Methodist Minister, Reform Rabbi Co-Officiate At Clinton-Mezvinsky Wedding

UPI reports on the Rhinebeck, New York wedding earlier this evening of Mark Mezvinsky and Chelsea Clinton, daughter of former President Bill Clinton and Secretary of State Hillary Rodham Clinton. Speculation over the nature of the wedding ceremony that would join together interfaith couple ended as it was announced that Methodist minister William S. Shillady and Rabbi James Ponet co-officiated. Shillady is executive director of the United Methodist City Society. Ponet, a Reform rabbi, is Jewish chaplain at Yale University and heads Yale's Joseph Slifka Center for Jewish Life. The United Methodist Church leaves the question of mixed-faith ceremonies to local pastors and allows ministers to adapt the wedding ceremony to some extent. (See prior posting.) Reform rabbis may decide as a matter of individual conscience whether or not to officiate at interfaith marriages, though the Reform movement's rabbinical organization opposes participation in mixed marriage ceremonies. (FAQ from Union for Reform Judaism). UPI also reported that the wedding menu included vegan fare for Chelsea Clinton. Of course that would also satisfy concerns of some Jewish participants who observe Kosher dietary laws.

ADL Surprisingly Opposes Islamic Center Near Ground Zero

The New York Times reports that in a surprising move yesterday, the Anti-Defamation League came out in opposition to the proposed building of an Islamic center and mosque two blocks from Ground Zero in lower Manhattan, calling instead for an alternative location to b e found.. (Full text of ADL statement). Supporters of the planned $100 million complex that will contain prayer space, a performing arts center, a pool and a restaurant, see it as an attempt to build a national model of moderate Islam. However, the proposal has become increasingly controversial, especially as Republicans around the country began to use it as a campaign issue.  Sarah Palin has called it an "unnecessary provocation." While the ADL continued to criticize opposition based on religious bigotry, now ADL national director Abraham Foxman says that the location is offensive to families of 9-11 victims. He remarked: "Their anguish entitles them to positions that others would categorize as irrational or bigoted." According to the Times, the ADL's statement could constitute "a turning point in the battle over the project." Among those highly critical of the ADL's new statement is columnist Paul Krugman.

New Jersey Commission Supports More Aid To Non-Public Schools

On July 20, New Jersey Gov. Chris Christie released the report of the Governor’s Study Commission on New Jersey’s Nonpublic Schools. Titled Quality Education for All of New Jersey’s Children: The Importance of Supporting the Complementary Relationship Between New Jersey’ s Public and Nonpublic Schools, the report recommends a number of steps to enhance aid to students in private schools, including various tax credits and scholarships. Concluding that its recommendations can be carried out in a manner consistent with case law on aid to religious schools, the  report says:

Between 2004-2009 nonpublic enrollment declined 29,810 – and those students entered the public system at a cost of approximately $430-490 million to the taxpayer this year. Taxpayers cannot sustain the impact of that, proven by the fact that the state budget this year cut from education spending almost that exact amount. That is not a coincidence: it is a consequence.

Yesterday's New Jersey Jewish Standard summarizes the commission's recommendations.

University of Illinois Keeps Catholic Thought Prof At Least For Next Semester

Yesterday's Chronicle of Higher Education reports that the University of Illinois at Urbana-Champlain will retain an adjunct professor who teaches courses on Introduction to Catholicism and Modern Catholic Thought pending completion of a review by a faculty Committee on Academic Freedom and Tenure. Earlier the University had indicated it would not keep Kenneth Howell on in a teaching position this fall, apparently in reaction to a student complaint that an e-mail sent by Howell explaining how homosexual conduct would be viewed under natural law theory amounted to hate speech. (See prior posting.) That University decision led to a barrage of e-mails protesting the action. While the University will retain Howell for the coming semester, at the same time it is changing the arrangement under which Howell's $10,000 salary came from the church-supported Newman Center, which also selected instructors who would teach Catholic studies courses.

6th Circuit Denies En Banc Review In Ten Commandments Case

The U.S. 6th Circuit Court of Appeals yesterday denied en banc review in ACLU of Kentucky v. McCreary County (full text of court order). In the case, a majority of a 6th Circuit panel (see prior posting) approved issuance of a permanent injunction against display of the 10 Commandments along with other historical documents that refer to God in two Kentucky county court houses. In 2005, the U.S. Supreme Court found the display violated the Establishment Clause, but later litigation focused on whether the counties had changed their religious purposes for the display. A majority of the panel agreed with the district court that resolutions adopted in 2005 were adopted only as a litigating position. However the panel decision produced three separate opinions. [Thanks to Peter Irons for the lead.]

Swiss Schools Fine Muslim Parents Who Refuse Mixed Swim Classes For Young Girls

Today's Sydney Morning Herald in a story from AFP reports that authorities in Basel, Switzerland have fined five Muslim families that have refused on religious grounds to permit their daughters, all under ten years of age, to attend compulsory mixed-gender swimming classes. The schools offer separate classes for boys and girls who have reached the age of puberty, but the head of the city's education department says that mixed classes for younger children were justified after consultations with religious organizations. Each family was fined 350 Swiss Francs ($335 US).

EEOC Says Store Should Have Accommodated Jehovah's Witness' Beliefs

The Charlotte (NC) Business Journal reports that the EEOC yesterday filed a lawsuit against Belk, Inc. in a North Carolina federal district court charging religious discrimination by one of Belk's stores in Raleigh (NC). The suit alleges that Belk wrongfully fired employee Myra Jones-Abid after she refused to wear a Santa hat and apron while working in the store's gift wrapping section. Jones-Abid is a Jehovah's Witness. Her religion prohibits celebration of holidays, including birthdays and Christmas. The EEOC claims that Belk had an obligation to accommodate Jones-Abid's religious beliefs.

Bangladesh Supreme Court Appellate Division Restores Constitutional Provision On Secularism

The Financial Express reports that on Tuesday, the Appellate Division of Bangladesh's Supreme Court upheld, with certain modifications, a High Court decision that declared illegal the Fifth Amendment to Bangladesh's Constitution. The decision restores various articles of the 1972 Constitution, including those that affirm principles of secularism. According to the Financial Express:

The verdict paves the way for restoration of Article 12 of the original Constitution that says: The principle of secularism shall be realized by the elimination of - (a) communalism in all its forms; (b) the granting by the State of political status in favour of any religion; (c) the abuse of religion for political purposes; (d) any discrimination against, or prosecution of persons practising a particular religion.

The verdict makes way for dropping clause (2) of Article 25 that says the State shall endeavour to consolidate, preserve and strengthen fraternal relations among Muslim countries based on Islamic solidarity.

Following the verdict, Article 38 with proviso will be restored. Article 38 says "Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interests of morality or public order: "Provided that no persons shall have the right to form, or be a member or otherwise take part in the activities of, any communal or other association or union which in the name or on the basis of any religion has or its object, or pursues, a political purpose."

The Financial Express reports separately that Bangladesh's Parliament has created a 15-member committee to prepare a draft amended Constitution to comply with the Court's order. DNA India reports however that Parliament is unlikely to ban ban religious parties or drop the Islamic verse "Bismillahir Rahmani Rahim" from the preamble of the constitution (See prior related posting.)

Settlement Reached In High Schooler's Suit Against Science Teacher Who Taught Religion In Class

Today's Columbus (OH) Dispatch reports on the settlement of a federal lawsuit brought by the family of a high school student against Mount Vernon, Ohio high school teacher John Freshwater. The lawsuit alleged violations of the Establishment Clause. Copies of the Ten Commandments were posted in Freshwater's classroom. He kept his personal Bible on his desk, and a box of Bibles were stored in the back of the classroom for use by the school's Fellowship of Christian Athletes for which Freshwater served as faculty advisor. The student also alleged a battery growing out of an experiment with a Tesla coil which allegedly left a mark on his arm in the shape of a Christian cross. (See prior posting.) Attorneys for the insurance carrier for the school and teacher have not released details of the settlement, which must still receive court approval. Currently Freshwater is on administrative leave, fighting attempts of the school board to fire him for teaching religion in his science class.

New Zealand Jewish Community Preparing To Sue Over Ban On Kosher Slaughter

JTA today reports that the Jewish community in New Zealand is preparing to file a lawsuit challenging the government's recent decision refusing to exempt kosher slaughter from a new Animal Welfare Slaughter Code that requires animals be stunned before being killed. (See prior posting.) Attempts to convince the Agriculture Minister to reverse the ban have not succeeded. The lawsuit will likely claim that the ban violates religious freedom protected by New Zealand's Bill of Rights Act . The Animal Welfare Act of 1999, Sec. 73, provides that in proposing a Code under the Act, the National Animal Welfare Advisory Committee is to consider, among other things, the requirements of religious and cultural practices.

Atheist School Proposal Welcome Under Britain's New Education Policy

Yesterday's London Telegraph reports that Britain's Education Secretary Michael Grove says he would be interested in looking at proposals by individuals such as atheist Prof. Ricard Dawkins for the creation of a "free thinking" school. Around one-third of the government funded schools in Britain are faith schools. The government has published a plan to give parents' groups, teachers and charities powers to open their own schools at taxpayers' expense. Saying that an atheist school would not be his personal preference, he emphasized that nevertheless it is consistent with the new policy of providing the greatest degree of choice to parents.

Most of University's Speaker Policy Survives Facial Challenge By Christian Preacher

In Sonnier v. Crain, (5th Cir., July 27, 2010), the 5th Circuit Court of Appeals , in a 2-1 decision, rejected a facial challenge to most parts of Louisiana State University's speaker policy, applying the test that a facial challenge will succeed only if there is no set of circumstances under which the policy would be valid. In a suit brought by an itinerant Christian preacher who wanted to deliver a religious message to students, the court upheld the denial of a preliminary injunction to prevent enforcement of (1) the school's seven-day advance notice requirement for a permit; (2) a two-hour, once-per week limitation for each speaker or organization; (3) the collection of personal information before issuing a permit; and (4) the limitation of speech to three specific campus locations. However it enjoined enforcement of the school's requirement that speakers pay a security fee at the discretion of the University.

Judge Dennis dissented arguing that at the preliminary injunction stage, the court should have considered the speech policy as applied as well as the facial challenge to it.  He concluded that all portions of the policy were unconstitutional as applied to plaintiff.  He also argued that the majority used the wrong test in determining facial validity. Finally he concluded that the University's restrictions are not narrowly tailored to serve a significant governmental interest.

77' Cross Goes Up In Texas Subdivision Prayer Garden

Following a settlement last March of a lawsuit attempting to prevent The Coming King Foundation (TCKF) from placing a 77-foot tall cross in a Kerrville, Texas subdivision (see prior posting), on Tuesday the $2 million, 70-ton sculpture was erected overlooking Texas I-10, half way between the Atlantic and Pacific Oceans. A press release from TCKF says the sculpture called The Empty Cross, which is part of a 23-acre sculpture prayer garden, will be admission free. However, over $2 million still needs to be raised in order to build a parking lot entrance and interior roads that will allow the park to be opened to the public. In the meantime, guided tours are available, as is live streaming video of the Cross.

Court Upholds Dismissal of Counseling Student Who Would Not Counsel Gays

In Ward v. Wilbanks, (ED MI, July 26 2010), a Michigan federal district court upheld Eastern Michigan University's dismissal of a student from its graduate program in counseling because of her objections to counseling clients on their same-sex relationships, in violation of professional counseling standards. Julea Ward's Christian beliefs precluded her from affirming relationships which she believed were inconsistent with Biblical teachings. The court concluded that the university's policy is not a speech code, but is an integral part of the curriculum. It held that in a university setting, restricting or compelling speech that occurs in a classroom as part of the curriculum will be upheld so long as it serves a rational pedagogical purpose. According to the court:

The University had a rational basis for adopting the ACA Code of Ethics into its counseling program, not the least of which was the desire to offer an accredited program. Furthermore, the University had a rational basis for requiring its students to counsel clients without imposing their personal values. In the case of Ms. Ward, the University determined that she would never change her behavior and would consistently refuse to counsel clients on matters with which she was personally opposed due to her religious beliefs - including homosexual relationships. The University offered Ms. Ward the opportunity for a remediation plan, which she rejected. Her refusal to attempt learning to counsel all clients within their own value systems is a failure to complete an academic requirement of the program.

Additionally, the court rejected Ward's free exercise and Establishment Clause claims:

Plaintiff was not required to change her views or religious beliefs; she was required to set them aside in the counselor-client relationship – a neutral, generally applicable expectation of all counselors-to-be under the ACA standard.

It concluded that the program requirements were secular in purpose and effect and did not involve excessive entanglement. It went on:

Although plaintiff’s complaint that defendants demonstrated hostility, arrogance, and offensiveness during the formal and informal reviews is well taken, the court finds that neither this behavior nor the curriculum requirements satisfy the level of hostility required to establish a religion of secularism....

Finally the court rejected plaintiff's equal protection claim:

Both sides’ positions eventually hardened due to the confrontational atmosphere, culminating in the “theological bout” during the formal hearing. Nevertheless, the court does not perceive any maliciousness in defendants’ behavior amounting to a constitutional violation.

Alliance Defense Fund which represented the student said in a release yesterday that it would appeal the decision. (See prior related posting.) Today's Inside Higher Ed reports on the decision.

ACLU FOIA Request Seeks To Uncover FBI "Muslim Mapping"

In a press release yesterday, the ACLU announced coordinated Freedom of Information Act requests in 29  states and the District of Columbia asking the FBI  to release records on its collection and use of information on ethnic-oriented businesses, behaviors, lifestyle characteristics and cultural traditions in communities with concentrated ethnic populations. According to the Los Angeles Daily News, an ACLU staff attorney said that it fears the FBI engaging in "Muslim mapping," the "singling out individuals for investigation, surveillance, and data-gathering based solely on their religion or ethnicity."

9th Circuit Says Ghanaian Baptist Preacher Entitled To Asylum

In Afriyie v. Holder, (9th Cir., July 26, 2010), the 9th Circuit held that a citizen of Ghana should have been granted asylum in the United States based on his persecution in Ghana by private parties who objected to his proselytizing as a Baptist preacher in predominately Muslim areas of the country. Persecution by private parties is a basis for asylum if the government is unable or unwilling to control the persecution. The court concluded that reporting persecution to the government is not essential to demonstrating that the government is unable or unwilling to protect a person from private actors. It is enough to show a lack of police resources that result in the police being unable to provide protection. The court also remanded for further findings appellant's claim for relief under the Convention Against Torture. Courthouse News Service reports on the decision.

Muslim Employees Prevail In Two EEOC Cases Involving Religious Accommodation

Muslim employees of two different companies have obtained favorable results after filing complaints with the EEOC. In one case, according to BNA's Daily Labor Report Monday, Swedish-based Electrolux Group has decided to change the evening shift meal breaks during Ramadan this year so employees will be able to break their fast and still abide by company rules that prohibit food on the production floor.

In an unrelated case, also reported by BNA's Daily Labor Report on Monday, White Lodging Services, Inc. which manages the Louisville (KY) Downtown Marriott has settled a lawsuit brought by the EEOC on behalf of four Muslim women who were denied job interviews in 2005 when they would not remove their hijabs. Marriott dress policy did not allow employees to wear head coverings that were not part of their uniforms, and the housekeeping manager who rejected the women was not aware of the significance of the hijab. The company will pay $10,000 to settle with each of the women, and will provide equal opportunity training for Hotel employees. (EEOC press release, 7/21). [Thanks to Steven H. Sholk for the lead.]

Utah High Court Reverses FLDS Leader Warren Jeff's Conviction

The Utah Supreme Court today reversed the rape as an accomplice conviction of FLDS leader Warren Jeffs. (See prior posting.)  In State of Utah v. Jeffs, (UT Sup. Ct., July 27, 2010), a unanimous court held that the jury had been improperly instructed on the issue of consent. Jeff's conviction grew out of his role in the compelled marriage of a 14-year old, Elissa Wall,  to her nineteen-year-old first cousin, Allen Steed. Utah law provides that intercourse with a minor is non-consensual where the actor occupied a position of special trust in relation to the victim. The trial court erroneously instructed the jury that this referred to whether Jeffs, the accomplice, occupied a position of trust, instead of whether Steed, the person having intercourse with Wall, occupied such a position. The court also clarified the state of mind requirement in order to convict Jeffs as an accomplice. He must have been aware, at a minimum, of a substantial and unjustifiable risk that his actions would result in rape being committed by another person. And where the charge is aiding another, rather than soliciting, encouraging or commanding the action, the accomplice must have acted intentionally. The Salt Lake Tribune reports on the decision.

UPDATE: AP (7/28) reports that Texas and federal authorities still have charges pending against Jeffs who could now be tried under those indictments. Meanwhile KSL News has Elissa Wall's reaction to the decision. Wall is in a witness protection program.

Canadian Appellate Court Opens Door To Refugee Status For U.S. Conscientious Objector to Iraq War

In Hinzman v. Minister of Citizenship and Immigration, (Fed. Ct. App., July 6, 2010), Canada's Federal Court of Appeal held than an American soldier's application for permanent residency as a refugee based on "humanitarian and compassionate" grounds may be granted when his refusal to deploy to Iraq was based on a sincere and deeply held moral, political or religious objection to a particular war. In a decision below, the applications judge agreed with the H&C Officer that the CO's potential punishment for desertion in the United States did not justify granting his application because "hardships attached to laws of general application in a democratic state cannot be considered as unusual and undeserved or disproportionate under Canadian law." The appeals court held, however, that "the H&C Officer had the duty to look at all of the appellants’ personal circumstances, including Mr. Hinzman’s beliefs and motivations, before determining if there were sufficient reasons to make a positive H&C decision." Axis of Logic yesterday, reporting on the decision, says that it has "[set] the stage for a new immigration review process for all those Iraq- and Afghanistan-assigned American soldiers who came to Canada as conscientious objectors." However Canada's Minister of  Citizenship and Immigration Jason Kenney is opposed to allowing American CO's to remain in Canada.

Rabbi Sentenced In Fraud Case From 1980's

In a Manhattan federal court yesterday, Rabbi Avrum Friesel was sentenced to 27 months in jail  and ordered to pay $11 million in restitution for a fraud committed by leaders of the Hasidic village of New Square, New York in the 1980's. Yesterday's New York Post reports that Friesel, after spending eleven years on the run in Israel and Great Britain, plead guilty after being extradited from Britain last year. The offenses included obtaining $10 million in fraudulent Pell grants for ineligible students at a Brooklyn seminary. The court granted a downward departure from the Federal Sentencing Guidelines 41 month sentence because of Friesel's minor role in the fraud and his history of working with disabled children. Friesel said he was deeply ashamed of breaking American civil law, which meant he also broke Jewish religious law. Four co-defendants were convicted in 1999, but their sentences were commuted by President Bill Clinton on his last day in office in 2001. The New York Post notes that the commutation came shortly after Hillary Rodham Clinton won almost every vote in New Square, NY in her race for the U.S. Senate. 

New Jersey Appellate Court Says Religious Belief Does Not Excuse Coerced Sex With Wife

In S.D. v. M.J.R., (NJ Super. Ct. App. Div., July 23, 2010), a New Jersey appellate court held that the trial court should have issued a final restraining order to protect a Muslim woman who had been the victim of her husband's domestic violence. The trial court judge had concluded that while the husband's coerced sex with his wife constituted sexual assault, the husband did not have the requisite sexual intent because of his belief that his religion permitted him to require his wife to comply with his sexual demands. The appellate court held: "Because it is doubtlessly true that the laws defining the crimes of sexual assault and criminal sexual contact are neutral laws of general application, and because defendant knowingly engaged in conduct that violated those laws, the judge erred when he refused to recognize those violations as a basis for a determination that defendant had committed acts of domestic violence."

Tennessee Lt. Gov. Questions Freedom of Religion For Muslims

TPMDC reported yesterday that Tennessee Lt. Gov. Ron Ramsey, a candidate in the state's gubernatorial primary (currently running third), suggested in an answer to a question at a campaign event that Islam may not be protected by the Constitution's free exercise clause. Referring to a dispute over a zoning change to permit an Islamic center to be built in Murfreesboro (TN), (background from CNN) he said: "Now, you know, I'm all about freedom of religion. I value the First Amendment as much as I value the Second Amendment as much as I value the Tenth Amendment and on and on and on. But you cross the line when they try to start bringing Sharia Law here to the state of Tennessee -- to the United States. We live under our Constitution and they live under our Constitution." In a rambling answer, he also remarked: "Now, you could even argue whether being a Muslim is actually a religion, or is it a nationality, way of life, cult whatever you want to call it. Now certainly we do protect our religions, but at the same time this is something we are going to have to face."

Russian Prosecutors Open Criminal Prosecution Against Scientology Group

Today's Moscow Times reports that prosecutors in the Russian town of Shchyolkovo, northeast of Moscow, have opened a criminal prosecution against the Church of Scientology on the grounds that it is promoting extremism. The action follows an April decision by a Siberian court that added 28 works by Scientology founder L. Ron Hubbard to the country's list of extremist material. (See prior posting.)

Battle Over Conversion Law In Israel Takes 6-Month Pause

Today's Jerusalem Post carries an op-ed by Natan Sharansky, chairman of the Jewish Agency, reviewing the battle that has gone on for the past two weeks in the Israeli Knesset over proposed new legislation on conversion.  As reported by the New York Times on Friday, the bill began as an attempt to make conversion to Judaism easier for 300,000 Russian immigrants who came to Israel but are not considered Jewish under Orthodox religious law. The Knesset proposal did this by giving conversion authority to local rabbis around the country. However, when Orthodox authorities objected, the bill was amended to provide that Orthodox Jewish law would be the basis for conversion. That led to massive protests from the Jewish community in the United States who saw this as an attempt to undercut progress in litigation that had been made by the Reform and Conservative movements to have their conversions recognized. As the Knesset adjourned for the summer, Prime Minister Benjamin Netanyahu's office announced a compromise under which both sides would negotiate for the next six months. Until January, no conversion law will be introduced in the Knesset, and litigation before Israel's Supreme Court by the Reform and Conservative movements will be suspended for the same period.

Reality Show Seeking Progressive Muslim Leader Is Popular In Malaysia

AP reported yesterday on a reality show that is garnering large audiences on an Islamic-themed cable channel in Malaysia. "Imam Muda" (Young Leader) is seeking a pious but progressive young Muslim man who can show that religion can remain relevant to Malaysian young people. The ten men, between 18 and 27, ultimately picked as contestants for the show are photogenic and could pass as models. The contestants are sequestered in a mosque hostel. The tasks they have performed, featured on different episodes, include performing Muslim ablutions on two unclaimed corpses and burying the bodies; and counseling residents of a shelter for women and homeless children. The ultimate winner will receive an all-expense paid pilgrimage to Mecca, an automobile, a position as prayer leader in a major mosque, a scholarship to study in Saudi Arabia and $6400 (US) cash.

Saudi Clerics Say Muslim Women In France Need Not Wear Veil

As France moves to ban the weraing of the burqa and niqab (see prior posting), Saudi Islamic jurisprudence scholar Mohamed al-Nujaimi and Saudi author and cleric Ayed al-Garni say that Muslim women living in France are exempt from the requirement to cover their face. Apparently so are tourists to France, but the clerics say that it is preferable to avoid visiting there and instead go to Muslim countries which permit the niqab. The two clerics are not members of the Saudi Senior Scholars Auhority which has not commented on France's actions. The comments come as the Louvre Museum in France, with the support of the Saudi government, has mounted a major display of Saudi artifacts. These developments were reported Friday by Reuters via Haaretz.

Recent Articles and Book of Interest

From SSRN:

• Ronald R.Garet, To Secure the Blessings, (USC Law Legal Studies Paper No. 10-11, July 19, 2010).
• Asim Jusic, Legal Regulation of Non-Mainstream Religious Groups: Perspectives from Economics and Social Psychology, (IWM Junior Visiting Fellows' Conferences, Vol. XXVIII, 2010).
• Farrah Ahmed, The Value of Faith, (Religion, State & Society, Forthcoming).
• Sahar F. Aziz, Sticks and Stones, The Words That Hurt: Entrenched Stereotypes Eight Years after 9/11, (New York City Law Review, Forthcoming).
• Alexander Tsesis, Preserving Tolerance While Remaining True to the First Amendment, (Loyola University Chicago School of Law Research Paper No. 2010-008, July 6, 2010).

New Book:

• Ruth Harris, Dreyfus: Politics, Emotion, and the Scandal of the Century, (Metropolitan Books, June 2010), reviewed in the New York Times.

Recent Prisoner Free Exercise Cases

In Muhammad v. Sapp, (11th Cir., July 21, 2010), the 11th Circuit denied a Muslim prisoner's objections under RLUIPA to prison authorities requiring him to wear a close-fitting uniform, refusing to let him have a Qibla compass, requiring him to shower in stalls where he could be seen by other inmates and prison officials, refusing to let him to have 16 gold crowns removed from his teeth, and refusing to provide him with a requested diet.

In Fletcher v. Whorton, 2010 U.S. Dist. LEXIS 71698 (D NV, March 22, 2010), a Nevada federal district court rejected a Wiccan inmate's claim under RLUIPA that his free exercise rights were substantially burdened when a prison refused to construct a sweat lodge for his use and give him access to raw meat for
Wiccan rituals.

In Young v. Smalls, 2010 U.S. Dist. LEXIS 72061 (SD CA, July 19, 2010), a California federal district court rejected an inmate's request for a kosher diet instead of the "religious vegetarian diet" he was receiving. The court found that plaintiff did not allege his request was tied to a religious belief; instead he thought a kosher meal was more sanitary.

In Giron v. Garcia, 2010 U.S. Dist. LEXIS 72491 (D NV, July 19, 2010), a federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 72490, June 2, 2010) and held that plaintiff had adequately exhausted his administrative remedies in seeking permission to have his prayer blanket.

In Shoucair v. Warren, 2010 U.S. Dist. LEXIS 72932 (ED MI, July 20, 2010), a Michigan federal district court accepted a magistrate's recommendations (2010 U.S. Dist. LEXIS 72931, May 25, 2010), holding that plaintiff was improperly attempting to force his 8th Amendment claim into a claim under RLUIPA. AT issue was an assault on plaintiff by another inmate because of disagreement between their Muslim and Moorish Science religious groups.

In Wallace v. Miller, 2010 U.S. Dist. LEXIS 73340 (SD IL, July 20. 2010), an Illinois federal district court denied a preliminary injunction to an inmate who was a Satmar Hasidic Jew, finding that he was unlikely to succeed on the merits in his challenge to various limitations on his ability to practice his religious customs. Various accommodations had already been made, and the other restrictions were reasonable limitations in light of penological interests.

In Howard v. Epps, 2010 U.S. Dist. LEXIS 72994 (SD MS, July 20, 2010), a Mississippi federal district court adopted a magistrate's recommendations (2010 U.S.Dist. LEXIS 73034, March 12, 2010) and dismissed a Rastafarian prisoner's allegations that he was discriminated against because of his dreadlocks and was wrongly informed he could not grow dreadlocks.

In Cotton v. Cate, 2010 U.S. Dist. LEXIS 73878 (ND CA, July 19, 2010), a California federal district court permitted plaintiff, a member of the Shetaut Neter religion, to proceed with his RLUIPA and equal protection claims alleging that prison authorities failed to furnish him a vegan diet as required by his religious beliefs.

In Scott v. Goodwin, 2010 U.S. Dist. LEXIS 73610 (WD LA, July 21, 2010), a federal district court adopted a magistrate's recommendations and dismissed as frivolous a claim by a Muslim prisoner that his First Amendment rights were violated when he was told that he would be confined to his cell for his entire period of imprisonment if he refused to be vaccinated.

In Neal v. Campbell, 2010 U.S. Dist. LEXIS 74053 (ED CA, July 21,2010), a California federal magistrate judge rejected an inmate's complaint that he was placed in administrative segregation for becoming an "ameer" (a Muslim leader) at the prison, as authorities had previously threatened to do. The court concluded that becoming an ameer was not a central mandate of plaintiff's religion. It also found that defendants have qualified immunity.

DC Circuit OKs "In God We Trust" On U.S. Currency

In a brief opinion last week, the D.C. Circuit in Kidd v. Obama, (DC Cir., July 21, 2010), affirming the district court (see prior posting), held that appellants had not demonstrated that printing the national motto "In God We Trust" on U.S. currency is a violation of the Establishment Clause.

Paper Reports On Growth of Liberty Institute

Today's Dallas Morning News reports on the growth of the Plano, Texas based Liberty Institute since its founding in in 1997. Its budget has increased to $2 million and it has 20 staffers plus volunteer lawyers across the country to help it litigate from a conservative Christian perspective on religious speech, free exercise and other national conservative issues. It became know initially for its litigation to allow students to distribute religious-themed candy cane pens in local schools. (See prior posting.) It also filed suit on behalf of Alaska legislators to attempt to prevent the release of a report that accused former Alaska governor Sarah Palin of abuse of power for her role in the firing of a state trooper. Liberty Institute's president Kelly J. Shackelford sees the group's main target as the ACLU.

High School Will Not Spend Money To Fight ACLU Over Prayer Banner

Fox News yesterday reported that a Cranson, Rhode Island high school will remove or change the wording on a banner that has hung in its auditorium since 1956 rather than spend the amount that would be necessary to fight church-state objections by the ACLU. The banner features a prayer to "Our Heavenly Father" to grant students the desire to do their best, to be good sports and to be kind and honest and know true friendship. The School Committee plans to discuss the matter with the ACLU to see if they can agree on compromise language.

University Police Officer Files Religious Discrimination Complaint With EEOC

Today's Baltimore Sun reports on an EEOC complaint that has been filed by a Towson University Police Force officer claiming religious discrimination. John David Brown, a convert to Orthodox Judaism, refused to work on his Sabbath from sundown Friday to Sundown Saturday. Brown claims that the University has backed off a settlement reached in 2006 and fired him two years ago rather than accommodate his religious beliefs. The University says Brown failed to show up seven times for work on the Sabbath and Jewish holidays on which the force was too thinly staffed to accommodate his request for time off. The University's disciplinary
board says Brown failed to seek voluntary exchange of days with other officers.

Judge's Handling of Juror Objection To Oath Becomes Primary Election Issue

In Port Angeles,Washington, an incumbent judge's handling of an objection by a juror to being sworn in using the phrase "so help me God" has become an issue in this year's primary election. Today's Peninsula Daily News reports that at a voters' forum, Tim Davis, one of the candidates for Clallam County District Court 1 judge, accused one of his opponents, Judge Rick Porter, of embarrassing Gail Smith, a juror in a DUI trial, by insisting that she include the phrase in the oath. Smith wrote a note to the judge during a break in the trial, saying that swearing in the name of God was like swearing in the name of Santa Claus. When the jurors returned from lunch, Judge Porter had Smith called out of the jury room and questioned her on whether her anger at being sworn in would affect her ability to act as a juror. Smith said it would not. In Washington state, use of the phrase is optional. Judge Porter, who only vaguely recalls the incident, says it did not happen the way Davis charges. He says he apologized to Smith, telling her that it was part of the script and that he did not mean to offend her. Smith however insists that she was embarrassed by being called out and having to sit alone in the jury box, with attorneys and others present, while Judge Porter explained.

French Swim Resort Rules Bar "Burkinis"

With a ban on wearing of burqas in public about to see final passage in France (see prior posting), the London Mail today reports that two Muslim women were ordered out of a swimming pool in the southern French city of Port Leucate for wearing "burkinis". These are swim garments that cover the entire body, including a veil over the head. A regional government official said that the action stemmed from a violation of the vacation resort's own rules that require men and women to wear ordinary swim wear for hygienic reasons. Police were called in when the husband of one of the women threatened the pool's lifeguard with a bowling ball. He eventually backed down, and the couples left the pool with no charges being filed. (see prior related posting.)

New California Poll Probes Views On Same Sex Marriage By Religious Affiliation

On Wednesday, the Public Religion Research Institute released a poll examining religous-based attitudes about same-sex marriage among Californians. (Full text of poll report.) (Full text of questions and percentage responses.) Here are some excerpts from the press release's summary of poll findings:

•If another vote similar to Proposition 8 were held tomorrow, a majority (51%) say they would vote to allow gay and lesbian couples to marry....

• There are major religious groups on both sides of the debate.... Solid majorities of Latino Catholics and white mainline Protestants say they would vote to allow gay and lesbian couples to marry, while solid majorities of white evangelical Protestants, Latino Protestants, and African American Protestants say they would vote to keep same-sex marriage illegal.

• An overwhelming majority of Californians, and majorities of all major religious groups except Latino Protestants, say they both favor laws that would protect gay and lesbian people from job discrimination and favor allowing gay and lesbian people to serve openly in the military (75% and 69% respectively). A majority (56%) of Californians favor adoption rights for same-sex couples.

• .... A majority of Latino Catholics (57%) say they would vote to allow gay and lesbian couple to marry, compared to just 22% of Latino Protestants. The Catholic-Protestant divide in the Latino community is evident across a wide range of public policy issues related to gay and lesbian rights.

• In the wider California religious community, there are also significant Catholic-Protestant differences in the frequency with which each group hears about the issue of homosexuality from their clergy. Protestants are significantly more likely to hear about the issue than Catholics.... Mainline Protestants are the only major religious group that is more likely to hear positive than negative messages about homosexuality from their clergy.

• The messages about homosexuality that Californians hear at their place of worship are correlated with their views on same-sex marriage....

Conservative Groups Want A Piece of Oral Argument On National Day of Prayer

In April, the U.S. Justice Department filed an appeal with the 7th Circuit in Freedom from Religion Foundation v. Obama, a case in which the district court held that the statute creating a National Day of Prayer violates the Establishment Clause. (See prior posting.) Now, however, the Family Research Council and the Liberty Institute which filed an amicus brief on behalf of a number of conservative organization yesterday announced that they have also filed a motion for leave to participate in oral argument. The groups contend that the Justice Department's brief does not go far enough in defending the statute. Family Research Council President Tony Perkins said:

The President's attorneys failed to cite any of the key cases that would require immediate dismissal of this lawsuit because the plaintiffs lack standing to bring it. FRC plans to mount a robust defense of this important national event that a liberal judge has attempted to scrub from the public square.

Graduate Student Sues Over Attempt To Impose Remediation Plan To Change Her LGBT Beliefs

A graduate student in the counseling program at Augusta State University in Georgia filed a civil rights lawsuit Wednesday alleging that her free speech, free exercise, equal protection and due process rights were infringed by conditions imposed on her in order for her to remain in the University's program. The complaint (full text) in Keeton v. Anderson-Wiley, (SD GA, filed 7/21/2010), alleges that the school required student Jennifer Keeton to undergo a remediation program because her Christian beliefs regarding homosexuality are inconsistent with counsellor's' code of ethics and with research that shows that sexual orientation is not a lifestyle or choice, but is a state of being. The faculty claimed that Keeton's beliefs reflect an improper professional disposition toward potential gay and transgender clients. Keeton's attorneys also filed a memorandum in support of her motion for a preliminary injunction (full text). Alliance Defense Fund issued a press release announcing the filing of the case.

Florida Church Will Mark 9/11 With Burning of Qurans

Religion News Service reported yesterday that the Dove World Outreach Center, a non-denominational church in Gainesville, Florida, plans to host an "International Burn A Quran Day" on this year's anniversary of the 9/11 attacks. In response to a Facebook posting, people have been mailing Qurans to the church for it to burn. The church's pastor, Terry Jones, author of a book titled "Islam is the Devil," said that protests are a central purpose of his church. He said the goal is to give Muslims an opportunity to convert. This year, Sept. 11 coincides with the Muslim feast of Eid-al-Fitr.

Court Says Temple's Board Failed To Authorize Borrowings

In Brighton Way, LLC v. Queen Esther's Temple, Inc., (NY Sup. Ct., July 9, 2010), a New York trial court dismissed plaintiff's attempt to recover $140,000 allegedly due under a note from Queen Esther's Temple, a religious organization. The note was secured by a mortgage, and in a prior action the court held the mortgage failed to comply with provisions of the New York Not-For-Profit Corporation Law that requires court approval for a religious corporation to mortgage or sell its property. In that proceeding, the court found the entire transaction highly suspect, suggesting that the individual signing the note profited personally. Following that decision, plaintiff commenced an action to confirm the mortgage and note nunc pro tunc. However the court found no evidence that Board of Trustees of Queen Esther's Temple approved the mortgage or note, or authorized it to be signed by the individual purportedly signing as chairman of the board.

Group Asks IRS To Investigate Campaign E-mail By Non-Profit Religious Group

Americans United announced yesterday that it had sent a letter (full text) to the Internal Revenue Service asking it to investgate a non-profit group "Reclaiming Oklahoma for Christ." The 501(c)(3) group distributed an e-mail urging attendance at a June campaign rally for state Rep. Sally Kern who is running for re-election. The e-mail warned that the campaign pitted Kern, "an outspoken Christian, pro-family representative" against "an individual who has had a sex change operation" who was recruited by the "homosexual lobby" to run against Kern. Non-profit groups are precluded by federal tax law from intervening in partisan political campaigns.

Personhood Amendment Favored In Georgia Republican Primary Straw Poll

WTVM News and a press release from Georgia Right To Life report that in Tuesday's primary election in Georgia, the Republican primary ballot in 47 counties included a non-binding vote on a "personhood" amendment to the state constitution. The question read: "Do you support an amendment to the Georgia state constitution so as to provide that the paramount right to life is vested in each human being from the earliest biological beginning until natural death?" In Butts county, the Democratic primary ballot also contained the same question. The measure passed in every county. The lowest support was in DeKalb County (60%), while the highest support was in Jeff Davis County (92%). Georgia Right To Life plans to use the straw poll results to encourage the legislature to place a Personhood constitutional amendment on the ballot in 2012.

AJCongress, Leading Church-State Advocate, Suspends Operations After Financial Losses

Today's New York Jewish Week reports that the American Jewish Congress, an advocacy group known for its expertise on church-state issues, has suspended operations due to financial problems. AJCongress lost $21 million of its $24 million endowment in the 2008 Bernard Madoff Ponzi scheme. (See prior posting.) The AJCongress demise is also blamed on changes made in the 1990's by Jack Rosen, a successful businessman who served as president of the group. JTA reports that some activities by AJCongress continue with staff hoping that the organization is not totally dead. Controversy surrounds the Board's failure to unrestrict remaining funds to pay AJCongress employees before final layoffs last Thursday. (Forward). An op-ed published last week in the Forward traces the long history of AJCongress, including its leading role in supporting church-state separation in Supreme Court litigation. During the 1950's and 1960's, AJCongress' Leo Pfeffer was the pre-eminent church-state litigation strategist nationally for the Jewish community.

Nigerian Lawsuit Claims Ban on Child Marriage Restricts Muslims' Religious Freedom

In Nigeria earlier this month, the National Agency for the Prohibition of Traffic in Persons (NAPTIP) forwarded to the Attorney General for possible prosecution its findings that Ahmed Sani Yerima, former governor of Zamfara state and a member of the Nigerian Senate, violated the Nigerian Child Rights Act of 2003 when he married a 13-year old Egyptian girl after paying a very large dowry. (Next 7/21). Now, according to AFP and ThisDay, the Registered Trustees of Supreme Council for Sharia in Nigeria has filed suit in the Federal High Court seeking a declaration that Yerima's right to privacy and his right to practice his religion have been violated by NAPTIP's investigation and planned investigations by the National Human Rights Commission and parliament. The suit alleges that the Child Rights Act is unconstitutional because Muslim religious law permits Yerima to marry up to four wives with no restriction on age. The Sharia group's lawyer says that a Muslim may "even marry a child in the womb of her mother."

Court Refuses To Enjoin Graduation Ceremonies In Church Building

In Does 1, 7, 8 and 9 v. Elmbrook Joint Common School District No. 21, (ED WI, July 19, 2010), a Wisconsin federal district court refused to permanently enjoin a Wisconsin school district from holding graduation ceremonies in a church. The court rejected the claim of unconstitutional coercion, saying: "plaintiffs unease and offense at having to attend graduation ceremonies at the Church and face religious symbols, while in no way minor, is not enough." Responding to plaintiffs' argument that the practice amounted to government endorsement of religion, the court said:

the District's decision to hold graduation ceremonies and the senior honors event in a house of worship holds symbolic force. However, considering the totality of circumstances, the reasonable observer would fairly understand that the District's use of the Church for these events is based on real and practical concerns, and not an impermissible endorsement of religion.

Finally the court also rejected plaintiffs arguments of excessive entanglement and unconstitutional use of taxpayer funds to support religion. (See prior related posting.)

Spain Rejects Broad Ban on Burqa

AP reports that Spain's Parliament on Tuesday defeated a bill that would have banned women from wearing the burqa in any public place. The lower chamber defeated the bill by a vote of 183 no to 162 yes with 2 abstentions. However the ruling Socialist government, whose legislators opposed the total ban, plans to introduce a narrower bill this fall that would merely ban wearing the burqa in government buildings. Mansur Escudero, president of the Islamic Commission of Spain, said he does not know of any Muslim women in Spain who currently wear the burqa on a regular basis.

10th Circuit Makes Minor Changes In RLUIPA Zoning Opinion

On Monday, the 10th Circuit largely denied a petition for a limited panel rehearing in a RLUIPA church zoning case. In Rocky Mountain Christian Church v. Board of County Commissioners of Boulder County, Colorado, (10th Cir., July 19, 2010), the court made two modifications in its original opinion, changing language relating to the propriety of jury instructions. However the outcome of the case remained the same-- the court held that sufficient evidence was presented at trial to justify the jury's determination that the denial of a special use application to Rocky Mountain Christian Church violated the equal terms and unreasonable limitations provisions of RLUIPA. (See prior posting.) Yesterday's Longmont (CO) Times Call reported on the decision.

Germany Plans University Level Programs To Train Muslim Religious Leaders

Today's Chronicle of Higher Education reports on efforts launched in Germany to integrate its large, mostly-Turkish, Muslim population. A key part of the plan is to create a generation of German-trained imams. The German Council of Science and Humanities is creating a group of academic institutes at state-financed colleges to critically examine Islamic theology and teach it in a German university setting to future imams, male and female religious teachers, public intellectuals, scholars and faith-based social workers. The German Muslim community will have a substantial voice in the curriculum and management of the institutes.

Paper Carries Series On Conservative Christian Moves On Education In British Columbia

The Tyee this week is running a 5-part series excerpted from Marci McDonald's The Armegeddon Factor on how the Christian right is building political power in Canada. The articles focus particularly on the central role of British Columbia in the push to move Canada away from a secular public culture. Yesterday's installment focuses on the opposition by evangelical and Catholic parents to the introduction into B.C. schools of an elective course designed to combat homophobia and other bigotry, as well as battles over story books in elementary schools that depict gay families. Today's installment focuses on the rise of private religious schools in B.C. and Alberta, both of which give tuition assistance to children in accredited private schools. Tomorrow the paper will look at the rise of Christian home schooling in the province.

Indonesians Told To Shift Prayer Direction

Due to a mistake by the Indonesian Ulema Council, Indonesia's highest Islamic authority, Muslims in the country have been facing the wrong direction for prayers for several months. Today's New Zealand Herald reports that in March, the Council ruled that Mecca was due west of Indonesia. But that actually had worshippers facing southern Somalia and Kenya. Now the Council has revised its calculations and has ruled that worshippers should face northwest instead. Apparently the original error was caused by the Council acting too hurriedly. A senior Council cleric, however, assured Muslims that their prayers were heard even when they were facing the wrong way.

RLUIPA Lawsuit Challenges Delay In Formal Zoning Variance Denial

A RLUIPA lawsuit was filed last week against the Borough of Pemberton, New Jersey by the Apostolic Church of Deliverance that applied for a zoning variance over six months ago. According to a press release yesterday from Mauck & Baker, the law firm which filed the suit, Borough officials have clearly indicated that they will deny the application from the largely African-American church. However Pemberton continues to withhold publication of a formal zoning decision. Pemberton officials have instead urged the church to rent a local elementary school to use for worship services. The lawsuit seeks over $1 million in compensatory damages plus $1 million in punitive damages.

Syria Becomes First Muslim Country To Impose A Burqa Ban

Britain's Daily Star today reports that Syria has become the first predominately Muslim country to ban the wearing of the burqa in public. The ban will initially apply only in universities. The government ordered universities to ban niqab-wearing women from registering. However the government plans to extend the ban on wearing the full face veil to other places as well. Syria's government says that the Burqa encourages Islamic extremism. The ban does not apply to wearing of the hijab, or headscarf. Opponents of the ban say it violates freedom of religion and demonizes Muslims.

Evangelicals Are Backing Obama's Call For Immigration Reform

Today's New York Times reports that a group of influential Christian evangelical leaders are supporting President Obama's call for comprehensive immigration reform. The umbrella group, the National Association of Evangelicals, is in the lead. While these Christian conservatives are usually on the other side on most of President Obama's policies, here they agree with him and are openly supporting him through sermons, conference calls with other pastors, and Congressional testimony. Politically active Hispanic evangelical pastors are largely responsible for convincing other evangelical clergy that immigration reform should be a moral priority. (See prior related posting.)

New Holy See Permanent Observer To UN Named

Zenit reported yesterday that Pope Benedict XVI has named Indian-born Archbishop Francis Assisi Chullikatt, apostolic nuncio to Iraq and Jordan, as the new permanent observer of the Holy See at the United Nations in New York. He succeeds Archbishop Celestino Migliore.

GI's Who Oppose Homosexuality Beginning To Look At CO Status As DADT To End

The New York Times reported last week that the impending end of the military's "don't ask, don't tell" policy is creating a new group of putative conscientious objectors. The Center on Conscience & War, which counsels GI's seeking to become conscientious objectors, has begun to receive calls from members of the military who say they consider homosexuality an abomination and want to become a conscientious objector because they cannot serve alongside gay soldiers. J.E. McNeil, the Center's director, says that this sort of objection does not fit within the legal requirements to become a CO. That requires religious opposition to participating in war in any form. (50 USC App Sec. 456(j)). The military personnel here are not objecting to participating in war; they are objecting to those with whom they are participating.

Oklahoma's November Ballot Will Include Constituitonal Amendment To Bar Courts' Use of Sharia Law

Yesterday's Tulsa World reports that Oklahoma's Nov. 2 ballot will include State Question 755 which would amend the state constitution to prohibit state courts from considering or using international law or Sharia law. (Ballot language.) Titled by the legislature the "Save Our State Amendment" (full text of HJR 1056), the proposed amendment reads:

The courts provided for in subsection A of this section, when exercising their judicial authority, shall uphold and adhere to the law as provided in the United States Constitution, the Oklahoma Constitution, the United States Code, federal regulations promulgated pursuant thereto, established common law, the Oklahoma Statutes and rules promulgated pursuant thereto, and if necessary the law of another state of the United States provided the law of the other state does not include Sharia law, in making judicial decisions. The courts shall not look to the legal precepts of other nations or cultures. Specifically, the courts shall not consider international law or Sharia law. The provisions of this subsection shall apply to all cases before the respective courts, including, but not limited to, cases of first impression.

State Rep. Rex Duncan who authored the proposal called it a pre-emptive strike since he is not aware of any Oklahoma case based on international or Sharia law. Razi Hashmi, executive director of the Oklahoma chapter of the Council on American-Islamic Relations, said the proposal is motivated by anti-Muslim bigotry.

Amicus Briefs In Snyder v. Phelps Now Filed With Supreme Court

Last week, the remainder of the amicus briefs in Snyder v. Phelps were filed with the U.S. Supreme Court. (Links to Briefs from SCOTUS Wiki, plus additional amicus brief not linked there.) In the case, the U.S. 4th Circuit Court of Appeals agreed with the Westboro Baptist Church and its leaders that a $5 million judgment against them growing out of their picketing of the funeral of Iraq veteran Matthew Snyder violated their free speech rights. (See prior posting.) Fifteen amicus briefs have been filed-- 5 supporting Matthew Snyder's family, 7 supporting Westboro Church's rights, and 3 in support of neither party. Yesterday's York (PA) Daily Record reports on why the 7 groups supported Westboro even though they strongly disagreed with the substance of its message.

Sweden's New Education Law Restricts Confessional Schools and Home Schooling

Yesterday's Washington Times reports that a new education law enacted in Sweden last month will limit both home schooling and religious practices in "Confessional schools." The aim of the new law is to make schools across Sweden more uniform in offering a comprehensive and objective education. Home schooling will be banned other than in exceptional circumstances such as health reasons of distance from a school. The law also requires Sweden's religious schools to follow the same curriculum as secular schools and requires them to make all religious activities, including prayer and chapel services, optional. It is expected that families will challenge the new law in Swedish and European courts.

Recent Articles and Books of Interest

From SmartCILP & elsewhere:

• Michael L. Gompertz, Lawsuit Challenges Income Tax Preferences for Clergy, Tax Notes, July 5, 2010, pp. 81-94.
• Adam J. MacLeod, A Non-Fatal Collision: Interpreting RLUIPA Where Religious Land Uses and Community Interests Meet, [Abstract], 42 Urban Lawyer 41-93 (2010).
• Roederick C. White, Sr., How the Wheels Come Off: The Inevitable Crash of Irreconcilable Jurisprudence Laws Based On Orthodox Judeo-Christian Theology in a Pluralistic Society, 37 Southern University Law Review 127-183 (2009).
• Symposium. Intelligent Design and the Constitution. Articles by Patrick T. Gillen, Jay D. Wexler, Francis J. Beckwith, Elias Carr, Peter M.J. Hess, Russell F. Pannier, Thomas D. Sullivan, Casey Luskin, Joshua Rosenau and David K. DeWolf. 4 University of St. Thomas Journal of Law & Public Policy 1-353 (2009).

New Books:

• Jeffrey Ostler, The Lakotas and the Black Hills: The Struggle for Sacred Ground, (Penguin Library of American Indian History, July 2010).
• Hubert Wolf, Pope and Devil: The Vatican's Archives and the Third Reich, (Harvard Univ. Press, May 2010).
• Halyna Hryn, Churches and States: Studies on the History of Christianity in Ukraine, (Harvard Univ. Press, Sept. 2010).
• Mark Valeri, Heavenly Merchandize: How Religion Shaped Commerce in Puritan America, (Princeton Univ. Press, July 2010).

Recent Prisoner Free Exercise Cases

In Farrow v. Wrenn, 2010 U.S. Dist. LEXIS 70813 (D NH, July 14, 2010), a New Hampshre federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 68507, June 9, 2010), and allowed a Native American inmate to proceed with official capacity claims asserting 1st Amendment and RLUIPA violations. Plaintiff was not able to fully practice his Lakota religion because he needed weekly access to smudging herbs, the pipe, knicknick, and tobacco, and an opportunity to practice drumming.

In Swetokos v. Allen, 2010 U.S. Dist. LEXIS 68429 (SD FL, July 8, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 68450, June 7, 2010), and dismissed a complaint by a Buddhist (who was now out of jail) that he was denied a vegan diet. Authorities refused to provide the religious diet until the inmate documented his religious affiliation.

In Hamlin v. Smith, 2010 U.S. Dist. LEXIS 69205 (D CO, July 12, 2010) a Colorado federal magistrate judge dismissed 1st Amendment and RLUIPA claims by a Wiccan inmate. Plaintiff claimed that the prison failed to post notices of Wiccan services, that he was denied ritual tools and supplies, that the Wiccan group was forced to meet outside in cold weather, and that he feared retaliation for practicing his religion.

In Washington v. Brown, 2010 U.S. Dist. LEXIS 68986 (ED CA, July 10, 2010), a California federal magistrate judge recommended that a Muslim inmate be permitted to go to trial on his claim that his rights under the 1st Amendment and RLUIPA were violated when he was prevented for over two weeks in 2004 from participating in the Ramadan fast.

In Kindred v. Department of Mental Health, 2010 U.S. Dist. LEXIS 68851 (ED CA, June 17, 2010), a California federal magistrate judge ruled that a civil detainee may move ahead with his free exercise and RLUIPA claims that he did not have access to a Protestant chaplain, that a spiritual book of his was destroyed and that he was denied a prayer rug.

In Cain v. Caruso, 2010 U.S. Dist. LEXIS 70136 (ED MI, July 13, 2010), a Michigan federal district court adopted the recommendations of a federal magistrate (2010 U.S. Dist. LEXIS 69873, May 24, 2010) and dismissed a parolee's complaint that he was required to attend a religious-based substance abuse program as a condition of his parole. The court held that plaintiff's parole agent had absolute immunity for the testimony at plaintiff's parole proceeding. More broadly the court found no Establishment Clause violation because plaintiff was offered a secular alternative when authorities learned of his objections. Plaintiff refused it because of its distance from his home.

In Hunter v. Knapp, 2010 U.S. Dist. LEXIS 70328 (SD IL, July 13, 2010), an Illinois federal district court dismissed plaintiff's claims that while detained in jail, there were only Christian services and not Muslim ones, and that the jail did not allow inmates in segregation to worship with inmates from general population. The court held that plaintiff's religious beliefs were accommodated.

In Tucker v. Johnson, 2010 U.S. Dist. LEXIS 71249 (ND MS, July 15, 2010), a Mississippi federal district court rejected plaintiff's complaint that while in protective custody in jail, that plaintiff had requested, he was kept in his cell while other prisoners were at Sunday worship services.

In Sowemimo v. Bader, 2010 U.S. Dist. LEXIS 71181 (SD IL, July 15, 2010), an Illinois federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 71135, May 11, 2010) and dismissed for failure to exhaust administrative remedies plaintiff's claim that his prayer rug was confiscate, he was denied access to Islamic chapel services, and was not provided with post-fast meals during Ramadan.

Anti-Abortion Picketers Rights Violated When Ordrered To Put Down Graphic Signs

In Lefemine v. Davis, 2010 U.S. Dist. LEXIS 68725 (D SC, July 8, 2010), a South Carolina federal district court enjoined Greenwood County (SC) sheriff officials from imposing content-based restrictions on graphic anti-abortion depictions on signs carried by a Christian anti-abortion group. When the group picketed at the busiest intersection in the county, law enforcement officials ordered them to put down the signs because they were disturbing to young people. The court concluded that this amounted to a content-based restriction that was not narrowly tailored to further the compelling interest of protecting children. It therefore violated the free speech and assembly rights as well as the free exercise rights of the picketers from Columbia Christians for Life.

Court Says Mother's Religious Practices Inadmissible In Custody Dispute

Applying the rule that "a parent's religious beliefs and practices may not be considered by the trial court as a basis to deprive [a] parent of custody unless there is a showing of actual harm to the health or welfare of the child," a Kansas appellate court, in a 2-1 decision, has rejected a Muslim father's objections to granting of residential custody to his son's mother because of her practices as a Jehovah's Witness. In Harrison v. Tauheed, (KS Ct. App., July 16, 2010), Adiel Tauheed (who never married Monica Harrison, the mother of J.D.H.) argued that Monica's beliefs regarding blood transfusions threatened J.D.H.'s welfare in the future. He also argued that Monica's door-to-door proselytizing with J.D.H. was injurious to his welfare; that Jehovah's Witnesses refusal to celebrate birthdays, various holidays and salute the flag has led to social alienation; and that teachings regarding non-Jehovah's Witnesses are leading to parental alienation.

Judge Caplinger dissented, arguing that the trial court "erroneously concluded it could not consider factors relating to a parent's religious practices, even if those practices adversely impacted the child's interests."

Nevada Senate Candidate Sees Her Run As Religious Mission

Today's Las Vegas Sun describes the strong religious element in the U.S. Senate campaign of Republican Sharron Angle, who is seeking to unseat Senate majority leader Harry Reid. Angle has described her efforts as a calling from God. Angle also believes that religion should play a much more expansive role in government. The Sun article claims her views parallel those of Christian Reconstructionism.

Ministerial Exception Applied To Dismiss Prof's Racial Discrimination Claims

In Adams v. Indiana Wesleyan University, 2010 U.S. Dist. LEXIS 71403 (ND Ind., July 15, 2010), an Indiana federal district court applied the ministerial exception to dismiss a Title VII racial discrimination claim filed against a religiously-sponsored university by a former faculty member. Janice B. Adams, an African-American, was employed by Indiana Wesleyan University for 17 years as a Professor and Chair of the Social Work Department. The University describes itself on its website as "an evangelical Christian comprehensive university that is committed to liberal arts and professional education." Adams, who often clashed with her supervisor, claims she was subjected to severe and pervasive racial discrimination that led to her resignation. In dismissing her claim, the court said:

[W]hile Adams may very well have been free to present and discuss secular topics and issues in her classroom, it is also true that she was charged with incorporating the doctrine of the Wesleyan Church into her curriculum.... The fact that she claims she was forced to resign as a result of pervasive racial harassment as opposed to any sort of doctrinal or theological dispute does not take this case outside the parameters of the ministerial exception.

Scholar's Report Outlines To Canadian Court The Harms of Polygamy

As previously reported, in the Canadian provice of British Columbia the attorney general is asking the B.C. Supreme Court to rule on whether the province's anti-polygamy law is consistent with the Charter of Rights and Freedoms. Today's Vancouver Sun reports that a 45-page research paper by Canadian scholar Joseph Henrich has been filed with the court. The report concludes that polygamy increases crime, prostitution and anti-social behavior, increases inequality between men and women, results in less parental investment in children and in a general driving down of the age of marriage for all women.

Sikh Temple Must Be Removed For Violation of Restrictive Covenant

In Bollier v. Austin Gurdwara Sahib, Inc., (TX App., July 9, 2010), a Texas appellate court held that building of a Sikh Temple violated a subdivision's restrictive covenant that limited land use to single family dwellings. The Temple originally operated from a mobile home, but a new $150,000 building was constructed after the trial court rejected a challenge to it. The Court of Appeals reversed the trial court and remanded ordering entry of a permanent injunction barring construction of and ordering removal of the newly constructed Temple. Punjab Newsline Network today reports on the decision, saying that Sikhs are "shocked and outraged" at the order requiring the only Sikh temple in Austin, Texas be torn down.

India Party Leader To Appear On Charges of Depicting Herself As Goddess Durga

The Times of India today reports that a court in the city of Muzaffarpur has ordered India National Congress Party leader Sonia Gandhi to appear on charges that she hurt religious sentiments by depicting herself as the goddess Durga on a party poster in 2007. Two other Party officials have also been ordered to appear in court the same day. A similar complaint has already been dismissed by another court in 2008.

Bus Driver Sues After Being Fired For Refusing To Take Women To Planned Parenthood

Yesterday's Austin American-Statesman reports that a former bus driver has filed suit in federal court in Austin, Texas against the Capital Area Rural Transportation System claiming religious discrimination in employment. The bus system provides pickup on request for residents in rural areas. Driver Edwin Graning, who is also an ordained Christian minister, was fired after he refused to transport two women to a Planned Parenthood clinic because he thought he might be taking them to have an abortion. Graning claims CARTS had an obligation to accommodate his religious beliefs opposing abortion.

Group Calls For Painting To Be Removed From Show At Sacramento Law Library

The Sacramento (CA) Public Law Library is hosting an art show sponsored by California Lawyers for the Arts. According to today's Sacramento Bee, the 63-piece display, titled "A Creative Merger II: Justice and Peace," has generated complaints from the Pacific Justice Institute which says that a multi-media piece, "Moral Values", is anti-Christian. It shows a Bible with a label across the cover reading "Warning! May Impair Judgment." PJI is calling for removal of the painting, saying: "The purpose of the message is to directly attack and demean the foundation of the Christian faith. If this had been another faith, there would be outrage." The same artist also has two other entries in the show-- about the Middle East and Bosnia-- that are admittedly anti-religious.

DC Appellate Court Upholds Refusal To Allow Initiative On Defining Marriage

In Jackson v. District of Columbia Board of Elections and Ethics, (DC Ct. App., July 15, 2010), D.C.'s highest appellate court [corrected], in a 5-4 decision, upheld the Board of Elections and Ethics refusal to accept a petition seeking an initiative vote on a proposed amendment to D.C. statutes to bar the recognition of same sex marriages. The majority concluded:

The Council acted within its authority under the CAA [Charter Amendment Act] and the Home Rule Act in enacting the Human Rights safeguard of the IPA [Initiative Procedures Act] and in directing the Board not to accept initiatives that contravene that safeguard. Because appellants' proposed initiative would authorize, or have the effect of authorizing, discrimination on a basis prohibited by the Human Rights Act, it was not a proper subject of initiative. Therefore, the Board acted lawfully in refusing to accept the initiative on that basis.

A dissenting of 4 judges opinion argued that D.C City Council exceeded its authority when it imposed the "Human Rights Act limitation" on the right of initiative. [See prior related posting.]

Vatican Issues New Document on "Grave Delicts"

AP reports that the Vatican yesterday issued a new set of guidelines on handling of clergy sexual abuse claims and other "grave delicts." The document (full text) mostly codifies present practice. It extends the statute of limitations to 20 years, and provides for a possible extension beyond that on a case by case basis. It includes child pornography as well as sexual abuse as a grave crime. Critics were unhappy with the new document because it does not address the obligation of bishops to report abuse to civil authorities, does not provide for punishment of those who cover up abuse, and does not include a "one strike and you are out" policy. The document also classifies the ordination of women as a grave crime, subject to the same procedures as sex abuse claims, and also covers canonical crimes such as desecrating the Eucharist, violating the seal of the confessional, apostasy, heresy and schism.

10th Circuit: Ministerial Exception Covers Hostile Work Environment and Equal Pay Act Claims

In Skrzypczak v. Roman Catholic Diocese of Tulsa, (10th Cir., July 13, 2010), the 10th Circuit applied the "ministerial exception" to dismiss gender and age discrimination claims brought by the director of the Department of Religious Formation of the Tulsa Diocese. The court held that the ministerial exception doctrine applies to hostile work environment claims against a church brought under Title VII as well as to Equal Pay Act claims. [Thanks to Steven H. Sholk for the lead.]

Texas Survey Shows Dissatisfaction With State School Board Curriculum Battles

Texas Freedom Network on Tuesday released the results of a state-wide survey conducted in May that showed most Texans want an end to the divisive curriculum battles that have been a part of the operations of the Texas State Board of Education. (See prior posting.) 72% of likely voters want teachers and scholars, not politicians, to be responsible for writing curriculum standards. 68% of those surveyed say that separation of church and state is a key constitutional principle, but 49% want religion to have more influence in public schools. 55% oppose publicly funded vouchers that permit students to attend private religious schools. Wall of Separation also reports on the survey.

Court Rejects Religious Challenge To Social Security Numbers

In Hill v. Promise Hospital of Phoenix, Inc., 2010 U.S. Dist. LEXIS 68884 (D AZ, July 7, 2010), an Arizona federal district court rejected plaintiff's complaints about federal laws that require him to provide a potential employer with a social security number. He says that defendant hospital refused to hire him because he would not comply with that requirement. Plaintiff claims that a social security number is an asset of a state-sponsored religion in violation of the Establishment Clause, and that a social security number is the "mark of the beast," the forced use of which violates his right to privacy. In the lawsuit, plaintiff sought to enjoin the federal government from enforcing the laws that require use of a social security number. The court dismissed those claims on sovereign immunity grounds. Insofar as they were based on a religious discrimination claim under Title VII of the 1964 Civil Rights Act, the court found that the federal government's actions did not interfere with plaintiff's employment opportunities. Also plaintiff failed to sue within 90 days after receiving a right to sue letter from the EEOC. Additionally the court concluded that granting relief would involve the interfering with the collection of taxes in violation of the federal Anti-Injunction Act.

Church Leader's Conviction For Simulating Legal Process Is Upheld

In Runningwolf v. State of Texas, (TX App., July 12, 2010), a Texas state appellate court upheld the conviction of Michael Runningwolf for "simulating legal process." Runningwolf, who headed a local church, delivered a document styled "Non-Statutory Abatement" to Helen Coleman who had been awarded custody of three children, one of whom was her grandchild and another of whom was a great nephew. Other relatives, who belonged to Runningwolf's church, disliked the fact that Coleman had custody. The 10-page long Abatement was an attempt to undermine the state's custody order and convince those receiving it to submit the issue of custody to an ecclesiastical court in Texas. The court held that the evidence supported the conviction. The court also rejected the argument that the court lacked jurisdiction because the case involved internal church affairs. The court dismissed that claim because the person receiving the Abatement was not a member of Runningwolf's church.

Spainish Archbishop Says New Abortion Law Should Be Defied

In Spain, Catholic Archbishop Francisco Gil Hellin of Burgos has called for civil disobedience to defy the country's new abortion law that took effect this month. According to CNA yesterday, Hellin said in a letter:

Let’s be clear: this law is not a law, although it is presented as such by some politicians and lawmakers. It is no law because nobody has the right to take the life of an innocent human being. For this reason it is not obligatory. Moreover, it demands direct opposition without distinction.

The new law allows abortion without restriction in the first 14 weeks of pregnancy, and allows 16 and 17 year olds to obtain an abortion without parental consent, though it requires parental notification. Suit has been filed in Spain's Constitutional Court to challenge the 14-week provision. (Yahoo! Health).

Justice Department Sues To Enjoin Fraudulent Church Tax Scheme

The U.S. Department of Justice announced yesterday that it has filed suit to enjoin a Utah man from continuing to operate a church-based tax fraud scheme. The civil complaint (full text) in United States v. Hartshorn, (D UT, filed 7/12/2010) was filed against Kevin Hartshorn, head of the Church of Compassionate Service. It alleges that Hartshorn tells its members that they can avoid federal income tax by becoming "ministers" of the church and taking a supposed vow of poverty. They transfer their property to the Church, but in fact the "ministers" maintain access to their funds. AP reports on the case.

Israeli Police Arrest, Release, Women's Rights Leader For Allegedly Reading Torah At Western Wall

Monday's Jerusalem Post reported that Israeli police released Anat Hoffman, the head of the Women of the Wall prayer group, after she was taken into custody on charges of violating a High Court ruling barring women from reading the Torah at the Western Wall in Jerusalem. Women of the Wall organizes women's prayer groups at the Wall each month on Rosh Hodesh (the beginning of the new month). Hoffman's supporters say she was not reading from the Torah, but only holding it-- which is permitted under the High Court ruling-- when Kotel Police tried to take the Torah from her. A statement by the Masorti (Conservative) Movement criticized the strictly Orthodox haredim for turning the Western Wall from a national monument into "a synagogue that is managed according to fundamentalist views." Under Orthodox views, only men may read from the Torah at worship services. [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

French National Assembly Votes To Ban Burqa Anywhere In Public

The lower house of France's parliament, the National Assembly, yesterday passed a bill to outlaw the wearing of garments such as the niqab and burqa anywhere in public. BBC News reports that the ban on the full-face Islamic veil passed by a vote of 335-1 with with 221 members not voting. Many members of the opposition Socialist Party, who wanted the ban limited to public buildings, abstained rather than voting no under pressure from supporters of the bill. The Senate must also approve the bill before it becomes law. A vote is expected in September. Under the bill, women who wear a full-face veil will be fined up to 150 Euros ($188), while men who force their wives to wear a burqa face a fine of 30,000 Euros ($37,700) and one year in jail. Only around 2000 women in France wear the burqa, though many French Muslims oppose the new law. The Council of State says the new law may be unconstitutional. Meanwhile a French businessman, Rachid Nekkaz, who thinks the law is unconstitutional says he will set up a fund of 1 million Euros to help women who violate the law pay their fines.

Appeal To 9th Circuit Filed In Challenge To Religion At Community College

An appeal was filed with the 9th Circuit yesterday in Westphal v. Wagner, a federal lawsuit against California's South Orange County Community College District challenging the practice at Saddleback College in Mission Viejo of opening various sorts of official events-- some of them mandatory for students-- with prayers. (See prior posting.) In May, a federal district court denied a preliminary injunction against invocations at this year's graduation ceremonies. (See prior posting.) Plainitiffs' brief (full text) before the 9th Circuit argues that the district court incorrectly denied an injunction. Opposing Views reports on the appeal.