Last Catholic Adoption Agency In Britain Loses Attempt To Operate Without Placements To Same-Sex Couples

Today's London Telegraph reports that the last Catholic adoption agency operating in Britain has lost its attempt to continue to operate while refusing to place children with same-sex couples. Since the Equality Act Sexual Orientation Regulations came into effect (see prior posting), eleven Catholic adoption agencies have either closed down or severed their ties with the church. Catholic Care was the last hold out and had hoped to obtain an exemption. Britain's Charity Commission, ruling in a case that was on remand after an earlier appeal to the High Court (see prior posting), held that the Catholic agency did not have strong enough reasons to justify the request that it be allowed to limit its services. In its decision (full text) dated July 21, but only published today, the Charity Commission said that it "recognises the valuable work carried out by the charity and regrets that the charity consider that, if it is unable to discriminate, it will have to close its adoption service." Catholic Care says it will now seek to register as an adoption support agency to serve adoptees who are seeking information about their background and also to support parents already approved by the agency. The Charity Commission today also issued a release summarizing its decision.

10th Circuit Says Utah Highway Patrol Cross Memorials Violate Establishment Clause

In American Atheists, Inc. v. Duncan, (10th Cir., Aug. 18, 2010), the U.S. 10th Circuit Court of Appeals held that the Utah Highway Patrol Association violated the Establishment Clause when it put up on public land some 13 crosses, each 12 feet high, as memorials to Utah Highway Patrol members who were killed in the line of duty. The court concluded that the Christian crosses,as permanent displays on government land, were government speech, even though the UHPA, a private group, retained ownership of the memorials. The court went on to find that the memorials violated the Lemon test because "the cross memorials would convey to a reasonable observer that the state of Utah is endorsing Christianity."  The court said:

We agree that a reasonable observer would recognize these memorial crosses as symbols of death. However, we do not agree that this nullifies their religious sectarian content because a memorial cross is not a generic symbol of death; it is a Christian symbol of death that signifies or memorializes the death of a Christian....

The court also was unpersuaded by the argument that a reasonable observer would not see the crosses as an endorsement of Christianity because a majority of Utahans are Mormons and do not revere the cross as a symbol of their faith. (See prior related posting.) Yesterday's Christian Science Monitor reported on the decision.

Australian Judge Says Witness Cannot Wear Niqab

In a widely followed case in Perth, Australia (see prior posting), a District Court judge has ruled that a female witness may not testify wearing a niqab. However the court will consult with the woman's attorneys about other ways to accommodate her concerns about modesty. The defendant in the case, the former director of the Muslim Ladies College, is charged with stealing public funds by artificially inflating the number of students at his school.  He argued that the jury needs to be able to see the face of the witness, identified only as Tasneem, to assess her credibility. WA Today reports today that after the decision, Tasneem issued a lengthy statement which read in part:

I appreciate my request to wear my niqab in court has stirred much public debate, however, I would emphasise that this was not a demand, I merely asked to dress as I normally would in front of people I do not know.....  Like many Australians I believe in God and for me wearing the niqab serves as a constant reminder that I am accountable for my actions. I respect that other women who share my religion do not share this particular belief and that interpretations surrounding Islamic dress standards do differ. Therefore I understand this can be confusing for non-Muslims as they witness varying degrees of cover and I accept the full cover I choose to wear can be confronting to some.... I regret that this case has ignited the debate as to whether the burqa should be banned in Australia. This would be a step backward for Australia and would only further widen the division between Muslim and non-Muslim Australians.

Maryland Farms Cater To Muslim Immigrants For Slaughter of Goats

Today's Washington Post reports on the booming business-- especially before Ramadan and other feasts-- of farmers in Maryland who sells goats to Muslim immigrants who want to slaughter them in accordance with their own Halal traditions. The federal Meat Inspection Act permits this, so long as the customer buys the animal alive and slaughters it without help from the farmer. Many customers buy a goat and instead of slaughtering it on the farm, take it home for slaughter in their bathtub or garage. However some new modern slaughter houses also cater to Muslims wishing to kill their own animals.

Federal Circuit Says "Church" Satus Under Internal Revenue Code Requires Regular Communal Worship

In Foundation of Human Understanding v. United States, (Fed. Cir., Aug. 16, 2010), the U.S. Court of Appeals for the Federal Circuit held that the Foundation of Human Understanding, while retaining its 501(c)(3) non-profit status, did not qualify as a "church" for purposes of Sec. 170(b)(1)(A)(i) of the Internal Revenue Code.  The court held that in order to meet the definition of a church, a religious organization must show that it has a body of believers who assemble regularly for communal worship. Seminars across the country do not satisfy this test. The Foundation's radio and Internet ministry also were not enough to meet the associational test: "The fact that all the listeners simultaneously received the Foundation’s message over the radio or the Internet does not mean that those members associated with each other and worshiped communally." Failure to meet the definition of a church can subject a non-profit organization to the private foundation rules of IRC Sec. 509. (See prior posting.) Yesterday's National Law Journal reported on the decision. [Thanks to Joel Sogol via Religionlaw for the lead.]

Bosnian Parliament To Consider Ban On Niqab

A release from the Islamic Human Rights Commission (IHRC) published yesterday in BikyaMasr reports that the Central Parliament in Bosnia is about to consider a bill to ban Muslim women from wearing the full face veil in public.  The proposed law, which would fine women 50 Euros for violations, bans clothing that prevents identification.  The bill was initially put forward by the Bosnian Serb party of Independent Social Democrats in April and had been scheduled for debate in July.  That debate was postponed to Sept. 1 when a veiled female human rights activist attended the July session of Parliament as an observer. Opponents are campaigning against the bill, using the slogan: "Our Niqab, Our Choice, Our Right." IHRC argues that the proposed ban violates the International Covenant on Civil and Political Rights.

Senate Follows House In Adopting Resolution On Religous Minorities In Iraq

The U.S. Commission on International Religious Freedom yesterday issued a release applauding the U.S. Senate's Aug. 5 adoption of S. Res. 322, expressing concern about the plight of religious minorities in Iraq. The House of Representatives adopted a similar resolution, H.Res. 944, last February.

Establishment Clause Challenge To Illinois Capital Appropriations Bill Fails

In Sherman v. Quinn, 2010 U.S. Dist. LEXIS 83313 (CD IL, Aug. 16, 2010), an Illinois federal district court has dismissed both facial and as-applied Establishment Clause challenges to Illinois 2009 capital appropriations bill.  Activist Rob Sherman had sought to enjoin appropriations to 176 groups. (See prior posting). After dismissing some of the claims on 11th Amendment grounds, the court held that plaintiff lacks taxpayer standing to mount a broad facial challenge to the legislature's appropriation of $2.23 billion for the governor to distribute to community-based human services providers. Plaintiff argued merely that the law might be administered unconstitutionally. The court rejected plaintiff's as-applied challenge to 176 specific line items because no funds have yet been expended. Finally the court rejected plaintiff's facial challenge to those line items, finding that they meet the Lemon test for secular purpose and effect and no excessive entanglement. The court concluded: "If, after the money in these provisions has been disbursed, Plaintiff discovers that something potentially unconstitutional is underfoot, he may raise an as-applied challenge to the provisions."

Dearborn, MI High School Football Coaches Accommodate Ramadan

At Dearborn, Michigan's Fordson High School, where 95% of the football team's players are Muslim, coach Walter Zaban has made some unusual changes to the practice schedule to accommodate the Ramadan fasting by his players. The Detroit News reported last week that most of last week's practices began at 11:00 p.m. so coaches and players could eat and drink and complete their meals about an hour before starting their practice. At Dearborn High School, where a smaller percentage of players are Muslim, practices have been rescheduled to run from 5:00 p.m. to 10:30 p.m. Some of the players say they do not fast on actual game days, and make that up by fasting extra days after the end of Ramadan.

Missouri Federal District Court Strikes Down MO Funeral Picketing Law

In Phelps-Roper v. Koster, (WD MO, Aug. 16, 2010), a Missouri federal district court ruled that Missouri's statutes barring protests near a funeral are unconstitutional. Missouri enacted two versions of the statute-- the narrower version to take effect if the broader version is declared unconstitutional. The court concluded that both versions violated the free speech rights of members of the Westboro Baptist Church who picket funerals of U.S. soldiers carrying signs opposing homosexuality and other conduct the picketers deem sinful. The court rejected the argument that all the signs carried by Westboro members are unprotected "fighting words." AT least some of the messages are entitled to First Amendment protection. The court concluded that the state law is not narrowly tailored to serve a significant governmental interest. The outcome in this case was signaled by a 2007 decision of the Eight Circuit in the same case holding that plaintiff was entitled to a preliminary injunction because she had demonstrated a fair chance of succeeding on the merits of her claim. (See prior posting.) AP reports on Monday's decision.

North Carolina Appeals Court Says Presbyterian College's Police Force Violates Establishment Clause

In State of North Carolina v. Yencer, (NC App., Aug. 17, 2010), the North Carolina Court of Appeals held that the campus police force at religiously-affiliated Davidson College is unconstitutional because it violates the Establishment Clause for the state to delegate discretionary police powers to a religious institution. The holding came in response to a motion by a defendant in an impaired driving case who sought to suppress evidence obtained by campus police officers.  In reaching its conclusion, the Court of Appeals indicated it felt bound by two earlier North Carolina Supreme Court decisions that had reached a similar result as to the police forces at Campbell University and Pfeiffer University. The court expressed doubt whether it would have reached the same conclusion regarding Presbyterian Church affiliated Davidson College if it were not bound by state Supreme Court precedent.  It cited U.S. Supreme Court cases upholding grants to church-affiliated colleges that are not pervasively sectarian.  The Court of Appeals encouraged the state Supreme Court to grant review to consider the case without the constraints of precedent faced by the court of appeals. North Carolina's Campus Police Act under which the Davidson College police force was certified was enacted by the legislature specifically to assure that colleges originally established by or affiliated with religious institutions could have police forces. Yesterday's Raleigh (NC)News & Observer reported on the court's decision.

Court Rejects Challenge By Donors and Diocese To Plans For Sale of Catholic High School

In Anderson v. Loretto High School, (CA App., Aug. 10, 2010), a California appellate court concluded that the Roman Catholic Bishop of Sacramento and seven donors to a $4.5 million capital campaign of a Catholic high school are  not entitled to a temporary restraining order or preliminary injunction to require the proceeds of the sale of the school to a private company to be held in escrow.  The Loretto Sisters who operated the school plan to use the proceeds of the sale to pay off debts and provide retirement benefits for members of their religious order.  The school closed because of declining enrollments several years after the capital improvements were made. Plaintiffs sued to require that a portion of the sale price of the school be devoted to the education of women of high school age attending Catholic school in Sacramento. The court concluded that plaintiffs had not shown they were likely to succeed on the merits of their claims under the California non-profit corporation law. There was no showing that donors had intended their contributions to be restricted beyond their initial application to capital improvements of the school.  There was no improper diversion of those contributions. Today's California Catholic Daily reports on the decision and gives additional background.

Christian Student Disrupts Muslim Worship At Nigerian University

A Christian law student at Nigeria's University of Ibadan has created a campus furor by intruding on a Muslim worship service shouting that those in attendance should accept Jesus.  Next reports that the incident occurred last Friday, the first Friday of Ramadan, at a Jumat service led by the university's Chief Imam. The female law student, Seun Bunmi Adegunsoye, entered the service dressed like a Mulim and began shouting: "Except you accept Christ in your life, you are not safe.... Allah is not God; Jesus is Lord." The University's Vice Chancellor quickly intervened to calm tensions and promised a full investigation. However the president of the University's Muslim Student Society says the incident was an attempt to perpetuate a religious crisis in Nigeria. He objects to the release of Ms. Adegunsoye to her parents, saying: "The terrorist is let loose despite the heinous crime she had committed." Muslim students are planning a protest and are demanding that examinations, scheduled to begin at the Law School yesterday, be postponed until Ms. Adegunsoye is brought to justice.

Heated Debate on 10 Commandments Proposal At Marion, IL City Council

WSIL TV News today reports on a rather heated exchange last night at a meeting of the Marion, Illinois City Council.  A large crowd came to the meeting to support a proposal by Marion resident Ken Kessler who wants a Ten Commandments monument to be placed on the town's Tower Square. Chicago atheist and activist Rob Sherman, who has filed lawsuits on other church-state issues (see prior posting), showed up to oppose the idea. Responding to Sherman's opposition, Council member Jay Rix said: "You make me sick to my stomach." Supporting the Ten Commandments proposal, Mayor Bob Butler said: "In God's will this will be done." Opponent Sherman says that if the city tries to sell off a portion of the town square to make it private property before erecting the monument, he may attempt to outbid supporters so he could put up a monument supporting atheism. Sherman wants the Ten Commandments monument put up only on church or other private property.

Sen. Reid Opposes Ground Zero Mosque As Republicans Make It A Campaign Issue

Republicans are making a campaign issue out of President Obama's statement (see prior posting) that Muslims have the right to build a mosque and community center near New York's Ground Zero. The Los Angeles Times reports yesterday that Senate majority leader, Nevada Sen. Harry Reid, responded to demands of his Republican opponent, Sharron Angle, that he take a stand.  Yesterday he issued a statement through an aide reading:

The 1st Amendment protects freedom of religion. Sen. Reid respects that, but thinks that the mosque should be built someplace else.

By issuing the statement as an e-mail from an aide, Reid avoided giving Republicans video of his openly disagreeing with President Obama who has raised millions of dollars in campaign funds for Reid. Meanwhile, Fox News reports yesterday that Republicans are now targeting Republican Sen. Charles Schumer for not speaking out on the issue.

9th Circuit Stays Order Striking Down Proposition 8; Seeks Briefing On Standing

The U.S. 9th Circuit Court of Appeals today in Perry v. Schwarzenegger entered an order (full text) granting a stay during the appeal process of the district court's order that enjoined enforcement of California's Proposition 8. (See prior posting.) The court also ordered that the appeal be expedited and that it be scheduled for argument during the week of December 6, 2010.  Finally, it ordered appellants to include in their opening brief a discussion of why the appeal should not be dismissed for lack of standing.  The stay means that same-sex marriages will continue to be banned in California, at least until the federal appeals court rules in the case.  The San Francisco Chronicle, reporting on the decision, said that several counties had been planning to keep clerks' offices open late on Wednesday to handle the expected rush of same-sex couples seeking to be married. [Thanks to Empty Wheel for posting the text of the order.]

Israeli Court In Middle of Dispute Over Removal of Tombstones From Area Said To Contain No Graves

According to last Friday's New York Times, in Israel last week, a Jerusalem district court initially agreed with the city and the Israel Antiquities Authority that the Aqsa Foundation had placed tombstones on top of an area of the former Ma'man Allah Cemetery where there were no graves in an attempt to prevent construction by the Simon Wiesenthal Center of a Museum of Tolerance. When the project was announced, Muslim objections were voiced because the parking lot which was the site of the proposed building had nearly a century ago been part of a Muslim cemetery. (See prior posting.)  The Wiesenthal Center says there are no human remains in the part where it plans to build. With the consent of the city, the Aqsa Foundation has been restoring an adjacent area.  Apparently the Foundation brought 300 tombstones into the Wiesenthal Center construction area, outside the portion on which the Foundation was supposed to be working. Last Monday, with consent by the court, city authorities began to clear out those tombstones. A Muslim sheik tried to stop the work and was injured. The Foundation went back to court last Wednesday and on Thursday the court called on both sides to return with further evidence.

Tanzanian Court Dismisses Illegal Preaching Charges Against Two Evangelists

BosNewsLife reports that a court in Dar Es Salaam, Tanzania yesterday dismissed charges of "illegal preaching" against two Anglican evangelists who have been held since October 2009.  Apparently Muslims invited evangelists Eleutery Kobelo and Cecil Simbaulanga to engage in a religious debate in a neutral venue in Dar Es Salaam. When they arrived, however, security agents arrested them. Apparently no prosecution witnesses showed up in court to support the charges, so the case was closed.

New North Carolina Law Allows 2 Excused School Absences For Religious Holidays

Yesterday's Charlotte (NC) Observer reports on a new law signed last month by North Carolina's governor that requires public schools and colleges in the state to adopt rules giving students a minimum of two excused absences each academic year for religious observances required by the student's faith.  Session Law 2010-112 allows schools to require prior written notice of absences for religious reasons, and requires that students be given an opportunity to make up tests and other work missed due to an excused absence for a religious observance. Rep. Rick Glazier, who co-sponsored the bill, says: "It has to be a bona fide holiday; you don't get to just take the day off because you want to pray at home."

Recent Articles of Interest

From SSRN:

• Toni M. Massaro, Christian Legal Society v. Martinez: Six Frames, (Arizona Legal Studies Discussion Paper No. 10-27, Aug. 12, 2010).
• Geoffrey P. Miller, Nomadism, Dependency, Slavery and Nationhood: Comparative Politics in the Book of Exodus, (NYU School of Law, Public Law Research Paper No. 10-49, Aug. 11, 2010).
• Geoffrey P. Miller, Leadership, Self-Governance and Nationhood in the Hebrew Bible, (NYU School of Law, Public Law Research Paper No. 10-50, Aug. 11, 2010).
• Geoffrey P. Miller, Revelation and Legitimacy in the Hebrew Bible, NYU School of Law, Public Law Research Paper No. 10-52, Aug. 12, 2010).
• Charles J. Russo & William E. Thro, Preserving Orthodoxy on Secular Campuses: The Right of Student Religious Organizations to Exclude Non-Believers, (Education Law Reporter, Vol. 250, p. 497, January 2010).

Suit Challenges Library Meeting Room Rules

Last week, Ilene Vick, author of the book Personality Based Evangelism, filed a federal lawsuit against the Putnam County, Tennessee Library challenging its rules on use of its meeting rooms. The complaint (full text) in Vick v. Putnam County, (MD TN, filed 8/12/2010), alleges that plaintiff was denied use of the Library's meeting room to hold a small group discussion on the ideas in her book. Library rules an use of meeting rooms for "social, political, partisan or religious purposes." The lawsuit claims that the policy infringes plaintiff's free speech rights, as well as her due process and equal protection rights. It claims tat the policy is unconstitutionally vague and overbroad, and discriminates on the basis of the content of speech and the viewpoint of the speaker. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Recent Prisoner Free Exercise Cases

In Nelson v. Runnels, 2010 U.S. Dist. LEXIS 82080 (ED CA, Aug. 11, 2010), a California federal magistrate judge recommended denial of defendants' motion for summary judgment, concluding that genuine issues of material fact remain as to an inmate's First Amendment claims that he was denied the right to attend religious services on two occasions in retaliation for his filing administrative grievances. Prison authorities say he did not sign up to attend as required by prison regulations.

In Myers v. Scribner, 2010 U.S. Dist. LEXIS 81962 (SD CA, Aug. 10, 2010), a California federal district court adopted recommendations of a magistrate (2010 U.S. Dist. LEXIS 81961, May 24, 2010) and dismissed for failure to exhaust administrative remedies an inmate's complaint that he was not permitted to organize a Christian-based celebratory feast marking the Last Supper to be attended by 800 inmates.

In Sturdevant v. Holder, 2010 U.S. Dist. LEXIS 81184 (ND WV, Aug. 10, 2010), a West Virginia federal court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 81185, Jan. 10, 2010) and dismissed on the merits a Native American inmate's claim that he was hindered in his religious practice of weekly sweat lodge ceremonies, pipe ceremonies, and yearly pow-wow feasts.

In Taylor v. Halladay, 2010 U.S. Dist. LEXIS 81060 (ND NY, Aug. 9, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 81193, July 1,2010)dismissing a prisoner's case. However the magistrate had recommended that plaintiff be permitted to file an amended complaint asserting that his First Amendment rights were violated when because of his administrative confinement in a special housing unit he was unable to attend religious programming.

In Gabriel v. Gusman, 2010 U.S. Dist. LEXIS 80332 (ED LA, Aug. 10, 2010), a Louisiana federal district court adopted a magistrate' recommendations (2010 U.S. Dist. LEXIS 80264, July 16, 2010), and dismissed a Baptist inmate's complaint that the prison offered no religious programs or communal services. Plaintiff has a Bible and is permitted to practice his religion on his own.

In Lewis v. Ryan, 2010 U.S. Dist. LEXIS 80624 (D AZ, July 9, 2010), an Arizona federal district court rejected an inmate's free exercise complaint that he was not allowed to use his retention funds to make a contribution to a charity of his choice. He was allowed to make some donations, and ones of his choice from his spendable account funds.

In Jordan v. Caruso, 2010 U.S. Dist. LEXIS 80487 (WD MI, Aug. 10, 2010), a Michigan federal district court rejected a Jewish prisoner's challenge to the prison's group worship policy that allowed group worship only if at least five prisoners request it and which denied him participation by teleconference in a service elsewhere. However the court permitted plaintiff to move ahead with his challenge to the requirement he work on the Sabbath and rules that mandate he wait 90 days before requesting a new work schedule even for religious reasons. The magistrate's recommendations in the case are at 2010 U.S. Dist. LEXIS 80486, Jan. 28, 2010).

Church Wins In Its RLUIPA and Constitutional Challenges To Zoning Denial

In a lengthy opinion, a New York federal district court in Fortress Bible Church v. Feiner, 2010 U.S. Dist. LEXIS 82043 (SDNY, Aug. 11, 2010), held that the Town of Greenburgh, New York violated RLUIPA's "substantial burden" provisions, as well as the free exercise and equal protection provisions of the U.S. and New York constitutions, in denying an application by Fortress Bible Church to build a new facility to house the church and its school, the Fortress Christian Academy. After making 622 findings of fact, the court found "overwhelming evidence of ... intentional delay, hostility and bias toward the Church's application...." The court ordered town officials to approve the Church's site plan, to grant zoning variances and waivers, and to issue a building permit.

Biblical References In School Board Member's Speech Did Not Violate Establishment Clause

In Rodriguez v. Jurupa Unified School District, (CA App., Aug. 10, 2010), a California state appellate court dismissed an establishment clause claim brought by a member of a school board who was censured by the board for sexual harassment. Plaintiff had claimed that comments by the school board president made when the censure motion was being considered-- comments drawing an analogy to events in the Biblical Garden of Eden-- violated the Establishment Clauses of the state and federal constitutions. The court disagreed, holding that the comments had a secular purpose and effect and did not unduly entangle the government with religion.

Court Orders Mets To Allow Kosher Vendor To Operate On Sabbath While Suit Is Pending

A New York federal district judge on Friday ordered the New York Mets to allow Kosher Sports to sell kosher hot dogs and other items at Friday night and Saturday afternoon games at Citi Field while a lawsuit is pending.  Yesterday's New York Daily News reports on developments in the damage suit brought by the food vendor that says it lost a half million dollars when it was banned from operating on those days. The Mets say the food cannot be kosher if the vendor sells it on the Sabbath. Kosher Sports says it sells food to non-Jews as well under its 10 year contract with the Mets.  According to today's New York Post, the Mets claim any damages were caused by Aramark, another vendor that refused to supply Kosher Sports with carts on Friday nights and Saturdays. In issuing the temporary order, federal district judge Jack Weinstein said he could not get involved in a dispute over rabbinical law. (See prior related posting.) [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Consent Decree Filed In DOJ's Suit Against Restaurant Charging Falun Gong Discrimination

The U.S. Department of Justice announced Thursday that it had filed a consent decree in its religious discrimination action against a Flushing, NY restaurant that ejected ten patrons on three separate occasions in 2008 because they were wearing shirts displaying beliefs of the Falun Gong movement. Lucky Joy Restaurant, Inc. and its president Xiao Rong admit that they refused service to Falun Gong practitioners.  The consent decree, which must still receive court approval, enjoins defendants from discriminating on the basis of religion, religious expression, religious dress or association with Falun Gong. Restaurant staff will also attend training on the legal requirements of non-discrimination in public accommodations, and a non-discrimination policy will be posted in the restaurant in English and Chinese. (See prior related posting.) In China, the government began a campaign in 1999 to ban Falun Gong. (Background).

President Hosts Iftar At White House; Supports Right To Build Mosque Near Ground Zero

Last night, President Barack Obama hosted an Iftar-- a meal to break the Ramadan fast-- at the White House.  In his remarks (full text), the President focused on the importance of faith and religious free exercise in America, and came out in support of the right of Muslim groups to build a controversial mosque and community center near Ground Zero in New York City.  Here are some excerpts from his remarks:

Here at the White House, we have a tradition of hosting iftars that goes back several years, just as we host Christmas parties and seders and Diwali celebrations. And these events celebrate the role of faith in the lives of the American people. They remind us of the basic truth that we are all children of God, and we all draw strength and a sense of purpose from our beliefs.

These events are also an affirmation of who we are as Americans. Our Founders understood that the best way to honor the place of faith in the lives of our people was to protect their freedom to practice religion.....  Indeed, over the course of our history, religion has flourished within our borders precisely because Americans have had the right to worship as they choose -– including the right to believe in no religion at all..... Now, that's not to say that religion is without controversy. Recently, attention has been focused on the construction of mosques in certain communities -– particularly New York.  Now, we must all recognize and respect the sensitivities surrounding the development of Lower Manhattan....

But let me be clear. As a citizen, and as President, I believe that Muslims have the same right to practice their religion as everyone else in this country. (Applause.) And that includes the right to build a place of worship and a community center on private property in Lower Manhattan, in accordance with local laws and ordinances. This is America. And our commitment to religious freedom must be unshakeable. The principle that people of all faiths are welcome in this country and that they will not be treated differently by their government is essential to who we are. The writ of the Founders must endure.

The New York Times reports that leading Republicans quickly criticized Obama's statement and earlier today the President "recalibrated" his remarks, saying:

I was not commenting, and I will not comment, on the wisdom of making the decision to put a mosque there. I was commenting very specifically on the right people have that dates back to our founding. That’s what our country is about.

Clergy Abuse Victims Testify In Wilmington Diocese Bankruptcy Proceedings

In what appears to be a first, seven victims of clergy sexual abuse were called to testify in the bankruptcy proceedings for the Catholic Diocese of Wilmington, Delaware.  Today's Delaware News Journal reports that the testimony came as Bankruptcy Judge Christopher Sontchi is considering whether to lift a stay on lawsuits against the Diocese. Eighty-one civil lawsuits have been filed, and some are on track to go to trial in state court this fall. All seven victims who testified said they wanted to move ahead with litigation and did not trust the Diocese to negotiate in good faith in settlement talks.

Bulgaria Hopes Religious Archeological Find Will Draw Tourists

Today's Wall Street Journal reports that the Bulgarian government is hoping that tourism receives a boost after an archaeological discovery on an island off Bulgaria's Black Sea coast. Archaeologists and clerics say they have found bones belonging to St. John the Baptist, who is particularly revered by Orthodox Christians. The remains, including a skull fragment and a tooth, were discovered during excavation of a 4th century monastery on St. Ivan Island. They were buried next to a small urn inscribed with St. John's name and birth date. Bulgaria's Orthodox Church says they are authentic. The government is spending millions of dollars on items such as a new parking lot and new signs in preparation for a flood of tourists. However a number of countries claim to have bones or body parts of St. John.

British Tribunal Says Council Can Fire Housing Officer For Religious Barrage of Client

In Britain, an employment tribunal has ruled that the London borough of Wandsworth was justified in firing a housing officer who gave a client a half hour lecture telling her that she was ill because she did not have God or faith in her life. Solicitors Journal and BBC News this week report that the Christian employee, Duke Amachree, appealed his dismissal by the Wandsworth Borough Council claiming religious discrimination. The tribunal ruled, however, that Amachree was not treated any differently than a non-Christian having a discussion about non-religious healing would have been. The victim who complained said: "I have nothing against anyone having a religion but I do not expect this barrage at a housing interview."

Youth Pastor Can Proselytize In California Mall

In Snatchco v. Westfield LLC, (CA Ct. App., Aug. 11, 2010), a California appellate court upheld the right of a youth pastor to approach shopping mall patrons to talk with them about religion. Unlike the federal constitution, free speech protections under California's state constitution extend to activity at privately owned shopping malls. The court held that regulations of Westfield's Galleria mall in Roseville are content-based rules that do not withstand strict scrutiny. They prohibit expressive activity not sponsored by or related to the mall or stores in the mall, unless they have been approved in advance by the mall. The court concluded that: "providing a 'stress-free shopping atmosphere' for patrons is not a compelling interest compared to the free speech rights of other individuals at the mall." It found the mall rules to be vague and overbroad and not narrowly tailored even for purposes of intermediate scrutiny.

Suit On Behalf of Monks Challenges Louisiana's Regulation of Funeral Industry

The Institute for Justice announced that yesterday it filed a lawsuit in federal district court in Louisiana on behalf of Saint Joseph Abbey of St. Benedict, Louisiana, to vindicate the right of the monks to make and sell their plain wooden caskets. When the monks opened St. Joseph's Woodworks in 2007, they were immediately warned by the State Board of Embalmers and Funeral Directors that they faced possible fines, jail time and a lawsuit for an injunction. Louisiana Code, RS 37:831(35) defines the business of funeral directing as including any retail sale of caskets. According to Institute for Justice:

Under Louisiana law, it is a crime for anyone but a licensed funeral director to sell “funeral merchandise,” which includes caskets. To sell caskets legally, the monks would have to apprentice at a licensed funeral home for one year, learn unnecessary skills, and pass a funeral industry test. They would also have to convert their monastery into a “funeral establishment” by, among other things, installing equipment for embalming human remains.

Viewing this as an economic liberty issue, Institute for Justice claims that the rules support a cartel of licensed funeral directors who have lobbied the legislature to obtain a lucrative monopoly. Andrew Breitbart also blogs on the case.

Russian Dairy Will Enforce Religious Rules On Employees-- Church Weddings and No Abortions

In Russia, the head of a prominent dairy company says he will fire any employee who refuses to be married in Russian Orthodox Church ceremonies, and will also fire any female employee who has had an abortion.  Reuters, in a report in today's Toronto Sun, quotes the president of Russkoye Moloko, Vasily Boiko-Veliky, who says his company-- with 6000 employees-- was created to promote the Orthodox revival in Russia. The company's milk products, sold in many Moscow supermarkets, are promoted as "ecologically safe." Boiko-Veliky says current married employees have until Oct. 14 to have a Church ceremony, while new employees who are married will have three months to get a Church wedding. As for women who have had abortions, Boiko-Veliky says: "We don’t want to work with killers." Critics say the company's rules violate Russia's constitution and labor laws.

RFRA Defense To Forest Service Permit Requirements For Large Groups Rejected

In a case decided several weeks ago, but which has just become available on LEXIS, a Colorado federal district court rejected a defense under the Religious Freedom Restoration Act to charges of violating U.S. Forest Service regulations requiring a permit for groups of more than 75 individuals on Forest Service land.  United States v. Sowka, 2010 U.S. Dist. LEXIS 80735 (D CO, June 23, 2010), involved conviction and a fine imposed on a member of the Rainbow Family of Living Light. The group gathers annually in undeveloped areas of National Forests to hold a prayer circle for peace and healing of the earth, and to discuss environmental and other issues. Gatherings held around July 4 typically attract thousands. This case grew out of the 2006 gathering at Routt National Forest in Colorado with some 10,000 in attendance. The court rejected defendant's argument that obtaining a permit violates Rainbow Family's religious belief that no individual can speak for the group as a whole. The court concluded that the regulations do not impose a substantial burden on defendant's exercise of religion, and that even if they do, the regulations are the least restrictive means of furthering the government's compelling interest in protecting resources as well as public health and safety. (See prior related posting.)

Suit Seeks Return of State Tourism Grant To Restore Bald Knob Cross

Activist Rob Sherman yesterday filed a lawsuit in an Illinois federal district court seeking to force Friends of the Cross to return to the Illinois Department of Commerce and Economic Opportunity a $20,000 grant it received to replace and install the exterior panels on the 11-foot high Bald Knob Cross in the Ozarks in southern Illinois.(Posting on Sherman's website; AP report). The complaint (full text) in Sherman v. State of Illinois, (CD IL, filed 8/12/2010), contends that the grant violates the federal Establishment Clause as well as Illinois Constitution's Art. I, Sec. 3 (religious freedom) and Art. X, Sec. 3 (no public funds for sectarian purposes). The grant was awarded as part of the state's efforts to promote tourism. (See prior posting).

Court Denies Stay of Prop 8 Decision But Delays Order 6-Days To Allow Appeal

A California federal district court today rejected a motion for a stay pending completion of an appeal of the court's order enjoining enforcement of California's Proposition 8 banning same-sex marriage. (See prior posting.) However the district court did grant a stay until 5:00 p.m. August 18 to permit an appeal on the issue of a stay to the 9th Circuit. In Perry v. Schwarzenegger, (ND CA, Aug. 12, 2010), the district court concluded that none of four factors normally considered in granting a stay weigh in favor of proponents. Those factors are:

(1) whether proponents have made a strong showing that they are likely to succeed on the merits; (2) whether proponents will be irreparably injured absent a stay; (3) whether the stay will substantially injure other interested parties; and (4) whether the stay is in the public interest. 

The city and county of San Francisco, California's governor and its attorney general all opposed a stay. Only the intervenors, who organized the campaign in support of Proposition 8, favored a stay. Focusing on the likelihood of success, Judge Vaughn Walker wrote:

Because proponents filed their motion to stay before the court issued its findings of fact and conclusions of law, proponents do not in their memorandum discuss the likelihood of their success with reference to the court’s conclusions. Neither do proponents discuss whether the court of appeals would have jurisdiction to reach the merits of their appeal absent an appeal by a state defendant.... If, however, no state defendant appeals, proponents will need to show standing in the court of appeals.... Proponents’ intervention in the district court does not provide them with standing to appeal.... The Supreme Court has expressed “grave doubts” whether initiative proponents have independent Article III standing to defend the constitutionality of the initiative. Arizonans for Official English [v. Arizona], 520 US at 67.

The Los Angeles Times reports on the decision and says that the Proponents will appeal immediately to the 9th Circuit.

Russia Refuses To Recognize US Court Order On Return of Jewish Book Collection

According to Interfax today, Russia's Ministry of Foreign Affairs is refusing to comply with an order issued last month by a United Stated federal court requiring the Russian government return a library and archive of Jewish books and manuscripts to the Chabad movement in the United States. (See prior posting.) The Ministry's statement said in part:

The Schneerson library has never belonged to Chabad. It never left Russia and was nationalized because there were no legal heirs in the Schneerson family.... On the contrary, it is American Hasids who must return to Russia seven books from the same collection that they lent from the Russian State Library in 1994 through the U.S. Congress library for two months and have withheld illegally for 16 years now.... Unfortunately, the U.S. judge made an unlawful decision, which cannot be enforced in Russia.... There is no agreement between Russia and the U.S. on mutual recognition and enforcement of civil judgments.

The Ministry's statement said that Russian courts are open to the American Hasidic group to assert its claims.

Imam Leading Efforts To Build Ground Zero Mosque Will Be State Department Speaker In Middle East

At Tuesday's State Department daily press briefing (full text), Assistant Secretary Philip Crowley discussed the travel of Imam Feisal Abdul Rauf, leader of the group planning to build the controversial mosque near Ground Zero in New York City, as part of the State Department's International Information Program.  On the government-sponsored trip, Feisal will visit Qatar, Bahrain, and the UAE to discuss Muslim life and religious tolerance in the United States. The Department sends some 1200 speakers a year overseas on all sorts of topics. Last year 52 of the programs focused on religious tolerance in the U.S. This is Imam Feisal's third trip under the program since 2007. Crowley said that Feisal's "work on tolerance and religious diversity is well-known and he brings a moderate perspective to foreign audiences on what it’s like to be a practicing Muslim in the United States." The State Department bans its speakers from engaging in fund raising on State Department trips. Crowley insisted that the Administration has not taken a position on the proposed Islamic Center near Ground Zero, but it did post the remarks on religious tolerance delivered by Mayor Michael Bloomberg (see prior posting) on a State Department website aimed at foreign audiences. (See prior posting.)

White House Issues Greetings On Start of Ramadan

President Obama yesterday issued a statement (full text) extending best wishes to Muslims in the United States and around the world on the occasion of the start of Ramadan. He said that Ramadan rituals "remind us of the principles that we hold in common, and Islam’s role in advancing justice, progress, tolerance, and the dignity of all human beings. Ramadan is a celebration of a faith known for great diversity and racial equality. And here in the United States, Ramadan is a reminder that Islam has always been part of America and that American Muslims have made extraordinary contributions to our country."  The President said he would host an Iftar dinner celebrating Ramadan later this week at the White House.

6th Circuit Upholds Trademark Infringement Claims By Seventh Day Adventist Church

In General Conference Corporation of Seventh Day Adventists v. McGill, (6th Cir., Aug. 10, 2010), the U.S. 6th Circuit Court of Appeals rejected efforts by defendant to obtain dismissal of various trademark infringement claims against him brought by two Seventh Day Adventist organizations. Defendant broke away from the Seventh Day Adventist Church and began his own congregation (which has 3 members). He called the new religious organization the Creation Seventh Day & Adventist Church. Defendant believed he was divinely mandated to use the Seventh Day Adventist name. The court refused to carve out a new exception under trademark law for disputes involving religious use of intellectual religious property. It also rejected defendant's claim that the Religious Freedom Restoration Act applies to the case, holding that RFRA applies only in suits against the government. It also agreed with the district court that the "Seventh Day Adventist" trademark is valid and that defendant's use of the mark is likely to cause confusion among the public. (See prior related posting.)

Imperial County Appeals Proposition 8 Ruling To 9th Circuit

Imperial County, California on Tuesday filed an appeal in Perry v. Schwarzenegger, the ruling invalidating California's Proposition 8 banning gay marriage. (See prior posting.)  The County Board of Supervisors voted 4-1 to authorize the appeal. Voters in the county approved  Proposition 8 by a large majority. The district court had refused to allow Imperial County to intervene at the trial level. The appeal is being handled for the county by Advocates for Faith and Freedom, a law firm dedicated to protecting religious liberty.

Egypt Suspends Daylight Savings Time For Ramadan

NPR reports that the Egyptian government is suspending daylight savings time beginning today for the month of Ramadan.  When Ramadan is over, daylight savings time will be reinstituted.  The government's action allows Muslims to break the Ramadan fast an hour earlier than otherwise-- though it begins an hour earlier the evening before. Apparently Egypt is the only country creating a special Ramadan time zone.

Iowa County Raises Fines On Mennonites' Steel Wheel Tractors

Today's Des Moines Register reports that in Mitchell County, Iowa, the county's battle with Old Order Groffdale Mennonites continues. (See prior posting.) The county Board of Supervisors yesterday approved higher fines for driving tractors with steel-studded wheels on county roads while the constitutionality of such bans are still working their way through the courts. The county disputes whether driving tractors with steel wheels is really a protected religious practice, while the Mennonites claim that their vehicles do little damage to the roads. The new ordinance creates minimum fines-- $250 for the first offense-- to counteract the nominal fines that courts have been imposing. During debate on the ordinance, county supervisors kept raising the Biblical command against stealing, accusing the Mennonites of stealing from taxpayers by damaging county roads.

Rifqa Bary Turns 18 and Is Released From State's Child Custody

AP reports that Rifqa Bary, the teenager who ran away from her parents' home in Ohio claiming her father threatened her life for converting from Islam to Christianity, turned 18 yesterday and was released from state children's services custody by an Ohio juvenile court. Angela Lloyd, one of Rifqa's attorneys, said: "She looks forward to preaching the word to all the nations — and those are her words." However, Rifqa's parents, who have denied her claims and sought her return to their custody, said in a statement: "The sad reality is that when our daughter's usefulness has been used for the political agenda of xenophobia and religious bigotry, when they have moved on to other ways of putting Islam and immigrants on trial, then they will not care about Rifqa Bary anymore." Her parents also defended their unsuccessful attempt to get Rifqa to undergo chemotherapy treatment following successful surgery for uterine cancer this summer. (See prior posting.) They said that if Rifqa dies, "the responsibility will fall on her attorneys and all the religious fanatics encouraging her to ignore her doctor's orders." Last week the Ohio court ruled that reconciliation with her parents was not possible before Rifqa turned 18, and permitted her to apply for a special immigration status for underage illegal immigrants in order to avoid deportation to Sri Lanka.

Meanwhile, in an interview with the Orlando Sentinel yesterday, Rifqa's father said of his daughter: "We love her. We want the best for her." He says two weeks ago Rifqa sent her parents a video, along with candy and music, telling her parents she loved them. She has also sent them letters.

Tajik City Bans Call To Prayer Via Loud Speakers

Radio Free Europe yesterday reported that as Ramadan is about to begin around the world today and tomorrow, officials in the northern Tajikistan city of Panjakent have banned the adhan (the Muslim call to prayer) being transmitted through loud speakers. They say such broadcasts can cause confusion and disturb the peace. The population of Tajikistan is 98% Muslim. (Background).

Minister Arrested For Picketing HIgh School Over "Demon" Mascot

In Warner Robins, Georgia, police Monday arrested Pastor Donald Crosby for leading a group of picketers outside Warner Robins High School without a permit. He was also charged with disorderly conduct for his response when he was asked to leave. Crosby was protesting the high school's mascot, the Demon. According to 13WMAZ News, Crosby argues he was standing up for Jesus, saying "Demons aren't lazy, Christians are." Crosby says he has legal custody of a 15 year old who is in that school district, and he doesn't want him exposed to the evil connotations of the mascot's name. Crosby, who is pastor of Kingdom Builders Church of Jesus Christ in Macon started a petition last month to have the Demon removed as school mascot.  Police say they tried to work with Crosby so he could get a picketing permit, but he refused.

School officials say the mascot was adopted in World War II in order to honor the 7th fighter squadron at Robins Air Force Base that earned the name, the "Screamin Demons."  But Crosby is not convinced. (13WMAZ News). Meanwhile a pro-mascot petition (full text) has also begun circulating online. (13WMAZ News report). The petition reads in part:

They took DIXIE (the marching band theme song) from us don't let them have our mascot too...Once a DEMON ALWAYS A DEMON!!!! It's tradition, school pride, unity! It's not abomination against God. A mascot is supposed to be intimidating toward the opponent. What's more intimidating than a demon...? Looking at the mascot is not evil, it was not meant to be evil. It was adopted in honor of group of soldiers in the Air Force during WW2. This is an Air Force town that we live in. Chanting "Go Demons" does not invoke demonic creatures from the underworld to come so we can worship them. It is simple a way to let our young sportsmen and women know that we are supporting them in their endeavors.

Kentucky Lawsuit Seeking To Hold Vatican On Priest Abuse Is Dropped By Plaintiffs

Today's Washington Post reports that plaintiffs in O'Bryan v. Holy See have filed a motion with a Kentucky federal district court asking that their lawsuit be dismissed. The three plaintiffs in the case had sought to hold the Vatican liable for their abuse by priests and had hoped to depose Pope Benedict XVI in the case. Plaintiffs' lawyers say, however, that the court's holding that the Vatican had sovereign immunity on all claims except for respondeat superior claims regarding supervision of abusive priests limits plaintiffs' ability to proceed. (See prior posting.) One of the plaintiffs has been part of a settlement against the Louisville archdiocese. The supervising bishops involved in the cases of the other two plaintiffs have died so that further discovery about their actions is not practical. Lawyers have failed to turn up other plaintiffs who have not settled their abuse claims and are willing to come forward. In May, the Vatican filed extensive motions to dismiss based both on statute of limitations and respondeat superior grounds. (See prior posting.)

Christian School In California Fires Catholic Employees For Inconsistent Beliefs

Yesterday's Riverside (CA) Press-Enterprise reports that a Christian school in Corona (CA) has fired four teachers and seven other employees-- most of whom are Catholic-- because their religious beliefs do not coincide with those of Crossroads Christian Church that sponsors the 583- student school. Some of the dismissed employees had been with the school as long as 22 years. The school opened in 1979, but the Church did not begin to strictly enforce its requirements that employees attend a "Bible-believing church" until last year.  Senior pastor of the Crossroads Church says Catholic beliefs such as praying to saints and the belief that the in communion the wafer and wine become the body and blood of Jesus are inconsistent with those of Crossroads. Also most of the dismissed employees had not undergone baptism by full body immersion, the only form seen as valid by Crossroads. Experts disagree over whether the firings violate anti-discrimination laws.

Teacher At Muslim University In India Excused From Burqa Requirement

In India, a teacher at Aliah University, West Bengal's first Muslim University, has won her battle to teach without wearing a burqa.  Indian Express reports today that the West Bengal Students' Union had told all teachers to wear burqas to class, but Sirin Middya refused and for three months has not been able to hold class. However on Monday the university administration asked Middya to resume teaching and assured her she would not face problems for not wearing a burqa. The student union agreed that she could resume teaching so long as whatever she wore was "decent." It accused her of "creating an issue" through the media, where none existed.

Morocco Closes Over 1200 Mosques For Safety Reasons

Authorities in Morocco have ordered the complete closure of 1,256 mosques and the partial closure of 416 others for safety reasons.  AFP today reports that the government inspected 19,205 mosques after the collapse of a minaret in February killed 41 and injured 76. The government has set aside $325 million for mosque improvements. 513 mosques will be demolished and rebuilt. Morocco has a total of nearly 48,000 mosques.

DC Circuit Strikes Down National Park Speech Permit Rules

In Boardley v. United States Department of the Interior, (DC Cir., Aug. 6, 2010), the D.C. Circuit Court of Appeals struck down as unconstitutionally overbroad on their face requirements that individuals and small groups obtain a permit before engaging in expressive activities in national parks, even in designated free speech areas. The regulations apply to both public assemblies and distribution of written materials. The lawsuit was filed by a Christian activist who, along with his associates, was stopped from distributing gospel tracts without a permit at the Mt. Rushmore National Memorial. The court left open the possibility that the government can rewrite the rules to make them applicable only to large groups. Fox News yesterday reported on the decision. (See prior related posting.)

New York MTA Accepts Controversial Anti-Mosque Ad After Lawsuit Is Filed

After a lawsuit was filed on Friday, the New York Metropolitan Transit Authority agreed to permit a banner ad on its buses, sponsored by the American Freedom Defense Initiative opposing the proposed mosque and Islamic center near Ground Zero. (Press release from David Yerushalmi law firm). The ad (photo) reads "Why There?",  and equates the"WTC Jihad Attack" with "WTC Mega Mosque". The federal lawsuit (full text of complaint in American Freedom Defense Initiative v. Metropolitan Transit Authority, (SD NY, Aug. 6, 2010), alleges that MTA's objections to the ad for equating the proposed mosque with the 9-11 attack amount to content- and viewpoint-based censorship in violation of the First Amendment and the Equal Protection Clause. The complaint includes examples of other controversial religious and political ads accepted by MTA. Exhibits to the complaint also show various amended versions of the ad submitted during negotiations with MTA-- each changing the way in which the Twin Towers and the plane attack on them are depicted.

Consent Order Allows Kosher Slaughtering To Continue In New Zealand While Suit Is Pending

In New Zealand where the Jewish community has filed suit challenging the government's refusal to exempt kosher slaughtering from a new Animal Welfare Slaughter Code that requires animals be stunned before being killed (see prior posting), the parties have agreed to allow kosher slaughtering to continue while the litigation is pending. NZPA (via Voxy.co.nz) reports that a consent order was issued today by the High Court at Wellington requiring a temporary exemption for kosher slaughtering until the case is decided next year.

Baha'i Leaders In Iran Sentenced To 20 Years

CNN reported yesterday that in Iran, according to the Baha'i International Community, seven top Baha'i leaders who were arrested in 2008 and held without charges have now each been sentenced to 20 years in prison.  During the trial, the accused had only about one hour's access to counsel. Among the charges eventually filed against the leaders were espionage, propaganda activities against the Islamic order, and the establishment of an illegal administration. An appeal of the sentences is being undertaken. Baha'i is Iran's largest non-Muslim minority, and members of the Baha'i faith have traditionally been discriminated against by the government in their religious exercise and in their access to public services.

UAE Islamic Authority Says Workers Can Break Ramadan Fast To Avoid Heat-Related Health Problems

Ramadan begins this week. AFP reports that in the United Arab Emirates, the General Authority for Islamic Affairs and Endowments has issued a ruling that workers facing high heat and humidity can break their Ramadan fast before sundown to avoid health problems. The fatwa says this only applies if the worker starts the day fasting.

Recent Articles of Interest

From SSRN:

• David B. Owens, No Bueno, Buono: An Essay on Salazar v. Buono and Establishment Clause Remedies, (June 7, 2010).
• Rony Guldmann, Beyond the Jurisprudence of Politeness: On the Relativity of Religious Neutrality, (July 20, 2010).
• Ori Aronson, Out of Many: Military Commissions, Religious Tribunals, and the Democratic Virtues of Court Specialization, (Virginia Journal of International Law, Vol. 52, No. 2, 2010).
• Timur Kuran & Scott Lustig, Judicial Biases in the Ottoman Empire: The Roles of Inter-Court Competition and Personal Exchange, (Economic Research Initiatives at Duke, July 22, 2010).
• Mark L. Movsesian, Fiqh and Canons: Reflections on Islamic and Christian Jurisprudence, (Seton Hall Law Review, Forthcoming).
• Ian T. Benson, Living Together with Disagreement: Pluralism, the Secular, and the Fair Treatment of Beliefs in Canada Today, (The Ronning Centre Forums II, 2010).
• Ian T. Benson, Is Canada Moving Towards or Away from Religious Inclusivity in the Public Sphere?, (Religion in the Public Square in Canada Conference, 2010).
• Ming Chen, Alienated: A Reworking of the Racialization Thesis after September 11th, (American University Journal of Gender, Social Policy & the Law, Vol. 18, No. 3, p. 101, 2010).
• Shannon Weeks McCormack, Taking the Good with the Bad: Recognizing the Negative Externalities Created by Charities and Their Implications for the Charitable Deduction, (Arizona Law Review, Forthcoming).

From SmartCILP:

• David A. Harris, Law Enforcement and Intelligence Gathering in Muslim and Immigrant Communities After 9/11, 34 N.Y.U. Review of Law & Social Change 123-190 (2010).
• Adam H. Koblenz, Jewish Women Under Siege: The Fight for Survival on the Front Lines of Love and the Law, 9 University of Maryland Law Journal of Race, Religion, Gender & Class 259-301 (2009).
• Steven Menashi, Toward a "More Enlightened and Tolerant View": Educational Choice and the Regulation of Religious Institutions, 66 N.Y.U. Annual Survey of American Law 31-74 (2010).

NYT Reviews Growing Opposition To Mosque Projects Around the Country

Today's New York Times carries a front-page story titled Across Nation, Mosque Projects Meet Opposition. The article observes:

In all of the recent conflicts, opponents have said their problem is Islam itself. They quote passages from the Koran and argue that even the most Americanized Muslim secretly wants to replace the Constitution with Islamic Shariah law.

These local skirmishes make clear that there is now widespread debate about whether the best way to uphold America’s democratic values is to allow Muslims the same religious freedom enjoyed by other Americans, or to pull away the welcome mat from a faith seen as a singular threat.

Illustrating this type of attitude, the Times quotes Diana Serafin, a recently unemployed grandmother who attends Tea Party events, who is part of the opposition to an Islamic center project in Temecula, California:

As a mother and a grandmother, I worry. I learned that in 20 years with the rate of the birth population, we will be overtaken by Islam, and their goal is to get people in Congress and the Supreme Court to see that Shariah is implemented. My children and grandchildren will have to live under that.

I do believe everybody has a right to freedom of religion,” she said. “But Islam is not about a religion. It’s a political government, and it’s 100 percent against our Constitution.

However at a recent rally rally in Temecula, supporters of the mosque outnumbered protesters.

California School District Backed In Offering Bible As Literature and History Course

One News Now reports that church members, students, parents and residents from the surrounding cities packed the room in which the board of the Chino Valley Unified School District met last Thursday to support the decision the Board reached last month (One News Now, 7/5) to offer an elective  course in Bible as/in Literature and History in district high schools. The class is authorized in all four of the district's high schools and funds have been donated to cover the cost of the course. School board Vice President James Na at Thursday's meeting said: "[The Bible] will bring greatness in students' lives. I would like to thank God and Christian parents who are going to support this class." A few parents at Thursday's meeting argued that the class was unconstitutional, but board member Na said they misunderstand the class. It will not indoctrinate their children.

Recent Prisoner and Institutionalized Persons Free Exercise Cases

In Ward v. Rabideau, 2010 U.S. Dist. LEXIS 77535 (WD NY, July 30, 2010), a New York federal district judge held that Jewish prisoners had raised material factual issues that preclude summary judgment of defendants on their complaint that inedible and improperly prepared food was served to inmates at Groveland Correctional Facility requesting a kosher diet. Also it held that while provision of a Jewish chaplain is not required if there is an alternative means of worship, here that condition was not met because authorities prevented Jewish inmates from having materials needed for their worship.

In Marzuq v. Albino, 2010 U.S. Dist. LEXIS 77509 (D NJ, July 29, 2010), a New Jersey federal district court dismissed an inmate's Free Exercise complaint with leave to file an amended complaint. Plaintiff claimed he was required to participate in a therapeutic community in violation of his religious beliefs for refusing to participate by having his classification status increased. However he failed to allege what religion he practices or how his beliefs were violated. His retaliation and conspiracy claims were also dismissed.

In Shiple v. Beck, 2010 U.S. Dist. LEXIS 78236 (ND OH, Aug. 2, 2010), an Ohio federal district court rejected an inmate's claim that his free exercise right were violated when a restriction on his commissary rights precluded him from buying reading glasses he needed to read his Bible.

In Alford v. Knight, 2010 U.S. Dist. LEXIS 78607 (ED NC, March 15, 2010), a North Carolina federal magistrate judge permitted plaintiff to proceed in forma pauperis with his claim that while he was residing at a Veterans Center, he was forced to participate in religious activities. He alleges he was required to sit through religious services, was punished for closing his eyes during services and refusing to comment or write religious essays.
In Damron v. Sims, 2010 U.S. Dist. LEXIS 78955 (SD OH, Aug. 5, 2010), and Ohio federal magistrate judge recommended denial of a summary judgment request that the court order accommodation of various Christian Separatist religious practices.

In Kramer v. Wisconsin Department of Corrections, 2010 U.S. Dist. LEXIS 78777 (WD WI, Aug. 3, 2010), a Wisconsin federal district court permitted an inmate to add an establishment clause claim in his lawsuit challenging a refusal of his request for certain religious items and seeking group worship with other Odinists.

In Dempsey v. Cain, 2010 U.S. Dist. LEXIS 78965 (MD LA, Aug. 4, 2010), a federal district court adopted a magistrate's recommendation (2010 U.S. Dist. LEXIS 78977, July 8, 2010) and dismissed a claim by an inmate that he was deprived of his Bible and other religious materials for several months. The court concluded that the deprivation did not create a substantial burden on plaintiff's free exercise because it did not force him to significantly change his religious behavior or beliefs.

Court OK's Sectarian City Council Invocations

A New York federal district court this week rejected an Establishment Clause challenge to sectarian prayers offered at Town Board meetings in Greece, New York.  In Galloway v. Town of Greece, (WD NY, Aug. 5, 2010), the court, in an 83-page decision, upheld the town's policy of inviting clergy from all denominations in the town to offer an invocation, without any guidance or restriction on the content of their prayer. That policy led to almost all of the prayers being delivered by Christian clergy. The court wrote in part:

[T]he Court has considered the nature of the prayers, and finds that they did not proselytize or advance any one, or disparage any other, faith or belief. It is undisputed that the vast majority of prayers at issue in this case were offered by Christian clergy, and that many of them contained at least one reference to Jesus Christ.... Otherwise, though, most of the prayers that Plaintiffs maintain are sectarian are indistinguishable from prayers that they say are non-sectarian....

Plaintiffs maintain ... that sectarian legislative prayers necessarily violate the Establishment Clause.... Plaintiffs contend that prayers may only refer to a "generic God," and must not refer to any particular deity or to any religious belief, such as the Holy Trinity, that is specific to a particular religion or group of religions. Plaintiff's further maintain that to prevent sectarian prayer, the Town must instruct potential prayer-givers to give inclusive ecumenical prayers. The Court disagrees.

It is clear to this Court that Marsh [v. Chambers] does not require that legislative prayer be non-sectarian. To the contrary, Marsh upheld the constitutionality of legislative prayer, thereby specifically carving out a unique exception to the Lemon test, based primarily if not exclusively on the long history of legislative prayer in Congress, which is often overtly sectarian....

The Court also disagrees with Plaintiffs' contention that the Town must, or even can, instruct potential prayer-givers that prayers should be "inclusive and ecumenical." In Lee [v. Weisman], the Supreme Court characterized the defendant school's similar instruction to an invited rabbi as an impermissible attempt by government to control the content of prayer.... The Court finds that the policy requested by Plaintiffs would violate Lee, since it would likewise impose a state-created orthodoxy. In this regard, the Court respectfully disagrees with the Fourth Circuit's decision in Turner [v. City Council of the City of Fredericksburg, Virginia].

Moreover, the Court finds that Plaintiff's proposed non-sectarian policy, which would require Town officials to differentiate between sectarian prayers and non-sectarian prayers, is vague and unworkable, as Pelphrey [v. Cobb County, GA] demonstrates. The instant case illustrates the illusory nature of so-called nonsectarian prayer, since as shown above, many of the prayers that Plaintiffs say are sectarian are indistinguishable from prayers that they say are not.

Alliance Defense Fund issued a press release on the decision. (See prior related posting.)

Suits Against Scientology By 2 Sea Org Members Dismissed Under Ministerial Exception Doctrine

In two related cases brought by a husband and wife, a California federal district court yesterday applied the constitutionally compelled  "ministerial exception" doctrine to dismiss suits against the Church of Scientology alleging violations of the Trafficking Victims Protection Act. The TVPA (18 USC 1589(a)(1)) prohibits knowingly obtaining the labor or services of a person by means of force, threats of force, physical restraint, or threats of physical restraint to that person or another person, and permits victims to bring civil actions for damages (18 USC 1595).

In Claire Headley v. Church of Scientology International, (CD CA, Aug. 5, 2010), plaintiff was a member of Scientology's Sea Org. Sea Org members live communally, are assigned physically difficult tasks, and are subject to strict discipline. They are not allowed to raise children and remain Sea Org members. Plaintiff says she had two abortions under the pressure of this policy. In Marc Headley v. Church of Scientology, (CD CA, Aug. 5, 2010), plaintiff was also a Sea Org member and alleged instances of physical abuse and acts of discipline. In dismissing the lawsuits on First Amendment grounds, the court said:

Defendant here represents that the challenged conduct was doctrinally motivated..... Therefore, inquiry into these allegations would entangle the Court in the religious doctrine of Scientology and the doctrinally-motivated practices of the Sea Org. It would also require the Court to analyze the criteria Defendant uses to choose ministers and the reasonableness of the methods used to enforce church policy and encourage members to remain with the organization and the religion itself.... In order to determine whether Defendant’s means of persuading members to remain with the Sea Org, etc. fall within the purview of the TVPA, a trier of fact must inquire into Scientology’s policies, practices, and scriptures.

Today's St. Petersburg Times reports on the decisions. (See prior related posting.)

Will Effective Portions of Arizona's SB 1070 Hit Church Vans?

While portions of Arizona's SB 1070 targeting illegal immigrants was struck down by a federal court last month (full text of decision), other portions of the law have gone into effect. According to New America Media today, church leaders are particularly concerned about one of those provisions that has gone into effect, Sec. 13-2929, which provides:

A. It is unlawful for a person who is in violation of a criminal offense to: 1. Transport or move or attempt to transport or move an alien in this state in a means of transportation if the person knows or recklessly disregards the fact that the alien has come to, has entered or remains in the United States in violation of law....

Church groups often transport their undocumented members to services or spiritual retreats in church vans or buses. The Phoenix Police Department says the provision would not be triggered by a traffic stop of a bus or van for speeding or ignoring a stop sign. But University of Arizona law professor Gabriel Chin says that police could stop a vehicle for suspicion of violating federal laws against harboring undocumented immigrants and then invoke this provision of SB 1070 to charge a state offense.

Southern Baptist Minister In Runoff For U.S. House In Georgia's 7th District

The Macon Telegraph yesterday profiled Rev. Jody Hice who will be one of two candidates in the run-off next Tuesday for the Republican nomination for the U.S. House of Representatives in Georgia's Republican-leaning 7th District that encompasses the eastern suburbs of Atlanta.  Hice, a Southern Baptist, was prominent in battles to display the Ten Commandments in public buildings, and defied the IRS by endorsing 2008 Presidential candidate John McCain from the pulpit. His campaign office features a poster of Jesus kneeling in prayer with one hand outstretched touching the crack in the Liberty Bell. Hice particularly attracted attention with billboards on the Atlanta freeways that show President Obama with a Soviet hammer and sickle. Hice has focused his campaign on fiscal issues, but still maintains his half-hour radio show on the Christian Satellite Network. Some say he violated tax laws on non-profits when in his July 27 broadcast Hice gave a brief update on the runoff and asked for listeners' prayers. Both Hice's Let Freedom Ring Ministries and the network are non-profits. The 7th district's current congressman, Republican John Linder, is retiring. Hice's opponent in the run-off is Rob Woodall, Linder's former chief-of-staff. Woodall was the front-runner in the initial round of primary voting.

French Jews Wage Legal Battle To Reclaim Family Names

London's Jewish Chronicle yesterday reported on the legal battle being waged by some Jews in France who want to reclaim their traditional family name. Many years ago, their parents changed the family name to something that sounds more French to avoid anti-Semitism. French law provides that family names are immutable and must be continued. Foreign-sounding names can be changed, and a person can reclaim a name if it is about to disappear, but only if it is a French name. Now, for example, Olivier Raimbaud wants to reclaim her family name of Rubinstein, and has been filing requests for 25 years with the State Council to do so. When requests are considered, the government insists that the entire family agree to the change. A new group, The Strength of the Name, has recently filed four more requests for individuals at the justice ministry. Some of those seeking a name change are reacting to right-wing politicians like National Front leader Jean-Marie Le Pen who has accused Jews of hiding their identity in order to dominate France.

Australian Judge To Rule On Whether Witness Can Wear Niqab

Controversy over Muslim women wearing the full-face veil has now made its way to Australia.  According to WA Today, the former director of the Muslim Ladies College of Australia, Anwar Sayed, is on trial in a court in Perth for fraudulently obtaining over $750,000 (AU) in public funding. One of the witnesses against him, a tutor at the school, has requested that she be allowed to wear a niqab while on the witness stand. Sayed's attorneys argue that the witness, identified only by her first name, Tasneem, should have to testify with her face uncovered so that the jury can assess her credibility in part by her facial expressions. Prosecutors say that forcing Tanseem to remove the niqab that she usually wears in public would create stress that could affect her facial expressions while testifying. Since the issue has been raised, Sayed has received death threats which police are investigating. And WA Today reports this morning that Sayed has been stabbed after being stopped in his car.  Apparently he was not injured seriously. Meanwhile Sayed's lawyers are suggesting some possible compromises-- testimony by closed circuit television with a female officer present with the witness, or at least a jury instruction on how to take account of the witness' lack of facial expression. The court will rule on the issue August 19. Meanwhile Australian politicians have begun to speak out on both sides of the issue.

Kenya Passes New Constitution Despite Opposition From Churches

The New York Times reports that in yesterday's referendum in Kenya, 67% of the voters approved the country's new constitution (full text of draft document) according to provisional results released today.  The new constitution limits the powers of the president, provides for land reform and creates a bill of rights. As reported by CNN, Kenya's Christian churches had opposed the Constitution because of provisions they say will permit abortion on demand and because of the document's recognition of Muslim Khadis courts. (See prior posting for details.) The U.S. government supported the draft Constitution, but some conservative Christian groups in the United States, particularly the American Center for Law & Justice, opposed the draft. Three conservative members of Congress wrote the State Department's Inspector General in May asking for an investigation of whether there has been a violation of provisions that prohibit spending of U.S. government funds to lobby for or against abortion. (Christian Science Monitor 5/14).

U.S. Court Orders Russia To Return Book Collection To Jewish Group

In Agudas Chasidei Chabad of United States v. Russian Federation, (D DC, July 30, 2010), the DC federal district court found that plaintiff had presented a legally sufficient prima facie case and entered a default judgment against the Russian Federation ordering it to return two collections of valuable religious books and manuscripts (the Library and the Archive) to Chabad. The court concluded that the expropriation of both collections was discriminatory. The Archive was taken by the Soviet Army in World War II from the Nazis who had expropriated it. The court found three separate takings over time of the Library-- one during the Russian Revolution, one when the Soviet government failed to return the books, and a third in 1992 when the Russian Federation closed all legal avenues for retrieval of the collection. Russia had earlier withdrawn from participating further in the litigation, arguing that the court lacked jurisdiction over it and indicating it would not consider any court orders binding on it. The Foreign Sovereign Immunities Act (28 USC 1608(e)) still requires that a claimant establish its right to relief before a default judgment can be entered. The court's order (full text) requires defendants to deliver the collections to the U.S. embassy in Moscow or to a destination of plaintiff's choosing. A press release from Bingham McCutchen LLP that represented plaintiffs reported on the decision. (See prior related posting.)

Religious Leaders React On Both Sides of Prop 8 Decision

USA Today this morning reviews the reaction of a number of religious leaders on both sides of the debate to a California federal district court's ruling yesterday (see prior posting) that Proposition 8, banning same-sex marriage, is unconstitutional. The Mormon Church, one of the strongest supporters of Proposition 8, urged all sides "to act in a spirit of mutual respect and civility toward those with a different opinion" as the debate continues. Rev. Susan Russell, head of Integrity-- an Episcopal group supporting gay rights-- said: "No one has the right to write their theology into our Constitution. (This) should be celebrated by people of all faiths, of any faith and of no faith." The California Catholic Conference said: "That the judge should find the marriage -- civilizations' longstanding public policy -- irrational and discriminatory does a great injustice to the institution itself and ultimately will further encourage the disintegration of mother-father families."

Maryland Court Orders Closure of Chabad Center

A Montgomery County, Maryland state trial judge last week ordered the Chabad Israeli Center in Rockville (MD) to close down for violating a court order that only allowed it to operate Friday evenings and Saturday mornings for Sabbath services. Yesterday The Gazette (suburban Maryland) reported that in fact meetings were held there at other times and a few girls stayed at the residence for a few nights.  The court order limiting the Center's operations came after the Center was cited for violating the city's fire prevention and building codes. The Sabbath operations were conditioned on there being a special fire watch system in place, and attendance was to be limited to 25. A neighborhood committee has been monitoring the Center to see if it complied. The committee's activities have disrupted the lives of the rabbi's family. [Thanks to Steven H. Sholk for the lead.]

Pakistan Court Hears Arguments On Permanently Banning Facebook Over Blasphemous Pages

Pakistan's The News reports today on proceedings in the Lahore High Court seeking a permanent ban on Facebook for again displaying blasphemous material. A temporary ban was placed on the site in May because of a page promoting "Everybody Draw Muhammad" day. (See prior posting.) Now another page is promoting "Everybody Burn Quran" day. It is also claimed that Facebook carried blasphemous caricatures of the Kaaba, Islam's holy site in Mecca. The court gave Telecom Wireless three weeks to inform it of the steps it has taken to make blasphemous material unavailable in the country. In arguing for the ban, the petitioner contended that the U.N. Covenant on Civil and Political Rights requires every country to pass legislation to ban religious hatred, and cited the U.N. Human Rights Commission's resolution on Combatting Defamation of Religions.(See prior posting.)