Religion Clause

Monday, September 20, 2010

Sunday, September 19, 2010

Recent Prisoner Free Exercise Cases

In Musto v. Trinity Food Services, 2010 U.S. Dist. LEXIS 94063 (MD FL, Sept. 9, 2010), a Florida federal district court rejected claims by an inmate that his rights under the 1st Amendment and RLUIPA were violated by his being denied certain supplemental food items with his kosher meals. It also rejected plaintiff's claim that he was denied sufficient visits by a rabbi, was denied access to religious materials and that he was denied fasting privileges.

In Muwwakkil v. Johnson, 2010 U.S. Dist. LEXIS 95143 (WD VA, Sept. 13, 2010), a Virginia federal district court rejected a number of claims by Muslim inmate that his free exercise rights were being infringed. His complaints included change of prayer service time, property limitations during prayer services, allowing in-pod religious services only on Wednesdays, denial of request to hold a large Arabic study group for all Sunni inmates, and unsuitable facilities furnished for religious services.

In Vigil v. Jones, 2010 U.S. Dist. LEXIS 95175 (D CO, Sept. 13, 2010), a Colorado federal district court dismissed an inmate's 1st Amendment, RLUIPA and equal protection claims that his rights were infringed when prison authorities refused to recognize his religion of "Judeo-Christianity." The claims for injunctive relief were dismissed without prejudice, with leave to file an amended complaint. The magistrate's recommendation in the case is at 2010 U.S. Dist. LEXIS 95104, Aug. 9, 2010.

In Jabbar v. Burnett, 2010 U.S. Dist. LEXIS 94557 (ED VA, Sept. 9, 2010), a Virginia federal district court dismissed a Muslim inmate's objection to prison policy that prevents high security prisoners from attending religious services with the general prison population.

In Bebout v. Johns, 2010 U.S. Dist. LEXIS 95075 (ND FL, Aug. 24, 2010), a Florida federal district court dismissed, with leave to amend, a jail inmate's complaint that he was denied kosher food after he was seen eating non-kosher food.

In Alamiin v. Miller, 2010 U.S. Dist. LEXIS 94691 (WD OK, Sept. 10, 2010), an Oklahoma federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 94791, June 28, 2010), and allowed plaintiff to move ahead with a portion of his claims alleging denial of a Halal diet, dismissed other of the claims and dismissed a complaint about cancellation of certain religious services but permitted plaintiff to proceed with a claim regarding halal foods during the 'Eid-adha feast and his request to carry prayer oil on his person.

In Hudson v. Caruso, 2010 U.S. Dist. LEXIS 95475 (WD MI, Sept. 14, 2010), a Michigan federal district court adopted a magistrate's recommendations, 2010 U.S. Dist LEXIS 95626, Aug. 17, 2010) and denied a preliminary injunction requiring a prison to furnish plaintiff Halal food during the month of Ramadan.

Pope In Britain Speaks On Religion In the Public Square

Among the numerous addresses given by Pope Benedict XVI on his current visit to Great Britain was an address to representatives of civil society, academic, cultural and entrepreneurial world, diplomatic corps and religious leaders at Westminster Hall (full text). Here are is an excerpt relating to the role of religion in the public square:

Religion ... is not a problem for legislators to solve, but a vital contributor to the national conversation. In this light, I cannot but voice my concern at the increasing marginalization of religion, particularly of Christianity, that is taking place in some quarters, even in nations which place a great emphasis on tolerance.

There are those who would advocate that the voice of religion be silenced, or at least relegated to the purely private sphere. There are those who argue that the public celebration of festivals such as Christmas should be discouraged, in the questionable belief that it might somehow offend those of other religions or none. And there are those who argue – paradoxically with the intention of eliminating discrimination – that Christians in public roles should be required at times to act against their conscience. These are worrying signs of a failure to appreciate not only the rights of believers to freedom of conscience and freedom of religion, but also the legitimate role of religion in the public square. I would invite all of you, therefore, within your respective spheres of influence, to seek ways of promoting and encouraging dialogue between faith and reason at every level of national life.

Delaware Congressional Candidate Says Church-State Separation Phrase Came From Hitler

In Delaware, Tea Party candidate Glen Urquhart won this month's primary to become the Republican's candidate for the state's only seat in the House of Representatives. He appears to have some some unusual church-state views. Raw Story on Friday posted a video from an Urquhart campaign event in April in which Urquhart says:

Do you know, where does this phrase 'separation of church and state' come from? It was not in Jefferson's letter to the Danbury Baptists. ... The exact phrase 'separation of Church and State' came out of Adolph Hitler’s mouth, that's where it comes from. So the next time your liberal friends talk about the separation of Church and State ask them why they’re Nazis.

Urquhart says his statement was taken out of context and that he did not mean to suggest that liberals are Nazis.

Lawsuit Challenges Approval of Controversial Tennessee Islamic Center Plans

The Tennessean reports that a lawsuit was filed Thursday in Rutherford County (TN) Chancery Court seeking a temporary restraining order to halt construction of a controversial Islamic center being build in Murfreesboro, Tennessee. The suit claims that the county failed to give adequate advance notice under its Open Meetings Act of a May 24 Regional Planning Commission meeting at which the site plan for the Islamic center was approved unanimously. The complaint also claims that the county's zoning law denied plaintiffs due process by failing "to provide a hearing to examine the multiple uses of the ICM site and the risk of actions promoting Jihad and terrorism." (See prior related posting.) Murfreesboro's mayor says he believes the suit has no merit.

Court OKs Prevailing Wage Requirement Applied To Religious Group's State Assisted Project

In McKinley Foundation at the University of Illinois v. Illinois Department of Labor, (IL App., Sept. 10, 2010), an Illinois appellate court held that applying the state's Prevailing Wage Act to construction of student housing by a foundation functioning as as Presbyterian ministry for college students does not violate the Establishment Clause. The housing was supported in part by tax exempt bonds issued by the Illinois Finance Authority. Classifying it as a "public body" for purposes of that Act does not create Establishment Clause problems.

Friday, September 17, 2010

City Removes Christian Flag From Veterans Memorial

On the advice of its city attorney, King City, North Carolina's city council voted 3-1 on Monday to remove a Christian flag that had flown at the city's veterans' memorial along with the U.S., state, city and other flags. According to today's Winston-Salem Journal, the decision reverses an August city council vote to keep the flag, which carried a Latin cross inside a blue canton on a white field. Council member Wesley Canton who was the one negative vote on Monday complained: "We cannot let the threat of a lawsuit stand in the way of our religious freedom."

Pope Meets Queen Elizabeth; Recalls Britain's Deep Christian Roots

VIS reports on the start of Pope Benedict XVI's apostolic trip to the United Kingdom. The Pope was greeted yesterday at his first stop, in Birmingham, by Queen Elizabeth and the Duke of Edinburgh. They met at Holyroodhouse Palace, the Queen's official residence in Scotland. After a private meeting with the Queen, the Pope addressed some 400 guests, including representatives of the Catholic and Anglican Churches and members of the Scottish Parliament. In his remarks (full text), the Pope said in part:

The name of Holyroodhouse ... recalls the “Holy Cross” and points to the deep Christian roots that are still present in every layer of British life. The monarchs of England and Scotland have been Christians from very early times and include outstanding saints like Edward the Confessor and Margaret of Scotland. As you know, many of them consciously exercised their sovereign duty in the light of the Gospel, and in this way shaped the nation for good at the deepest level. As a result, the Christian message has been an integral part of the language, thought and culture of the peoples of these islands for more than a thousand years. ....

Today, the United Kingdom strives to be a modern and multicultural society. In this challenging enterprise, may it always maintain its respect for those traditional values and cultural expressions that more aggressive forms of secularism no longer value or even tolerate. Let it not obscure the Christian foundation that underpins its freedoms; and may that patrimony, which has always served the nation well, constantly inform the example your Government and people set....

Bullying and Discrimination Against Students On Religious and Other Grounds Banned By New NY Law

On Monday, New York Governor David Patterson singed into law the Dignity for All Students Act. The new law prohibits bullying of students by other students or school employees, as well as discrimination against students, taking place on school property or at a school function when the bullying or discrimination is based on the victim's actual or perceived race, color, weight, national origin, ethnic group, religion, religious practice, disability, sexual orientation, gender or sex. Yesterday's Queens Chronicle reports on the new law that takes effect July 1, 2012. (See prior related posting.)

Restaurant Chain Sues Church For Trademark Infringement

CNN reported yesterday that the pancake restaurant chain IHOP has filed a trademark infringement lawsuit in a California federal district court against a Kansas City, Missouri based church group known as International House of Prayer. The church uses the "IHOP" acronym widely. The lawsuit charges that "IHOP-KC intended to misappropriate the fame and notoriety of the household name IHOP to help promote and make recognizable their religious organization," [Thanks to Steven H. Sholk for the lead.]

UPDATE: The Kansas City Star reported on Dec. 30 that IHOP has voluntarily dropped its lawsuit while mediation discussions take place. However the dismissal which was without prejudice leaves open the possibility that the suit could be refiled. [Thanks to Alliance Alert for the lead.]

Native American Church Sues To Prevent Peyote Arrests

The Oklevueha Native American Church on Monday filed a lawsuit in federal district court in Utah seeking to enjoin state and federal officials from arresting or bringing criminal charges against church members for their use of Peyote. Yesterday's Salt Lake Tribune reports that members of the federally recognized Native American Oklevueha Church have been harassed, arrested and prosecuted in Utah. Native American religious practices have spread beyond those with tribal ancestry, but U.S. law grants a religious exemption for the use of Peyote only to those who are members of federally recognized Indian tribes.

Thursday, September 16, 2010

New Jersey Transit Fires Employee For Burning Pages From Qur'an

During a protest on Sept. 11 in New York City at the site of a proposed mosque and Islamic center near Ground Zero, Derek Fenton who has worked for New Jersey Transit for 11 years burned pages from a Qur'an. Police took Fenton away from the protest, but did not arrest him. The New York Daily News reported Tuesday that Fenton has now been fired from his job for violating New Jersey Transit's Code of Ethics. An ACLU spokesman says that if Fenton was off duty, his 1st Amendment rights were likely violated by the firing. [Thanks to Eugene Volokh via Religionlaw for the lead].

Court Says Limitation Period Has Expired On Child Sex Abuse Case From 1940's

According to yesterday's Newark (NJ) Star Ledger, a New Jersey state trial judge has dismissed on statute of limitations grounds a lawsuit filed by two men claiming physical and sexual abuse by nuns at an orphanage over 65 years ago. New Jersey's statute of limitations allows child sex abuse claims to be filed up to two years after reasonable discovery that an injury was caused by abuse. The plaintiffs, now in their 80's, say the abuse occurred at Sacred Heart Orphanage when they were between 10 and 14 years old. One plaintiff argued he remembered physical beatings, but repressed memories of the sexual abuse until 2004 when he saw a CNN report on payouts to other abuse victims. The other plaintiff says for decades he believed he had enjoyed the sexual abuse. The court concluded that the men should have filed in the mid-1990's, or at least by 2001, when media reports of similar cases should have triggered their memories.

Many In Britain Have Negative Attitudes Toward Pope's State Visit

Several stories yesterday outlined the negative feelings among many in Britain about the Pope's visit that begins today. Aol News reports that a large percentage oppose the government's plans to pay for part of the Pope's security and hotels, as it does when any other head of state visits. Also advocates for clergy sex abuse victims plan demonstrations in London this week end. A piece by John Laughland, studies director at the Institute of Democracy and Cooperation in Paris, published by Newsmax is titled "Vatican Shocked At Britain's Hostile Reaction To Pope." Laughland argues that "Britain has become one of the most virulently anti-Christian countries in the world."

Parents Complain That High Schoolers Were Disciplines For Leaving Donuts and Religious Messages In Teachers' Lounge

In Roswell, New Mexico, 200 members of Church on the Move showed up at Tuesday's Roswell Independent School Board meeting to protest suspensions and detentions handed out to 25 students for leaving donuts with religious messages in the teachers' lounges of their high schools. AP reported yesterday that the students are part of the church's ministry group known as Relentless in Roswell. The group has already filed an unrelated lawsuit against the school district after students were disciplined for handing out dolls in the form of fetuses, with a Bible verse and an ad for a pregnancy resource center attached. School rules bar advertising on high school campuses.

California Deputy Sheriff Sues County For Religious Discrimination Growing Out of Mel Gibson Arrest

Last week, Los Angeles sheriff deputy James Mee filed suit in California state court charging the Sheriff's Department with religious discrimination, retaliation and harassment growing out of Mee's arrest in 2006 of actor Mel Gibson on drunk driving charges. According to the complaint (full text) in Mee v. County of Los Angeles, (L.A. Super. Ct., filed 9/7/2010), When Gibson was arrested he launched into an anti-Semitic tirade against Mee, who is Jewish. Mee was ordered by his superiors to delete reference to Gibson's anti-Semitic statements in his report, and to file them as a confidential supplemental report. However 4 pages of the original report containing the anti-Semitic statements were leaked to the celebrity website TMZ. Mee alleges that despite the fact that a number of non-Jewish deputies had access to the original report, only he was investigated for leaking it. Mee's complaint lists a string of negative employment actions taken against him, allegedly motivated by religious discrimination. Gibson had close ties with the sheriff and the Department, and went to the same church as one of Mee's supervisors. People and Malibu Surfside News both report on Mee's filing of his lawsuit last week.

Ugly Battle Between Bank and Synagogue Plays Out In Bankruptcy Court

Yesterday's Palm Beach (FL) Post reports on a rather ugly battle between a Chabad synagogue in Boynton Beach, Florida and Stonegate Bank that made the synagogue a $3.8 million loan in 2007 that was supposed to have been used to expand Chabad's campus. Chabad sued the bank in 2009 alleging that it failed to follow through with additional promised financing. In October, Stonegate Bank responded by filing suit to foreclose on the synagogue's assets (including its Torah scrolls and its members' pledges) to obtain repayment of the loan. In June 2010 the synagogue filed for Chapter 11 bankruptcy protection, which normally suspends lawsuits. However now the Bank has asked the bankruptcy court to allow it to proceed with the foreclosure action, arguing that the synagogue's bankruptcy petition was filed in bad faith. The bank's motion to allow it to proceed was filed on Rosh Hashanah. A hearing on the motion is scheduled for Sept. 24, which is the Jewish holiday of Sukkot. The synagogue's lawyer says the Rosh Hashanah filing was particularly disrespectful, and threatens to have a chilling effect on pledges that members usually make during this week's Yom Kippur holiday because those pledges are at risk of being diverted from Chabad to the Bank.

Indiana Church Sues Over Landmarking of Its Building

A Cumberland, Indiana church last week filed a federal lawsuit alleging that the decision by the Indianapolis Historic Preservation Commission to designate the church's property and building as an historic area infringes the Church's free exercise rights under the U.S. and Indiana constitutions and under RLUIPA, violates its free speech rights, denies the Church equal protection of the laws and amounts to an unconstitutional bill of attainder. The complaint (full text) in St. John United Church of Christ v. Indianapolis Historic Preservation Commission, (SD IN, Filed Sept. 10, 2010), alleges that the church has a shrinking and aging congregation, that its building needs extensive repairs and is costly to maintain, and that the church needs a new building to attract younger members. The church had negotiated a sale of its building to developers who would use the site for new construction. The proceeds of the sale were to be used to build on another site already owned by the church. However the county prevented the sale of the building by designating it a historic landmark. A press release from the Storzer & Greene law firm announced the filing of the lawsuit.

Wednesday, September 15, 2010

County Officials Again Wary of Sanitation Code Violations In Kaparot Ceremonies

As the Jewish holy day of Yom Kippur approaches (it begins Friday evening), authorities in Rockland County, New York are again expecting sanitation code violations to arise from the practice of many strictly Orthodox Jews to use live chickens in the traditional ceremony of kaparot. The ritual involves symbolic passing off of one's sins to the chicken which is then slaughtered. The bird is eaten or the meat is donated to the needy. According to an RNS article carried by the Oklahoman last week, in the ceremony in Rockland County each year, more than 10,000 chickens are slaughtered. Health officials are trying to work with organizers of the ceremony, but as of last week had been unsuccessful in doing so. Many observant Jews urge substituting money equal to the cost of a live chicken in the ceremony, and then donating those funds to charity. Rockland County health officials say that the ultra-Orthodox community has accumulated over $15,000 in fines since 2007 for code violations relating to the ceremony. (See prior related posting.) Only about half the fines have been collected.

Pope's State Visit To Britain Begins Thursday

Pope Benedict XVI begins a four-day state visit to Great Britain tomorrow. The full schedule for the visit, which begins in Edinburgh with a visit to the Queen in the Palace of Holyroodhouse, is posted on the Vatican's website.Yesterday's Financial Times reports on some of the logistical issues faced by those planning the trip. The Pope's trip will culminate in a ceremony in Birmingham on Sunday beatifying Cardinal John Henry Newman, a 19th century British theologian. Zenit yesterday published an interview with Francis Campbell, U.K. ambassador to the Holy See, who said that the U.K. attaches great importance to its relationship with the Holy See.

Israel's Interior Ministry Will No Longer Accept Online Payments On the Sabbath

Israel's Interior Ministry accepts online payments for various services, such as renewing a passport, replacing a lost identity card or obtaining a permit to hire a foreign worker. Haaretz reported yesterday that Interior Minister Eli Yishai, of the religious Shas Party, has ordered that the Ministry's computers be reprogrammed so they will not accept payments on the Jewish Sabbath or Jewish holidays. Critics say the change is uncalled for since receipt of online payments does not require Ministry personnel to work on the Sabbath or holidays.

Justice Breyer Says 1st Amendment Protection of Qur'an Burning Is Unclear

U.S. Supreme Court Justice Stephen Breyer, in an interview broadcast on ABC News Good Morning America yesterday, said that whether burning the Qur'an is protected by the First Amendment is still an open question. He told interviewer George Stephanopoulos: "[Justice] Holmes said [the First Amendment] doesn’t mean you can shout 'fire' in a crowded theater. Well, what is it? Why? Because people will be trampled to death. And what is the crowded theater today? What is the being trampled to death?'

Tuesday, September 14, 2010

France's Senate Passes Ban on Burqa and Niqab

France's Senate today, by a vote of 246-1, approved a bill banning wearing anywhere in public of garments such as the niqab or burqa that include a full-face veil. The National Assembly, the lower house of France's Parliament has already approved the bill. (See prior posting.) According to BBC, the bill now goes to France's Constitutional Council which has one month to confirm the law's constitutionality. If it passes this hurdle, it will go into effect in six months, though it could also be challenged before the European Court of Human Rights in Strasbourg. Hours after the Senate's action, French police, in response to a bomb threat, evacuated the Eiffel Tower and the park around it. (CNN). It is not clear whether the threat was connected to the Senate's action.

UPDATE: To clarify the voting numbers, the French Senate has 346 members. (Wikipedia.) Most of the opposition Socialist senators abstained. They do not favor full-body veils, but oppose banning them through legislation. (Wall Street Journal).

Suit Seeks Religious Exemption From Catholic School For Immunization Requirement

Fox News yesterday reported on a lawsuit filed in a Nassau County, New York state court against a Catholic high school by parents of a 14-year old seeking to require the school to accept their religious objections to vaccination requirements and enroll their son. The parents, Andrea and Paul Polydor, say they believe that immunizations defile bodies as created by God and show a lack of faith in God and his divinely created immune system. Kellenberg Memorial High School says state law requires a Certificate of Immunization before students can begin to attend classes. New York law does provide for religious exemptions if the school determines the objections are legitimate.

Australian University Suspends Lawyer Over Smoking of Bible And Qur'an Pages On YouTube

In Australia, the Queensland University of Technology has placed research lawyer Alex Stewart on leave after he posted a 12-minute video on YouTube showing him smoking what he says were grass clippings wrapped in pages of the Bible and the Qur'an. The video was titled "Bible of Koran--which burns best?" Today's London Telegraph describes the video on which Stewart, an organizer with the Brisbane Atheists, calls the Bible and Qur'an "just books." Stewart now fears he will be fired over the video. University vice chancellor Peter Coaldrake said: "There is no need for this kind of thing, just to create disunity and disharmony among people living in Australia."

Street Preacher's Lawsuit Challenges DeWitt, NY Noise Ordinance

Yesterday's Syracuse (NY) Post-Standard reports that a lawsuit has been filed in a New York federal district by a Christian preacher seeking to have the DeWitt, New York noise ordinance declared unconstitutional. Traveling Catholic Christian evangelist Nicholas Auricchio was taken to a police station and cited last year for preaching in a loud voice on a public sidewalk. The charges were dropped within a month. The lawsuit claims that the ordinance's ban on any annoying sound that causes "public inconvenience, annoyance or alarm or disturbs the public’s peace, comfort or tranquility" violates Auricchio's free speech and free exercise rights.

9th Circuit Grants En Banc Review In Court Holding Cell Headscarf Case [corrected]

CBS 5 reported yesterday that the 9th Circuit Court of Appeals has granted en banc review in Khatib v. County of Orange. In the case, the 9th Circuit 3-judge panel, by a 2-1 vote concluded that a court house holding cell is not covered by the Religious Land Use and Institutionalized Persons Act. It therefore upheld the dismissal of a RLUIPA lawsuit filed by a Muslim woman who, on two occasions in a single day when the court was dealing with her probation violation, was required to remove her hijab (headscarf) for security reasons.(See prior posting.) [Note- an earlier version of this posting referred to the wrong circuit.]

Raelians Sue Pope Benedict XVI In British Court

In Great Britain, the European Raelian Movement has filed a lawsuit in Britain's High Court against Pope Benedict XVI charging him with violating international human rights law and committing genocide in Africa by continuing to claim that condoms do not prevent the spread of AIDS. According to a press release from the Raelian Movement, the complaint also alleges that the Vatican organized a disinformation campaign against Raelians in retaliation for the Raellians' attempt to call attention to the Catholic Church's child sex abuse scandal. Cardinal Ratzinger (now Pope Benedict) was in charge of dealing with the sex abuse scandal in the 1990's. The Raelian Movement believes that all life on earth was created thousands of years ago by extraterrestrial scientists who were mistaken by our ancestors for gods.

Justice Department Sues California City Under RLUIPA Over Buddhist Temple Use Permit

A press release by the U.S. Department of Justice yesterday reports that the federal government has filed a lawsuit against the city of Walnut, California, charging that it violated the Religious Land Use and Institutionalized Persons Act when it refused to issue a conditional use permit to the Chung Tai Zen Center for it to operate a Buddhist house of worship on land it owned. The complaint charges that the Center's application was treated differently from that of other religious and non-religious groups. Until its denial in 2008 of the Center's application, the city had not refused to issue a conditional use permit to build, expand or operate a house of worship since 1980.

Monday, September 13, 2010

11th Circuit Rejects Free Exercise Challenge To City's Business Regulation

In Manseau v. City of Miramar, (11th Cir., Sept. 10, 2010), the 11th Circuit Court of Appeals dismissed a free exercise claim brought against the city of Miramar, Florida by a couple who were fined for a number of code violations for operating a commercial roofing business out of their residence. Plaintiffs claimed that the citations and fines made them unable to practice their religion which was funded by their roofing business. The court, however, held that the code provisions regulating businesses were valid neutral laws of general application whose effect on religion was merely incidental.

Senegalese Court Convicts Muslim Holy Men of Violating Ban on Use of Children For Begging

Under pressure from human rights groups and U.S. foreign aid agencies, authorities in Senegal last month reversed a long-enrenched custom and banned marabouts-- Muslim holy men-- from enlisting children to beg for them. Then, according to yesterday's New York Times, last week for the first time seven marabouts were convicted by a court in Dakar of violating the ban. They were given a rather light sentence of six months probation and a fine, but many see the move as revolutionary. Human Rights Watch has estimated that there are as many as 50,000 children (called talibes), some as young as 4, on the streets of Senegal weaving in and out of traffic to beg for coins that they must then turn over to marabouts where they live. Supposedly the children are enrolled in schools teaching the Qur'an, but often they learn little. Observers are not sure whether last week's convictions are the beginning of a real enforcement effort or merely a symbolic gesture. The Koranic Teachers Association in the town of Louga called for Sengalese President Abdoulaye Wade to resign if the government insists on enforcing the ban on talibes.

Texas Gubernatorial Candidates Give Views On Teaching of Creationism/ Intelligent Design

The San Angelo (TX) Standard Times yesterday published responses of of Texas Gov. Rick Perry and his opponent in the November election, Houston Mayor Bill White, to questions on K-12 Education. Both were asked: "Explain where you stand on evolution-creationism being taught in the schools." Perry replied:

I am a firm believer in intelligent design as a matter of faith and intellect, and I believe it should be presented in schools alongside the theories of evolution. The State Board of Education has been charged with the task of adopting curriculum requirements for Texas public schools and recently adopted guidelines that call for the examination of all sides of a scientific theory, which will encourage critical thinking in our students, an essential learning skill.

His challenger, Bill White responded:

Educators and local school officials, not the governor, should determine science curriculum.

[Thanks to Scott Mange for the lead.]

Turkish Voters Approve Constitutional Changes That Will Pack Court To Approve More Religious Accommodation

In Turkey yesterday, a 58% vote of the electorate approved a package of constitutional changes. Among them were ones that increase the number of judges on the country's Constitutional Court and give Parliament a greater say in appointing judges. Yesterday's Toronto Globe & Mail reports that these changes pave the way for appointment of judges who will not strike down legislation accommodating religious practices, such as giving women the right to wear head scarves in universities.

Ministerial Exception Applies Regardless of Employees Subjective Intent

In Green v. Concordia University, 2010 U.S. Dist. LEXIS 94168 (D OR, Sept. 8, 2010), adopting a federal magistrate's recommendations (2010 U.S. Dist. LEXIS 94176, June 23, 2010), an Oregon federal district court held that the ministerial exception requires dismissal of a of plaintiff's claim that she was improperly denied admission on the basis of her age and other factors to the Director of Christian Education program of Concordia University, a Christian liberal arts university. The court held that the university's decision was based on criteria that are largely religious. It rejected plaintiff's argument that the ministerial exception did not apply to her Age Discrimination in Employment Claim because she intended to use her DCE certification to teach in public schools. Subjective intent of the employee is not the test. Instead the focus is on the characteristics of the position.

Sunday, September 12, 2010

Recent Prisoner Free Exercise Cases

In Beebe v. Birkett, 2010 U.S. Dist. LEXIS 91690 (ED MI, Sept. 3, 2010), a Michigan federal district court, adopting a magistrate's recommendations, dismissed several claims by a Jewish prisoner, but allowed him to move ahead with a portion of his as-applied challenge to the prison's kosher meal policy. UPDATE: The magistrate's recommendation is at 2010 U.S. Dist. LEXIS 98186, Feb. 22 2010.

In Maier v. Wilson, 2010 U.S. Dist. LEXIS 92732 (D MT, Sept. 7, 2010), a Montana federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 92848, Aug. 5, 2010) and held that plaintiff suffered no injury from the prison's failure to post a list of disallowed religious books; that neither having to choose between going to his prison job or weekly Wicca services nor the prison's restrictions on tarot cards imposed a substantial burden on plaintiff's free exercise; that plaintiff was given adequate opportunity to practice his Wicca religion; and that treatment of Native Americans did not create an Establishment Clause or equal protection violation.

In Roberts v. Shearin, 2010 U.S. Dist. LEXIS 92512 (D MD, Sept. 7, 2010), a Maryland federal district court dismissed an inmate's complaint that his free exercise rights were violated by a temporary ban on inmates receiving hard bound books, including religious books. It dismissed his complaint that he was not permitted to practice his religion of Kinteic Science because he had not taken any steps to have his religion and his requested accommodation recognized.

Mintun v. Peterson, 2010 U.S. Dist. LEXIS 92489 (D ID, Sept. 3, 2010), involved a complaint by a Christian inmate who was gay about the anti-gay environment in the non-denominational fellowship service. He was barred by officials from attending that service while his complaints were investigated and was refused the right to create a separate service for gay Christians. The court dismissed the complaint, holding narrowly that plaintiff had not shown that other eight available Christian religious services were inadequate or that other inmates would attend a service for gay Christians.

In Verducci v. Marsh, 2010 U.S. Dist. LEXIS 92712 (ED CA, Aug. 17, 2010), a California federal magistrate judge dismissed, with leave to file a more specific amended complaint, a county jail detainee's complaint that he was denied access to Jewish religious services, Jewish reading material and a kosher diet.

In Hankins v. Pennsylvania, 2010 U.S. Dist. LEXIS 92743 (WD PA, Sept. 7, 2010), a Pennsylvania federal district court adopted a magistrate's recommendations (Hankins v. Beard, 2010 U.S. Dist. LEXIS 92864, July 29, 2010) and refused to dismiss an inmate's complaint that while confined in county jail he was not provided a religious representative and could not keep religious materials in his cell.

In Crump v. Prelesnik, 2010 U.S. Dist. LEXIS 93178 (WD MI, Sept. 8, 2010), plaintiff alleged that prison authorities infringed his religious rights in a number of ways through retaliatory actions. These included a cell search that left his Qur'an and prayer rug face down on a muddy floor; requiring him to roll down and drag his pants in violation of a religioius prohibition; and delaying plaintiff's request for hygiene items that caused him to be unclean for his daily prayers. These retaliation claims are apparently among those that a Michigan federal district court permitted plaintiff to continue to pursue.

In Adkins v. Cabell, 2010 U.S. Dist. LEXIS 93290 (SD WV, Sept. 7, 2010), a West Virginia federal district court adopted a magistrate's recommendations and dismissed a complaint by a Native American prisoner claiming verbal abuse and harassment over the practice of his religion, as well as a claim of physical abuse as retaliation for suing.

In Waff v. Reisch, 2010 U.S. Dist. LEXIS 93012 (D SD, Sept. 7, 2010), a South Dakota federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 93101, July 30, 2010), and dismissed an inmate's complaint that his religious rights were infringed when he was temporarily taken off the kosher diet plan for taking non-kosher food from another inmate's tray and buying non-kosher food from the commissary. Any claim for injunctive relief is now moot because the sanction policy has been changed. Claims for damages against the state are barred by the 11th Amendment. And plaintiff failed to show how the requirement that he again fill our the "request for religious diet" form violates his rights.

In Holliman v. Paquin, 2010 U.S. Dist. LEXIS 93747 (WD WI, Sept. 7, 2010), a Wisconsin federal district court required an inmate to separate his religious infringement claims into a separate lawsuit from unrelated retaliation claims. Plaintiff alleged establishment clause claims relating to religious symbols in the prison and use of a state employee to lead Christian Bible study. Plaintiff's free exercise claims challenged forcing Muslims to pray in a room with religious symbols and staff walking through Jumu'ah services.

Potential Witnesses In Canadian Polygamy Challenge Seek Anonymity

In Canada last year, British Columbia's Attorney General asked the province's Supreme Court to rule on whether its anti-polygamy law is consistent with Canada's Charter of Rights and Freedom. The move came after unsuccessful attempts to prosecute two FLDS Church leaders. (See prior posting.) Now, according to the Winnipeg Free Press, a bishop of the FLDS Church has filed a motion with the Supreme Court seeking protection from prosecution for FLDS members in polygamous relationships that testify in the case. Lawyer Robert Wickett who represents the bishop says that testimony by people who have led meaningful lives in a polygamous community is essential to counter affidavits by former FLDS members detailing the harm that flows from polygamy. But the FLDS members want to use pseudonyms and sit behind screens when they testify, or testify by teleconference, to protect them from identification for future prosecution. The government says this would make it more difficult to cross examine the witnesses.

South African Court Bars Bible Burning Counterprotest

Spero News reports that on Friday, a South African judge barred a South African businessman and law student, Mohammed Vawda, from organizing a Bible burning day to protest the then-planned Quran burning by Rev. Terry Jones in Florida. The South African lawsuit was filed by an Islamic intellectual organization know as The Scholars of Truth. Plaintiffs convinced South Gautneg High Court, Judge Sita Kolbethat the planned Bible burning would be insulting to all religions. Defendant Vawda said that now he had been "enlightened by the judge who said that by burning the Bible, I am also burning the Qur’an because we share the same prophets."

High Schooler Says Nose Stud Is Religious Expression

In Johnston County, North Carolina, Clayton High School freshman Ariana Iacono is in a fight with school officials over the school's dress code. The student, who along with her mother is a member of the Church of Body Modification says her wearing a nose stud is an expression of her religious beliefs. WTVD News reported Friday that that a minister of the church, Richard Ivey, explains: "We believe that the mind body soul are all one entity and that by modifying the body, you can bring the mind and soul into harmony." Student Iacono says the nose stud helps her self esteem after years of abuse. However apparently the school district's lawyer has concluded that the nose stud is not a necessary part of Iacono's religion.

Today Is 60th Anniversary of JFK's Speech Dispelling Concern Over Catholic As President

Today is the 60th anniversary of the historic speech (full text and audio) by then presidential candidate John F. Kennedy to the Greater Houston Ministerial Association aimed at dispelling concerns about a Catholic becoming President. Here are a few excerpts:

I believe in an America where the separation of church and state is absolute--where no Catholic prelate would tell the President (should he be Catholic) how to act, and no Protestant minister would tell his parishoners for whom to vote--where no church or church school is granted any public funds or political preference--and where no man is denied public office merely because his religion differs from the President who might appoint him or the people who might elect him....

Whatever issue may come before me as President--on birth control, divorce, censorship, gambling or any other subject--I will make my decision in accordance with these views, in accordance with what my conscience tells me to be the national interest, and without regard to outside religious pressures or dictates. And no power or threat of punishment could cause me to decide otherwise.

But if the time should ever come--and I do not concede any conflict to be even remotely possible--when my office would require me to either violate my conscience or violate the national interest, then I would resign the office; and I hope any conscientious public servant would do the same.

But I do not intend to apologize for these views to my critics of either Catholic or Protestant faith--nor do I intend to disavow either my views or my church in order to win this election.

If I should lose on the real issues, I shall return to my seat in the Senate, satisfied that I had tried my best and was fairly judged. But if this election is decided on the basis that 40 million Americans lost their chance of being President on the day they were baptized, then it is the whole nation that will be the loser, in the eyes of Catholics and non-Catholics around the world, in the eyes of history, and in the eyes of our own people.

Fred Schwartz writes in yesterday's National Review on the background and impact of the speech. Meanwhile, former Pennsylvania Senator Rick Santorum, speaking last Thursday at the University of St. Thomas in Houston (full text of remarks), delivered a rare criticism of Kennedy's historic speech, arguing that "Kennedy chose not just to dispel fear, he chose to expel faith."

Saturday, September 11, 2010

Appellate Court Grants Temporary Stay of Injunction Against Stem Cell Guidelines

On Thursday, the Court of Appeals for the D.C. Circuit granted a temporary stay (full text of order) of a district court order that had enjoined the Department of Health and Human Services from applying the Obama administration's guidelines expanding the availability of grants for embryonic stem cell research. (See prior posting.) The court called for completion of briefing by the parties on the merits of a motion to stay the district court's injunction by Sept. 20. Meanwhile, according to Science Insider, the NIH is expediting grant applications hoping to be able to disburse funds for 24 ongoing grants up for renewal in September and for 20 grant proposals that had passed the first stage of peer review, all before the Sept. 20 deadline that could bring reinstatement of the injunction. Meanwhile on Thursday, plaintiffs challenging the guidelines filed a motion for summary judgment with the district court, accompanied by a 64-page memorandum in support of their position. (Full text of motion and supporting memorandum.)

Obama Presses For Tolerance and Free Exercise Rights For U.S. Muslims

The U.S. today marked the ninth anniversary of 9-11, following what the New York Times described as an "impassioned call" by President Obama for better relations between Muslims and non-Muslims. At his news conference on Friday (full text), the President gave lengthy answers to three separate questions on attitudes toward Muslims in the U.S. Here is the Q&A:

Q ... Nine years after the September 11th attacks, why do you think it is that we are now seeing such an increase in suspicion and outright resentment of Islam, especially given that it has been one of your priorities to increase -- to improve relations with the Muslim world?

THE PRESIDENT: I think that at a time when the country is anxious generally and going through a tough time, then fears can surface, suspicions, divisions can surface in a society. And so I think that plays a role in it.

One of the things that I most admired about President Bush was after 9/11, him being crystal-clear about the fact that we were not at war with Islam. We were at war with terrorists and murderers who had perverted Islam, had stolen its banner to carry out their outrageous acts. And I was so proud of the country rallying around that idea, that notion that we are not going to be divided by religion; we’re not going to be divided by ethnicity. We are all Americans. We stand together against those who would try to do us harm.

And that’s what we’ve done over the last nine years. And we should take great pride in that. And I think it is absolutely important now for the overwhelming majority of the American people to hang on to that thing that is best in us, a belief in religious tolerance, clarity about who our enemies are -- our enemies are al Qaeda and their allies who are trying to kill us, but have killed more Muslims than just about anybody on Earth. We have to make sure that we don't start turning on each other.

And I will do everything that I can as long as I am President of the United States to remind the American people that we are one nation under God, and we may call that God different names but we remain one nation. And as somebody who relies heavily on my Christian faith in my job, I understand the passions that religious faith can raise. But I’m also respectful that people of different faiths can practice their religion, even if they don't subscribe to the exact same notions that I do, and that they are still good people, and they are my neighbors and they are my friends, and they are fighting alongside us in our battles.

And I want to make sure that this country retains that sense of purpose. And I think tomorrow is a wonderful day for us to remind ourselves of that....

Q ... [W]ere you concerned at all when you -- when the administration had Secretary of Defense Gates call this pastor in Florida that you were elevating somebody who is clearly from the fringe?...

THE PRESIDENT: With respect to the individual down in Florida, let me just say -- let me repeat what I said a couple of days ago. The idea that we would burn the sacred texts of someone else’s religion is contrary to what this country stands for. It’s contrary to what this country -- this nation was founded on. And my hope is, is that this individual prays on it and refrains from doing it.

But I’m also Commander-in-Chief, and we are seeing today riots in Kabul, riots in Afghanistan, that threaten our young men and women in uniform. And so we’ve got an obligation to send a very clear message that this kind of behavior or threats of action put our young men and women in harm’s way. And it’s also the best imaginable recruiting tool for al Qaeda.

And although this may be one individual in Florida, part of my concern is to make sure that we don’t start having a whole bunch of folks all across the country think this is the way to get attention. This is a way of endangering our troops -- our sons and daughters, fathers and mothers, husbands and wives who are sacrificing for us to keep us safe. And you don’t play games with that.

So I hardly think we’re the ones who elevated this story. But it is, in the age of the Internet, something that can cause us profound damage around the world, and so we’ve got to take it seriously....

Q Thank you, Mr. President. I wonder if I can get you to weigh in on the wisdom of building a mosque a couple of blocks from Ground Zero. We know that the organizers have the constitutional right. What would it say about this country if they were somehow talked out of doing that? And hasn’t the Florida minister’s threat to burn a couple hundred copies of the Koran, hasn’t the threat itself put American lives in danger, sir?

THE PRESIDENT: Well, on the second -- on your second question, there’s no doubt that when someone goes out of their way to be provocative in ways that we know can inflame the passions of over a billion Muslims around the world, at a time when we’ve got our troops in a lot of Muslim countries, that's a problem. And it has made life a lot more difficult for our men and women in uniform who already have a very difficult job.

With respect to the mosque in New York, I think I’ve been pretty clear on my position here, and that is, is that this country stands for the proposition that all men and women are created equal; that they have certain inalienable rights -- one of those inalienable rights is to practice their religion freely. And what that means is that if you could build a church on a site, you could build a synagogue on a site, if you could build a Hindu temple on a site, then you should be able to build a mosque on the site.

Now, I recognize the extraordinary sensitivities around 9/11. I’ve met with families of 9/11 victims in the past. I can only imagine the continuing pain and anguish and sense of loss that they may go through. And tomorrow we as Americans are going to be joining them in prayer and remembrance. But I go back to what I said earlier: We are not at war against Islam. We are at war against terrorist organizations that have distorted Islam or falsely used the banner of Islam to engage in their destructive acts.

And we’ve got to be clear about that. We’ve got to be clear about that because if we’re going to deal with the problems that Ed Henry was talking about, if we’re going to successfully reduce the terrorist threat, then we need all the allies we can get. The folks who are most interested in a war between the United States or the West and Islam are al Qaeda. That’s what they’ve been banking on.

And fortunately, the overwhelming majority of Muslims around the world are peace-loving, are interested in the same things that you and I are interested in: How do I make sure I can get a good job? How can I make sure that my kids get a decent education? How can I make sure I’m safe? How can I improve my lot in life? And so they have rejected this violent ideology for the most part -- overwhelmingly.

And so from a national security interest, we want to be clear about who the enemy is here. It’s a handful, a tiny minority of people who are engaging in horrific acts, and have killed Muslims more than anybody else.

The other reason it’s important for us to remember that is because we’ve got millions of Muslim Americans, our fellow citizens, in this country. They’re going to school with our kids. They’re our neighbors. They’re our friends. They’re our coworkers. And when we start acting as if their religion is somehow offensive, what are we saying to them?

I’ve got Muslims who are fighting in Afghanistan in the uniform of the United States armed services. They’re out there putting their lives on the line for us. And we’ve got to make sure that we are crystal-clear for our sakes and their sakes they are Americans and we honor their service. And part of honoring their service is making sure that they understand that we don’t differentiate between them and us. It’s just us.

And that is a principle that I think is going to be very important for us to sustain. And I think tomorrow is an excellent time for us to reflect on that.

Meanwhile today, according to CNN, Rev. Terry Jones of the Dove World Outreach Center in Gainseville, Florida backed off his plans to burn copies of the Qur'an. The New York Times reported today on the efforts of many in Gainesville to repudiate the anti-Muslim threats by Jones.

Wednesday, September 08, 2010

British Sikh Sues Polish Border Guards Over Airport Search

Polskie Radio today reports that a British Sikh has filed suit (apparently in Polish courts) against Polish border guards who required him to remove his turban during screening at the International Frederic Chopin Airport. Airport procedures call for security personnel to manually touch the turban and then use a special detector instead of requiring removal. Plaintiff, Shaminder Puri, who works for an NGO and the EU, asked the Polish ambassador to India and the head of Poland's Border Guards to investigate, but receive no satisfaction. Any damages Puri recovers will be donated to a charity for children who suffer from leukemia.

Algerian Police Charge Ten Men For Eating In Restaurant In Daytime During Ramadan

According to yesterday's Jerusalem Post, Algerian authorities in the town of Akbou have arrested ten men on charges of mocking Ramadan. The men were picked up in a restaurant in the province of Bejaya when neighbors complained they were desecrating Ramadan by eating during daylight hours. The restaurant owner said police entered the restaurant while its curtain was closed. Human rights groups say the men have not committed any crime. All of the men have been released from jail pending a verdict expected to be handed down in November.

President Obama Sends Rosh Hashanah Greetings

Yesterday the White House released a statement from President Obama sending new year's greetings to Jews in the U.S. and around the world who celebrate Rosh Hashanah beginning this evening. His statement (full text) said in part:

Rosh Hashanah marks the beginning of the spiritual calendar and the birth of the world.... At a time when too many of our friends and neighbors are struggling to keep food on the table and a roof over their heads, it is up to us to do what we can to help those less fortunate. At a time when prejudice and oppression still exist in the shadows of our society, it is up to us to stand as a beacon of freedom and tolerance and embrace the diversity that has always made us stronger as a people. And at a time when Israelis and Palestinians have returned to direct dialogue, it is up to us to encourage and support those who are willing to move beyond their differences and work towards security and peace in the Holy Land.

Court Dismisses Complaint Over Homeowners' Association Order To Remove Cross

In Weatherspoon v. Provincetowne Master Owners Association, 2010 U.S. Dist. LEXIS 92187 (D CO, Sept. 2, 2010), a Colorado federal district court dismissed on collateral estoppel grounds a lawsuit charging, among other things, that a homeowners' association violated plaintiff's free exercise rights when it enforced a covenant against her, requiring her to take down an 8-foot tall cross she had erected in her yard. A prior state court proceeding determined that in placing the cross in her yard without prior approval, the homeowner violated a religiously-neutral neighborhood covenant of general applicability.

Court Refuses To Lift Preliminary Injunction Against Stem Cell Funding Guidelines

D.C. federal district judge Royce Lamberth yesterday issued an order in Sherley v. Sebelius (full text) refusing to lift, pending appeal, his preliminary injunction against applying the Department of Health and Human Services' guidelines expanding permitted federal funding of human embryonic stem cell research. (See prior posting.) Observing that "defendants are incorrect about much of their 'parade of horribles' that will supposedly result from the Court's preliminary injunction," the Order indicates that the preliminary injunction does not affect previously funded projects and does not deal with whether NIH could return to the narrower Bush administration guidelines. AFP reports on the decision.

Suit Charges Dearborn High School Principal With Discrimination Against Non-Muslims

A discrimination lawsuit was filed late last month by two Christian high school teachers against Imad Fadlallah, the now-retired principal of Dearborn, Michigan's Fordson High School, and against the school district. The complaint (full text) in Purcell v. Fadlallah, (ED MI, filed 8/27/2010), alleges that Fadlallah used his position as principal to promote Islam and to systematically weed out teachers, coaches and employees who are not Muslim or Arab. The complaint also makes repeated references to ties between Fadlallah's family and the terrorist group, Hezbollah. Among the incidents of harassment against non-Muslim teachers described in the complaint were scheduling classes for one plaintiff, a science and math teacher who was a diabetic, at the times he needed to eat and administer insulin. It charges that Fadlallah harassed the second plaintiff, a business and marketing teacher, by, among other things, assigning her to teach two classes that met at the same time at opposite ends of the school building. The 34-page complaint alleges numerous other incidents of harassment and discrimination in violation of the First and 14th Amendments and of various statutory and state constitutional protections. The lawyer who filed the suit on behalf of the teachers has issued a press release summarizing plaintiff's claims.

Secretary of State Clinton Hosts State Department Iftar

Secretary of State Hillary Rodham Clinton last night hosted the State Department's annual Iftar (Ramadan break fast). In her remarks (full text), she said in part:

Ramadan teaches and reinforces values that are honored by millions and tens and hundreds of millions of people from other faiths and beliefs. So tonight, while we celebrate together, let us consider how we can build broader and deeper bonds of mutual understanding, mutual respect and cooperation among people of all faiths in the year to come...

We sit down together for this meal on a day when the news is carrying reports that a pastor down in Gainesville, Florida plans to burn the Holy Qu’ran on September 11th. I am heartened by the clear, unequivocal condemnation of this disrespectful, disgraceful act that has come from American religious leaders of all faiths, from evangelical Christians to Jewish rabbis, as well as secular U.S. leaders and opinion-makers. Our commitment to religious tolerance goes back to the very beginning of our nation. Many of you know that in 1790, George Washington wrote to a synagogue in Newport, Rhode Island, that this country will give “to bigotry no sanction, to persecution no assistance.”

Among those attending the Iftar were 70 young American Muslim leaders. The Hill reported last week on the State Department's plans for yesterday's event.

Court Dismisses Christian Pastors' Challenge To Hate Crimes Law

In Glenn v. Holder, (ED MI, Sept. 7, 2010), a Michigan federal district court dismissed on standing and ripeness grounds a challenge to the Matthew Shepard and James Byrd, Jr. Hate Crimes Prevention Act that had been brought by several Christian pastors. Plaintiffs claim that the law interferes with their right to express opposition to homosexuals and homosexual behavior. They allege that the Act is vague and overbroad, and will chill individuals from expressing their views that "homosexual orientation is morally wrong." The court however did not reach the merits of those claims, finding instead that plaintiffs had failed to demonstrate that they faced a credible threat of prosecution under the Act. No case or controversy exists because plaintiffs failed to allege that they intend to willfully cause bodily injury to anyone. The court also concluded that plaintiffs' claims are not ripe. They merely present hypothetical situations that plaintiffs believe will be investigated or prosecuted. Bay City (MI) Times reports on the decision.

Tuesday, September 07, 2010

Religion Becoming An Issue In Hawaii's Democratic Gubernatorial Primary

Religion is beginning to play an important role in Hawaii's Sept. 18 gubernatorial primary election. KITV News yesterday reported on ads and flyers by a group calling itself Island Values. Supporting Democratic candidate Mufi Hannemann over his opponent in the Democratic primary, Neil Abercrombie, flyers charge Abercrombie with mocking the faith-based community. At issue is Abercrombie's support for same-sex civil unions. Gov. Linda Lingle vetoed a civil union bill this summer. (See prior posting.) An Island Values ad urges Christians who would otherwise vote in the Republican primary to instead take a Democratic ballot to vote for Hannemann. Their radio ad says: "There are acceptable and unacceptable candidates. Neil Abercrombie is unacceptable. He declares no religious affiliation." Abercrombie says he was confirmed as an Episcopalian.

Tajikistan Continues Restrictions on Religion While Tajik Muslims Prefer Religious Dispute Settlement

Forum 18 last week reported that the government of Tajikistan is imposing ever tighter controls on religious activity in the country whose majority religion is Islam. Invoking the ban on political organizations establishing mosques, the government has ordered the Islamic Revival Party to stop using its offices for prayers-- though the ban will not be enforced until after Ramadan. The country's Religious a\Affairs Committee has reaffirmed the 2009 ban on children taking part in the hajj pilgrimage to Mecca. Just before the beginning of Ramadan, authorities in the town of Panjakent banned the broadcast of Muslim prayers over loud speakers. Also a case against 17 Jehovah's Witnesses remains open.

Meanwhile, Radio Free Europe today reports that Muslims in Tajikistan are increasingly resorting to local mullahs who apply Sharia law to resolve disputes, particularly issues growing out of divorces. Individuals find this route faster and cheaper than state courts, and prefer the personalized approach of mullahs. Also some state courts officials are corrupt, requesting bribes for specific decisions.

Petraeus Says Florida Church's "Burn a Qur'an Day" Could Endanger U.S. Efforts In Afghanistan

According to a report by ABC News yesterday, the plans of a pastor in Florida to hold a "Burn a Qur'an Day" at his church on the anniversary of 9-11 is now seen as a danger to U.S. troops in Afghanistan. (See prior posting.) Some 500 people in downtown Kabul yesterday protested the plans of of Pastor Terry Jones of the Dove World Outreach Center in Gainesville, Florida. Gen. David Petraeus, the top U.S. commander in Afghanistan, said he is outraged by the Florida church's plans, and predicted that it could endanger troops and the overall U.S. effort in Afghanistan.

USPS Issues Postage Stamp Honoring Mother Teresa

On Sunday, the U.S. Postal Service issued a postage stamp honoring Mother Teresa. Announcing the stamp last week, USPS said:

The U.S. Postal Service will pay tribute to Mother Teresa, who received the Nobel Peace Prize in 1979 for her humanitarian work. Noted for her compassion toward the poor and suffering, Mother Teresa, a diminutive Roman Catholic nun and honorary U.S. citizen, served the sick and destitute of India and the world for nearly 50 years.

According to a press release on Sunday, the stamp was issued during a special ceremony at the Basilica of the National Shrine of the Immaculate Conception in Washington, DC. Postmaster General John Potter spoke at the ceremony. He was joined by a number of Catholic clergy, including Archbishop Pietro Sambi, apostolic nuncio to the United States. [Thanks to Pew Sitter for the lead.]

Monday, September 06, 2010

American Muslims Distressed Over Hostile Attitudes

Today's New York Times carries a front page article titled American Muslims Ask, Will We Even Belong?. It focuses on Muslim distress over the hostile reactions triggered by the proposed Muslim cultural center near Ground Zero. Many Muslims interviewed are frightened "to learn that the suspicion and even hatred of Muslims is so widespread." According to reporter Laurie Goodstein, American Muslims:

liken their situation to that of other scapegoats in American history: Irish Roman Catholics before the nativist riots in the 1800s, the Japanese before they were put in internment camps during World War II. Muslims sit in their living rooms, aghast as pundits assert over and over that Islam is not a religion at all but a political cult, that Muslims cannot be good Americans and that mosques are fronts for extremist jihadis.

Eboo Patel, founder of Chicago's Interfaith Youth Core, says:

After Sept. 11, we had a Republican president who had the confidence and trust of red America, who went to a mosque and said, "Islam means peace," and who said "Muslims are our neighbors and friends," and who distinguished between terrorism and Islam. Now, unlike Mr. Bush then, the politicians with sway in red state America are the ones whipping up fear and hatred of Muslims. There is simply the desire to paint an entire religion as the enemy.

Israeli Politicians Debate Traditional Switch Off Daylight Savings Time For Yom Kippur

In Israel, members of the Knesset this week were engaged in debates over whether to continue the traditional practice in Israel of moving off daylight savings time beginning during the ten days between Rosh Hashanah and Yom Kippur. The motivation for the practice is to obtain an earlier sundown and thus end the Yom Kippur fast at an earlier hour-- though the move does not shorten the total number of hours in the day-long fast which would also begin earlier with the change. This year the Jewish High Holidays come particularly early. Yom Kippur falls on Sept. 18. Business leaders say an early move to Standard Time costs the economy NIS 10M ($2.6M U.S.) and increases road accidents because of increased driving time in the dark. Israel is on Daylight Savings Time each year several weeks less than are the U.S. and Europe. Last week, some 100,000 Israelis signed an online petition urging the public to ignore the switch back to Standard Time. Interior Minister Eli Yishai suggested a compromise-- switch to Standard Time for Yom Kippur, and then go back to Daylight Savings Time the next week.

Department of Labor Blog Honors Ties Between Religion and Labor Movement

Today is Labor Day in the United States. On the official blog of the U.S. Department of Labor, Phil Tom, Director for DOL's Center for Faith-Based & Neighborhood Partnerships, recently posted his thoughts on Labor Day in a piece titled Keeping Faith In Labor. He writes in part:

Labor Day weekend is a time when faith communities and the labor movement celebrate their common bonds of equality, justice, dignity, and fair treatment for all workers. In fact, in 1909, the American Federation of Labor adopted the Sunday before Labor Day as "Labor Sunday" to honor the spirituality of the labor movement.

USA Today's Faith and Reason blog has more on Labor and religion.