Earlier this month, an Indiana federal district court issued a preliminary injunction prohibiting the planned student-led prayer at suburban Indianapolis' Greenwood High School's upcoming graduation. The school conducts a student ballot at an assembly in which students vote on whether to have a fellow student deliver a non-denominational prayer at graduation. (See prior posting.) In response to the court ruling, the Greenwood Community School Corporation announced that this year school "officials will not review the speeches of the four student speakers which will allow them to voice their opinions with no restrictions." In the past, the school principal had reviewed a written copy of students' remarks. The school board statement urged speakers to be responsible and respectful of others. According to AP, school officials say speakers, however, will not be stopped even if they use profane language or deliver politically charged speeches.

Defendant Sentenced For Cyber Attack On Scientology Website

A press release from the Church of Scientology reports that yesterday a Los Angeles federal district court sentenced Brian Thomas Mettenbrink, convicted of engaging in a cyber attack on Scientology's website, to 12 months in prison and payment of $20,000 restitution. Judge Gary Allen Feess imposed a sentence that is an upward departure from the Federal Sentencing Guidelines to protect the public from further criminal conduct. Mettenbrink is the second member of the anti-Scientology group Anonymous to be sentenced for the January 2008 attack. (See prior posting.) The court also required that during probation after serving his prison sentence, Mettenbrink must remain at least 100 yards away from any Church of Scientology.

US Amicus Brief To High Court Favors Vatican In Abuse Lawsuit

Last week, the United States filed an amicus brief (full text) with the U.S. Supreme Court after being invited to express its views on whether certiorari should be granted in Holy See v. Doe, (Docket No. 09-1). In the case, the 9th Circuit held that the "tortious act" exception in the Foreign Sovereign Immunities Act means that the Vatican is not shielded from a claim by a victim of sexual abuse based on the doctrine of respondeat superior. That exception (28 USC 1605(a)(5)) allows a suit (with certain exceptions) against a foreign state for damages "caused by the tortious act or omission of that foreign state or of any official or employee of that foreign state while acting within the scope of his office or employment". (See prior posting.)

The United States in its amicus brief essentially sided with the Vatican, but urged that instead of granting a full hearing on the appeal, the Court should grant cert, vacate the judgment of the Court of Appeals and remand for further consideration. The U.S. urged, that if the Court is not willing to do this, it should deny certiorari. More specifically, the Justice Department argued that the 9th Circuit was wrong in holding that the sexual abuse was within the priest's "scope of employment" under Oregon law, a prerequisite for liability under the doctrine of respondeat superior. It argued further that the 9th Circuit "erred in conflating the FSIA's jurisdictional scope-of-employment inquiry with the separate question of respondeat superior liability under state substantive law." Today's Cath News reports on the filing of the brief.

Czech President, Prague Archbishop Sign Agreement On Joint Care of Cathedral

In the Czech Republic yesterday, an 18-year long dispute between the government and the Catholic Church over the ownership of St. Vitus Cathedral at Prague Castle was resolved with the signing of an agreement by Czech President Vaclav Klaus and Prague Archbishop Dominik Duka. Ceske Noviny yesterday reported that under the agreement, a council will be set up to provide for management of the cathedral. Its members-- government and church officials-- will be the holders of the seven keys to the room in the cathedral's St. Wenceslas Chapel where coronation jewels are preserved. In signing the agreement, President Klaus said:

The court dispute about the cathedral and some other real estate at Prague Castle has been terminated by the declaration we have just signed. As it has been for long past centuries, the state and the Catholic Church will by joint forces take care of the cathedral that they together consider an exceptional national symbol in its historical, spiritual and cultural sense.

(See prior related posting.)

Supreme Court Agrees To Review Arizona Tuition Tax Credit

The U.S. Supreme today agreed to review two consolidated cases involving an Establishment Clause challenge to Arizona's school tuition tax credit program. It granted certiorari in Arizona Christian School Tuition Organization v. Winn, (Docket No. 09-987, cert. granted 5/24/2010) and in Garriott v. Winn, (Docket No. 09-991, cert. granted 5/24/2010), consolidating the two cases for a total of one hour of oral argument. (Order List.) The cases were decided in a single opinion below. 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.) SCOTUS Blog has links to the petitions for and opposed to granting cert. and the amicus briefs.

Supreme Court Grants Cert. In RLUIPA Damages Case

The U.S. Supreme Court this morning granted certiorari in Sossamon v. Texas, (Docket No. 08-1438, cert. granted 5/24/2010). (Order List.) The suit was brought by an inmate who objected to the prison's policy of prohibiting congregational worship in the prison's chapel. He claimed that alternative worship venues do not give him access to Christian symbols or furnishings such as an altar or cross. The Supreme Court's grant of review was limited to the question of: "Whether an individual may sue a State or state official in his official capacity for damages for violations of the Religious Land Use and Institutionalized Persons Act, 42 U.S.C. §2000cc et seq. (2000 ed.)."

In the case, the 5th Circuit held (see prior posting) that official-capacity damage actions are barred by the state's sovereign immunity. Agreeing with the 4th Circuit, it concluded that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding. The 5th Circuit also held that damages under RLUIPA are not available in suits against officials in their individual capacities. It reasoned that because RLUIPA was enacted under Congress' Spending Clause Powers, only the governmental recipient of the grant may be liable for a violation. The Supreme Court did not grant cert. to review that port of the holding. SCOTUS blog has links to the petitions for and against cert. and amicus filings in the case.

Israeli Right Wingers Say They Will Protest Bar Mitzvah of Rahm Emanuel's Son

The Jerusalem Post reports that White House chief-of-staff Rahm Emanuel arrived in Israel on Friday. He has made the trip for a long-planned Bar Mitzvah of his son Zach and his nephew Noah. Plans had been to hold the ceremonies at Jerusalem's Western Wall over Memorial Day week end. CBS News reported last week, however, that two Israeli right wing politicians, Baruch Marzel and Itamar Ben-Gvir, who disagree strongly with President Obama's Israel policy and hold Emanuel responsible for it, plan to disrupt the event. They wrote to Emanuel: "We promise to accompany your son's bar mitzvah events in Israel, we will make sure to receive you as you deserve to be received ... with catcalls and disgust." They say they would be happy if Zach came alone to the Western Wall without his father, but that they have no choice but to demonstrate if his father is there also. In light of these developments, it is unclear now where the Bar Mitzvah ceremonies will be held.

Recent Articles of Interest

From SSRN:

• Ian S. Speir, Clemency in Jewish Law, (May 18, 2010).
• Ellen P. Aprill, An Overview of Tax Issues for Synagogues (and Other Religious Congregations), (Loyola-LA Legal Studies Paper No. 2010-24, May 19, 2010).
• Kristen Stilt, How is Islam the Solution?: Constitutional Visions of Contemporary Islamists, (Texas International Law Journal, Forthcoming).
• Jeff Redding, Dignity, Legal Pluralism, and Same-Sex Marriage, (Brooklyn Law Review , Vol. 75, 2010).
• Hussin Iza, Where is the Local Online? Internet Fatwa and the Making of New Muslim Spaces, (Western Political Science Association 2010 Annual Meeting Paper).
• Mohamad Mova Al 'Afghani, Religious Freedom in Indonesia Before and after Constitutional Amendments, (Critical Thinkers For Islamic Reform, Brainbow Press, 2009).
• Michael Young, In Defense of the Constitutionality of Critically Discussing Religion and Ethics in Schools in Light of Free Exercise and Parental Rights, (Ohio State Law Journal, Vol. 70, p. 1565, 2009).
• Aziz Z. Huq, Modeling Terrorist Radicalization, Duke Journal of Law and Social Change, Forthcoming).

From SmartCILP:

• Nancy D. Perkins, Form and Norm: The Transformative Potential of Sub-National Environmental Solidarity, 20 Fordham Environmental Law Review 469-514 (2010).

South Dakota Tea Party Candidate For Governor Presses For Religion, Church Endorsements

In South Dakota's June 8 primary, 5 candidates are competing for the Republican nomination for Governor. According to today's Argus Leader, the two with the most money behind them are Lt. Gov. Dennis Daugaard and Senate Majority Leader Dave Knudson. However they are being challenged by Tea Party candidate Gordon Howie, a state senator from Rapid City. His Pledge To South Dakota includes a promise that he "will not expel God from South Dakota." Earlier this month (press release), he issued a challenge to South Dakota churches and pastors to become politically active, saying: "Pastors and their congregations have been muzzled on Sunday mornings by the threat that their taxation status requires an enforced silence on who to vote for, and why." Today's Rapid City Journal reports that on May 15, Rev. H. Wayne Williams, pastor of Liberty Baptist Tabernacle in Rapid City, took up Howie's challenge by officially endorsing Howie for governor during a church service.

Recent Prisoner Free Exercise Cases

In Barhite v. Caruso, (6th Cir., May 14, 2010), the 6th Circuit rejected a prisoners free exercise and RLUIPA claims objecting to prison officials confiscating from him numerous photos of scantily clad young women. Plaintiff failed to allege that the photos were related to the practice of his Mormon religion. Instead he essentially alleged an equal protection discrimination claim, asserting that the photos were taken from him shortly after raids on an FLDS compound in Texas. However, he failed to allege that non-Mormon sex offenders were permitted to have similar photos.

In Burchett v. Bromps, (9th Cir., May 21, 2010), the 9th Circuit held that plaintiff should be permitted to amend his pleadings to pursue an Establishment Clause claim against the Washington state community corrections officer supervising the community-placement portion of his criminal sentence. Plaintiff alleged that the officer prohibited him from attending a Seventh Day Adventist Church and granted him permission to attend only an Assembly of God church.

In Robinson v. Delgado, 2010 U.S. Dist. LEXIS 47818 (ND CA, May 13, 2010), a California federal magistrate judge permitted an inmate who was a member of the House of Yahweh Yadhaim religion, to proceed with his claim that he should be permitted a kosher diet, and that the prison's vegetarian meals are not kosher.

In Perezo v. Williams, 2010 U.S. Dist. LEXIS 48248 (ND TX, May 17, 2010), a Texas federal court dismissed a frivolous an inmate's claim that his free exercise rights were violated because he is not permitted to take his Bible with him into the recreation yard for his one hour of recreation.

In Native American Council of Tribes v. Weber, 2010 U.S. Dist. LEXIS 48969 (D SD, May 18, 2010), a South Dakota federal district court held that plaintiff organization lacks standing to bring a suit under RLUIPA challenging the decision to remove tobacco from Native American ceremonies in the South Dakota State Penitentiary.

In Eichler v. Tilton, 2010 U.S. Dist. LEXIS 48623 (ED CA, April 21, 2010), a California federal magistrate judge held that an inmate needs to amend his complaint to clarify his claim that his religious rights are being infringed when prison officials refused to permit him to practice yoga.

In Gordon v. Caruso, 2010 U.S. Dist. LEXIS 49430 (WD MI, May 19,2010), a Michigan federal district court refused to dismiss claims by an inmate who was a member of the white-supremacist Asatru faith that his free exercise rights and his rights under RLUIPA were violated when officials prohibited Asatru group worship. Defendants had not shown that there were no less restrictive alternatives available to deal with officials' concerns.

In Sandeford v. Plummer, 2010 U.S. Dist. LEXIS 49315 (ND CA, April 26, 2010), a California federal district court refused to grant a prisoner's motion for reconsideration of the court's previous summary judgement against him (see prior posting) on his complaints of being denied an Islamic diet, of improper observances of Ramadan and Eid, denial of an imam for spiritual guidance and refusing to allow him to wear a Kufi prayer cap.

California Reacting To New Texas Textbook Changes

AP and Fox News report that last Monday, the California state Senate Appropriations Committee voted 6-3 (bill history) to approve and send S.B. 1451 on to the full state Senate. The bill is designed to prevent California from adopting textbooks that contain the controversial changes approved last week by the Texas State Board of Education. (See prior posting.) The bill would require that the California State Board of Education notify chairs of the Senate and Assembly education committees, as well as the state Secretary of Education, of textbook content that appears to be the result of the Texas changes. California Chronicle reports it is expected that the state Senate will pass the bill this week. Here are some of the legislative findings included in the latest version of the bill:

(h) Although not yet formally adopted, it is widely presumed that the proposed changes to Texas' social studies curriculum will have a national impact on textbook content since Texas is the second largest purchaser of textbooks in the United States, second only to California.

(i) As proposed, the revisions are a sharp departure from widely accepted historical teachings that are driven by an inappropriate ideological desire to influence academic content standards for children in public schools.

(j) The proposed changes in Texas, if adopted and subsequently reflected in textbooks nationwide, pose a serious threat to Sections 51204.5, 60040, 60041, 60043, and 60044 of the Education Code as well as a threat to the apolitical nature of public school governance and academic content standards in California.

Georgia Governor Signs New Disclosure Law On Kosher Foods

On Thursday, Georgia's governor, Sonny Purdue, signed into law H.B. 1345 which revises the state's provisions relating to the sale of kosher food. An ACLU press release reports on developments. Georgia's previous Kosher Food Labeling Act required that any food sold as kosher must meet "Orthodox Hebrew religious rules and requirements." Last August, the ACLU filed a lawsuit on behalf of a rabbi who wanted to certify food establishments as kosher using the standards of the Conservative Jewish movement. (See prior posting.) The new law will permit this. It requires that "a person who makes a representation regarding kosher food shall prominently and conspicuously display on the premises on which the food is sold, in a location readily visible to the consumer, a completed kosher food disclosure statement..." The disclosure statement requires 15 to 19 specific representations relating the foods sold. When unpackaged kosher food is involved, additional disclosures must be made regarding the identity and affiliations of the supervising rabbi or agency.

Court Says Challenge To Tax Code Parsonage Allowance Can Move Forward

In Freedom from Religion Foundation, Inc. v. Geithner, (ED CA, May 21, 2010), plaintiffs are challenging two provisions of the Internal Revenue Code on Establishment Clause grounds. Section 107 exempts from income the rental value of a parsonage, or the amount of a parsonage allowance, furnished to a member of the clergy as compensation for service performed in the exercise of a religious ministry. Section 265(a)(6) allows a member of the clergy to claim interest and property taxes as deductions, even though the money used to pay such amounts was received from a church in the form of a tax-exempt §107 allowance. (See prior posting.) In Friday's decision, a California federal district court, after finding that plaintiffs had standing to bring the lawsuit, allowed the challenge to Section 107 to proceed, but dismissed the challenge to Section 265(a)(6). The court also dismissed on 11th Amendment immunity grounds the claims under the California Constitution (but not the federal Establishment Clause claims) challenging California's parallel provisions.

The court held that plaintiffs adequately alleged that Section 107 has the unconstitutional effect of advancing religion. It provides a blanket exemption from taxable income for ministers' housing that is not available to similarly situated secular employees, and allows them to receive a tax-free housing allowance that is not available to other taxpayers. The section also provides a benefit to religion itself, since churches can pay ministers lower salaries when part of their compensation is tax-free. This special benefit for clergy and religion cannot be justified as an accommodation to protect free exercise. However, plaintiffs did not allege sufficient facts to show that the predominant effect of § 265(a)(6) favors religion. It merely gives ministers the same incentive to purchase a home that is available to other taxpayers. [Thanks to Michael Gompertz for the lead.]

Texas Board of Education Adopts More Conservative Social Studies Curriculum

In two party-line 9 to 5 votes yesterday, the Republican majority on the Texas State Board of Education adopted controversial changes to the state's social study guidelines that reflect a more socially conservative viewpoint. AP reports that over 200 amendments were offered this week to draft standards that had been prepared over the last 18 months by groups of teachers and university faculty. Today's Dallas Morning News quotes board member Don McLeroy who said the changes are an attempt to balance a curriculum that has been slanted toward liberal viewpoints. One of the curriculum changes involves students' approach to religious liberty and church-state separation. According to a release from the Texas Education Agency, the following will be added to the Government curriculum standards:

Examine the reasons the Founding Fathers protected religious freedom in America and guaranteed its free exercise by saying that Congress shall make no law respecting an establishment of religion or prohibiting the free exercise thereof, and compare and contrast this to the phrase "separation of church and state."

Responding to criticism of earlier changes (see prior posting), the Board restored Thomas Jefferson to the list of political philosophers that students will study in world history. He was already included in the U.S. History and the Government curricula.