DOE Returns To Prior Policy On Religious-Ethnic Discrimination On Campuses

JTA reports that in new guidance issued yesterday by the U.S. Department of Education on bullying, DOE made clear that it is returning to its 2004 policy on religious discrimination designed to permit the application of federal civil rights laws to anti-Semitic incidents on campuses, as well as to discrimination against Arab Muslims and Sikhs at schools receiving federal funds.  Title VI of the 1964 Civil Rights Act bars discrimination on the basis of race, color or national origin, but it does not bar religious discrimination by institutions receiving federal funds. However, in a "Dear Colleague" letter (full text) sent by the Department's Assistant Secretary for Civil Rights to 15,000 schools, and 5,000 colleges and universities around the country (ABC News), the Department announced:

While Title VI does not cover discrimination based solely on religion, groups that face discrimination on the basis of actual or perceived shared ancestry or ethnic characteristics may not be denied protection under Title VI on the ground that they also share a common faith.  These principles apply not just to Jewish students, but also to students from any discrete religious group that shares, or is perceived to share, ancestry or ethnic characteristics (e.g., Muslims or Sikhs).  Thus, harassment against students who are members of any religious group triggers a school’s Title VI responsibilities when the harassment is based on the group’s actual or perceived shared ancestry or ethnic characteristics, rather than solely on its members’ religious practices.  A school also has responsibilities under Title VI when its students are harassed based on their actual or perceived citizenship or residency in a country whose residents share a dominant religion or a distinct religious identity.

Rep. Brad Sherman who had introduced legislation to extend the coverage of Title VI to religious discrimination (see prior posting) issued a release applauding DOE's announcement. In 2006, DOE as well as the U.S. Civil Rights Commission had apparently backed away from enforcing Title VI to get at anti-Semitic incidents. (See prior posting.)

 

New Report Issued On Impact of Blasphemy Laws

Freedom House last week issued a 138-page report titled Policing Belief: The Impact of Blasphemy Laws on Human Rights. Examining blasphemy and religious insult laws in seven countries, the report concludes that:

blasphemy laws are often vaguely worded and ill-defined, making them prone to arbitrary or overly broad application, particularly in settings where there are no checks and balances in place to prevent such abuses. In countries with weak democracies, authoritarian systems, or compromised judiciaries, these laws have a particularly pernicious effect:

• Governments have abused blasphemy laws to silence the political opposition, government critics, and other dissidents.
• Individuals have fabricated charges of blasphemy against others in their communities to settle petty disputes.
• Religious extremists have exploited blasphemy laws to justify attacks on religious minorities, thereby fostering an environment of intolerance where discrimination is effectively condoned by the state.
• Religious institutions, often with official or unofficial government backing, have used blasphemy laws to impose the state-sanctioned interpretations of religious doctrine on members of minority sects that are deemed deviant or heretical.

California Court Upholds Sexual Harassment Award To Firefighters Ordered To Drive In LGBT Pride Parade

In Ghiotto v. City of San Diego, (CA App. Oct. 14, 2010), a California state appellate court upheld a trial court's award of damages for sexual harassment and an award of attorneys' fees to four firefighters who were required, over their personal objections, to drive a fire engine in the San Diego Pride Parade celebrating the local LGBT community. Parade spectators directed sexual comments and gestures at the firefighters and some spectators wore sexually suggestive clothing or exposed themselves. The appeals court also affirmed the trial court's dismissal of plaintiffs' free expression challenge, finding that only injunctive relief had been sought and a policy change limiting staffing of parades to volunteers meant that there is no threat of firefighters being forced to participate in parades in the future. (See prior related posting.) [Thanks to Alliance Alert for the lead.]

Court Clears Mississippi Personhood Amendment For 2011 Ballot

In Hughes v. Hosemann, (MS Cir. Ct., Oct. 26, 2010), a Mississippi state trial court judge cleared the way for a "personhood" amendment to appear on the November 2011 ballot in the state.  Challengers argued that Initiative Measure Number 26 violates Sec. 273(5)(a) of the Mississippi Constitution that bars use of the initiative procedure to propose, modify or repeal any portion of the state constitution's Bill of Rights.  Without elaboration, the court stated merely that plaintiffs had not carried the "heavy burden" required to restrict the citizenry's right to amend the state's constitution. The proposed constitutional amendment would define the word "person" as used in the state constitution to include "every human being from the moment of fertilization, cloning or the functional equivalent thereof." Liberty Counsel issued a press release commending the court for its "commonsense ruling."

Court Dismisses Jewish Student's Discrimination Claim Against Seton Hall

In Vaynberg v. Seton Hall University, 2010 U.S. Dist. LEXIS 112634 (D NJ, Oct. 21, 2010), a New Jersey federal district court dismissed a religious discrimination claim brought against Seton Hall University by a Jewish student who was dismissed from the school's doctoral program in physical therapy for failing to maintain a 3.0 GPA. Plaintiff Farakh Vaynberg alleged that one of her instructors, Dr. Kim Poulson, refused to excuse her from class on Yom Kippur and told her to choose between her faith and her school work. She claims that this exchange made her feel compelled to take a mid-term exam on Yom Kippur in a second course offered by a different instructor who had in fact excused Jewish students for Yom Kippur. The court found  no causal connection between Dr. Poulson's alleged conduct and Vaynberg's dismissal because Poulson gave Vaynberg some of her best grades. She also failed to present evidence to support her claim that meetings with Poulson after an unsatisfactory grade in her clinical practicum (which did not count in her GPA) upset her so that she performed poorly in other courses. Finally, according to the court, no state action was shown to support Vaynberg's First Amendment free exercise claim.

Plaintiffs Can Proceed With Negligent Retention and Supervision Claims Against Catholic Church and School

In Jones v. Roman Catholic Archdiocese of New York, (Sup. Ct. NY County, Oct. 7, 2010), a New York state trial court dismissed negligent hiring, breach of contract and deceptive business practice claims brought by a female student and her parents against the Roman Catholic Diocese of New York, the Church of St. Paul and the school it operates, growing out of sexual abuse of the student by a female part-time gym and music teacher.  It also dismissed negligent retention and supervision claims against the Diocese.  However plaintiffs were permitted to proceed with their claims of negligent retention and supervision against the Church of St. Paul's and St. Paul's Catholic School.

Survey Released On Church Involvement In Distributing Candidate Information

A survey released last week by the Pew Forum on Religion & Public Life reports that among voters who attend religious services at once per month, 15% say that information on political parties or candidates has been made available at their places of worship. Within that group, 36% of Black Protestants report that information has been made available at their churches. However only 5% of all respondents, 6% of Black Protestants, and 7% of Catholics say that clergy have urged them to vote in a specific way.

In Tajikistan, Islamic Party's Prayer Room Burns Down

In Tajikistan's capital of Dushanbe on Sunday, a controversial room used for daily prayers in the headquarters of the Islamic Revival Party (IRP) was destroyed by fire. Central Asia Newswire reports that Tajikistan's Committee on Religious Affairs had threatened to close the room because under the country's constitution political parties are not allowed to sponsor religious activities. An IRP leader has suggested constitutional changes to recognize the importance of religion in Tajik culture.

Blogger Who Criticized Church Pastor Settles Lawsuit Against Police Officials

ABP last week reported on a settlement in Rich v. City of Jacksonville, a Florida federal court lawsuit by a blogger against against a sheriff's office official and an assistant state attorney charging free speech and Establishment Clause violations. Tom Rich began an anonymous blog on which he raised concerns about the pastor of First Baptist Church in Jacksonville. Officer Robert Hinson, who was also on the pastor's security detail, opened an investigation in order to be able to subpoena Google and Comcast to discover the owner of the blog. Hinson obtained subpoenas from the Office of the State Attorney. Ultimately church officials were told the blogger's identity and the church barred Rich from its premises and began proceedings to revoke his church membership. (See prior posting.)  The settlement, announced on Rich's blog, gives plaintiff $50,000 in damages and commits the Jacksonville sheriff's office to make changes in its conflict of interest code and develop training for detectives on First Amendment issues. [Thanks to Wall of Separation for the lead.]

California Abusive Priest Personnel Records Released Implementing 2007 Settlement

The San Francisco Examiner reports that after three years of litigation, a California judge on Friday issued an order releasing some 10,000 pages of personnel records relating to 48 Catholic priests in the San Diego diocese who were either convicted or credibly accused of sexual abuse or who were named in a civil suit.  The order (full text) in The Clergy Cases II, (CA Super. Ct., Oct. 22, 2010), grew out of a 2007 settlement by 144 plaintiffs with the diocese for some $200 million and an agreement that an independent judge would decide which personnel records would be made public. (See prior posting.) All of the documents released Friday are available at BishopAccountability.org. Attorneys are still seeking release of another 2000 pages of files.

Supreme Court Review Sought In Pastor's Defamation Claim Against Church

On Friday, a petition for certiorari (full text) to the U.S. Supreme Court was filed in Cooke v. Tubra.  In the case, an Oregon state appellate court held that jurisdiction over an interim pastor's defamation claim against his former church and two of its officers is not necessarily barred by the First Amendment. (See prior posting.) The Oregon Supreme Court denied review. The court below distinguished between statements made by a church that are necessarily religious in nature, and those that do not concern the religious beliefs and practices of the organization or are made for a non-religious purpose. [Thanks to Mark Chopko for the lead.]

Indian Court Holds Women Heirs of Priests Have Equal Rights To Share In Offerings

In India, a Delhi High Court judge has ruled that women in priestly families of the Kalkaji Temple have an equal right with men to share in the offerings collected during festivals. Today's Hindustan Times  and Express India report on the decision that dismissed a suit by one of the priests seeking an order to prevent his three sisters from claiming a share of the offerings.  The court rejected arguments that historically only males shared in the offerings because they are the ones who performed temple rituals.  The court wrote in part: "If one keeps the underlying principles of the international covenants and the guarantee of equality held out by our Constitution in mind, it would be anachronistic and regressive to affirm the contention that the discriminatory practice of excluding female heirs from the benefits of property rights to which Baris are attached, which appears to have existed all this while, should be continued."

Recent Articles of Interest

From SSRN:

• Maimon Schwarzschild, How We Judge the Judges, (Conversations, No. 8, p. 83, 2010).
• Geoffrey P. Miller, Monarchy in the Hebrew Bible, (NYU School of Law, Public Law Research Paper No. 10-76, Oct. 19, 2010).
• Diane Marie Amann, Cecelia Goetz, Woman at Nuremberg, (International Criminal Law Review, Forthcoming).

From SmartCILP:

• Amos N. Guiora, Protecting the Unprotected: Religious Extremism and Child Endangerment, 12 Journal of Law & Family Studies 391-407 (2010).
• Ran Kuttner, What Does It Mean to Do the Right Thing?, 10 Nevada Law Journal 407-432 (2010).
• Adelaide Madera, Civil and Religious Law Concerning Divorce: The Condition of Women and Their Empowerment, 12 Journal of Law & Family Studies 365-389 (2010).
• Brett G. Scharffs & Suzanne Disparte, Comparative Models for Transitioning from Religious to Civil Marriage Systems, 12 Journal of Law & Family Studies 409-430 (2010).
• Rhona Schuz, The Relevance of Religious Law and Cultural Considerations in International Child Abduction Disputes, 12 Journal of Law & Family Studies 453-497 (2010).
• Lynn D. Wardle, Marriage and Religious Liberty: Comparative Law Problems and Conflict of Laws Solutions, 12 Journal of Law & Family Studies 315-364 (2010).
• Symposium: Families, Fundamentalism, & the First Amendment. Introduction by Vivian E. Hamilton; articles by Randall Balmer, Frederick Mark Gedicks, Andrew Koppelman, Robin Fretwell Wilson, Marci A. Hamilton, Catherine J. Ross, June Carbone, Naomi Cahn and John E. Taylor. 18 William & Mary Bill of Rights Journal 883-1095 (2010).

Tony Blair's Sister-In-Law Converts To Islam; Says She Hopes It Changes Blair's Views

Yesterday's London Mail reports that Lauren Booth, the sister-in-law of former British Prime Minister Tony Blair, has converted to Islam after having a holy experience at the shrine of Fatima al-Masumeh in the city of Qom during a visit to Iran six weeks ago. Booth, the half-sister of Cherie Blair, works for Press TV, the English language Iranian news channel. She says she hopes her conversion will cause Blair-- now an envoy on the Middle East for the so-called Quartet-- to change his views of Islam.  Booth now wears a hijab whenever she is in public, prays five times a day and abstains from alcohol despite her previous craving for a glass or two of wine at the end of each day.

Recent Prisoner Free Exercise Cases

In Clifton v. Lappin, 2010 U.S. Dist. LEXIS 111569 (WD LA, Oct. 18, 2010), adopting magistrate's recommendations (2010 U.S. Dist. LEXIS 111473, Oct. 4, 2010), and Plummer v. Lappin, 2010 U.S. Dist. LEXIS 111502, Oct. 18, 2010), adopting magistrate's recommendations (2010 U.S. Dist. LEXIS 111477, Sept. 20, 2010), a Louisiana federal district court rejected complaints that inmates are prohibited from attending religious services when the entire prison is on lock down.


In Townsend v. Byers, 2010 Conn. Super. LEXIS 2285 (CT Super., Sept. 21, 2010), a Connecticut state trial court held that an inmate's free exercise rights were not violated when a correctional officer responded to his threat to file a grievance by telling him "to write to Allah."


In Means v. Nevada Department of Corrections, 2010 U.S. Dist. LEXIS 112507 (D NV, Oct. 7, 2010), a Nevada federal district court permitted a prisoner to move ahead with due process and free exercise challenges to delays by prison officials in recognizing Vedantu/Kashmir Shavism as a religion and in approving various items, including prayer beads, to allow him his religious observances.

Complaint Says Roommate Ad On Church Bulletin Board Violates Fair Housing Act

WOOD-TV News and Fox News report on a complaint filed (full text) with the Michigan Department of Civil Rights over an ad that a woman posted on her church's bulletin board seeking a Christian roommate.  The Fair Housing Center of West Michigan filed the complaint against a 31-year old Grand Rapids (MI) woman after someone in the congregation complained about the ad. A Fair Housing Center spokesperson says that the woman has the right to limit renting out to Christian roommates, but it is a violation of law to advertise publicly using religious criteria. The federal Fair Housing Act, 42 USC Sec. 3604 provides that it is unlawful:

To make, print, or publish, or cause to be made, printed, or published any notice, statement, or advertisement, with respect to the sale or rental of a dwelling that indicates any preference, limitation, or discrimination based on race, color, religion, sex, handicap, familial status, or national origin, or an intention to make any such preference, limitation, or discrimination.

An Alliance Defense Fund attorney representing the woman charged with the FHA and Michigan Civil Rights Act violations said: "Christians shouldn't live in fear of being punished by the government for being Christians. It is completely absurd to try to penalize a single Christian woman for privately seeking a Christian roommate at church -- an obviously legal and constitutionally protected activity." [Updated]

Geert Wilders Trial Halted Over Bias of Judicial Panel

The London Guardian reports that on Friday the trial in the Netherlands of far-right political leader Geert Wilders was halted as a separate panel of judges ruled that the panel hearing hate speech charges against Wilders was biased. Wilders is charged with inciting hatred and discrimination against Muslims after urging that the Qur'an be banned (see prior posting) and production of a film titled Fitna.  Distributed online, the video equates Islam with violence. (See prior posting.) The move to disqualify the judicial panel came after it refused to permit Wilders to call as a witness a Dutch professor of Arabic studies, Hans Jansen.  Originally the Dutch prosecution service refused to file charges against Wilders, but an appeals court ordered charges to be brought. (See prior posting.) Now it appears that Tom Schalken, one of the appeals court judges who was involved in issuing that order, had dinner with Prof. Jansen and tried to convince him of the correctness of the decision to press charges against Wilders.

Fired Muslim Truck Driver Sues For Failure To Accommodate Religious Beliefs

Philadelphia Daily News on Friday reported on an employment discrimination lawsuit filed in federal court in Pennsylvania by a Muslim man who was fired from his job as a truck driver because he refused to transport a shipment of Miller Lite beer.  Plaintiff Vasant Reddy claims that when he was hired, Schneider National, Inc. told him they could accommodate his religious objections to transporting alcohol or tobacco. However two days after Reddy refused to transport a shipment of alcohol, he was told to resign or be fired.  Reddy's attorney claims that accommodation would not be difficult because less than 5% of Schneider National's shipments are of alcoholic beverages.

Catholics' Challenge To Critical San Francisco Resolution Dismissed By En Banc 9th Circuit

In Catholic League for Religious and Civil Rights v. City and County of San Francisco, (9th Cir., Oct. 22, 2010), the U.S. 9th Circuit Court of Appeals yesterday, en banc, dismissed a lawsuit brought by the Catholic League and two individual Catholics challenging on Establishment Clause grounds a resolution passed by the San Francisco (CA) Board of Supervisors. The Resolution, adopted in in 2006, "urg[ed] Cardinal William Levada ... to withdraw his discriminatory and defamatory directive that Catholic Charities of the Archdiocese of San Francisco stop placing children in need of adoption with homosexual households." A 3-judge panel of the 9th Circuit had dismissed the case. (See prior posting.)  A majority of the eleven judges of the 9th Circuit en banc agreed that the case should be dismissed-- 5 would dismiss on standing grounds (without reaching the merits) and 3 would dismiss on the merits.  Conversely 6 judges concluded that the plaintiffs had standing, but only 3 concluded that plaintiffs should have prevailed on the merits.

Judge Kleinfield, joined by Judges Thomas, Silverman, Clifton, Bybee and Ikuta, comprised the majority finding standing.  Judge Kleinfield wrote:

The standing question, in plain English, is whether adherents to a religion have standing to challenge an official condemnation by their government of their religious views, and official urging by their government that their local religious representative defy their church. Their “personal stake” assures the “concrete adverseness” required.... Plaintiffs aver that not only does the resolution make them feel like second-class citizens, but that their participation in the political community will be chilled by the City’s hostility to their church and their religion.

Judge Graber, joined by Chief Judge Rymer and Judges Kozinski, Hawkins and McKeown would have dismissed on standing grounds. Judge Graber wrote:

I agree with the District of Columbia Circuit that, "[w]hen plaintiffs are not themselves affected by a government action except through their abstract offense at the message allegedly conveyed by that action, they have not shown injury-in-fact to bring an Establishment Clause claim."

On the merits, Judge Silverman, in an opinion joined by Judge Bybee and Ikuta, concluded:

duly-elected government officials have the right to speak out in their official capacities on matters of secular concern to their constituents, even if their statements offend the religious feelings of some of their other constituents. The key here is that the resolution in question had a primarily secular purpose and effect and addressed a matter of indisputably civic concern.

However Judge Kleinfield, joined by Judges Thomas and Clifton, wrote:

We have not found another Establishment Clause case brought by people whose religion was directly condemned by their government.... For the government to resolve officially that "Catholic doctrine is wrong," is as plainly violative of the Establishment Clause as for the government to resolve that "Catholic doctrine is right."

SF Appeal today reports on the decision. [Corrected].

Ohio Middle School Science Teacher Drops Suit Over His Firing For Promoting Religion

Today's Mount Vernon (OH) News reports that on Thursday, Ohio middle school science teacher John Freshwater and his wife filed a stipulation along with the Mount Vernon (OH) school board asking an Ohio federal court to dismiss Freshwater's religious discrimination and other claims. Freshwater was fired for posting copies of the Ten Commandments in his classroom, refusing to remove his personal Bible from on his desk, and a storing a box of Bibles in the back of the classroom for use by the school's Fellowship of Christian Athletes. It was also claimed that an in-class experiment with a Tesla coil left a mark on a student's arm in the shape of a cross. (See prior posting.)  No settlement was reached between the parties in the case, but apparently Freshwater has run out of funds and is now hoping to prevail when a referee issues a decision in his administrative appeal of his firing. The referee heard 38 days of testimony. Referring to the fact that the school board has not paid anything in settlement to him in exchange for his dropping the case, Freshwater said: "We have already spent our life savings and have pledged our farm to get to the truth. It is better to leave the money on the table than to take the Bible off of my desk." The school's attorney said there was never any monetary settlement offer for Freshwater to reject.

Cert. Petition Filed In "Ministerial Exception" Case

Yesterday a petition for certiorari (full text) was filed in Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC.  In the case, the U.S. 6th Circuit Court of Appeals held that parochial school teachers who teach primarily secular subjects are covered by the Americans With Disabilities Act. They are not "ministerial employees" who are excepted from coverage. (See prior posting.) The Becket Fund issued a press release announcing the petition seeking Supreme Court review. [Thanks to Douglas Laycock for the lead.]

Tax Exempt Status of Prayer Breakfast Sponsor Challenged

According to the Washington Post last week, an Ohio-based clergy group, ClergyVOICE, filed a complaint with the Internal Revenue Service on Oct. 12 (full text) challenging the tax-exempt status of the Fellowship Foundation, the organization that sponsors the National Prayer Breakfast. The Foundation received two $25,000 checks in 2004 from the Missouri-based Islamic-American Relief Agency which was included on a Senate Finance Committee list of organizations that finance terrorist activities. In an indictment, the Justice Department claims that the funds were stolen from an AID grant for relief work in Mali. Allegedly, some $18,000 of the funds were funneled through the Fellowship Foundation and used to pay former Congressman Mark J. Siljander for lobbying to get IARA off the Senate Finance Committee list. The remaining $32,000 was allegedly retained by the Foundation, and possibly used to fund overseas travel for member of Congress or to fund the C Street Center which provided subsidized housing to certain members of Congress. The Foundation denies that it retained any of the funds or that it used them for these purposes.

Court Rejects Ethics Charge In Suit Challenging Establishment Clause Settlement

Responding rather quickly to a filing with it of a "Notice Suggesting Improper or Unethical Conduct" on the part of defendants (see prior posting), a federal district court in Allen v. School Board for Santa Rosa County Florida, (ND FL, Oct. 21, 2010), yesterday issued an order (full text) concluding that "The notice merits no action by the court." At issue was a charge that a high school principal did not authorized filings made on his behalf in a suit challenging a settlement of an Establishment Clause challenge to religious practices in the Santa Rosa, Florida school district. [Thanks to Glenn Katon and Randall Marshall for the lead.]

New Survey Says 33% Believe Religious Messages Contribute To Gay Suicides

A survey released yesterday by the Public Religion Research Institute in Partnership with Religion News Service shows that 33% of Americans believe that messages from places of worship are contributing "a lot" to higher rates of suicide among gay and lesbian youths. 42% gave places of worship a grade of "D" or "F" on their handling of the issue of homosexuality. However 75% of white evangelicals gave their own church an "A" or "B" in its handling of the issue. Young adults and Democrats are more likely than older Americans and Republicans to be critical of messages from religious groups about gays and lesbians.

Obama Visit To Sikh Temple In India Scrubbed, Apparently Over Head Covering Issue

President Obama will visit India next month. The New York Times reported yesterday that Sikhs in the United States are distressed that tentative plans for him to include a stop at the Golden Temple in Amristar have been cancelled. It is reported that part of the reason for the cancellation is the Sikh tradition that men tie a piece of cloth on their heads before entering the Temple.  Apparently the White House is concerned that photos of the President wearing a Sikh headscarf will further false perceptions that he is Muslim, not Christian. However security reasons may also be playing a part since the Temple is near the Pakistan border.  Sikh groups in the U.S. are encouraging Obama to reconsider, saying that a visit by him would allow Sikhs to introduce themselves to the world. Press Secretary Robert Gibbs says Obama's schedule is not finalized

Germany's President Urges Turks To Give More Religious Freedom To Christians

According to Today's Zaman, Germany's president, Christian Wulff, on an official trip to Turkey has used two events to urge more freedom of religion for Christians in Turkey.  Both in remarks to the Turkish Parliament in Ankara on Wednesday and at a mass held in the historic St. Paul Church in Tarsus-- now a museum-- Wulff urged legal changes to assure full religious freedom for Christians.  At Tarsus, he emphasized the need to reopen the Halki seminary on Heybeliada so Christian clergy can be educated in the country. Recently Turkey has allowed Christians to hold Mass at two historic churches.

NPR Fires Juan Williams Over Remarks About Muslims Delivered On Fox News

Yesterday evening, NPR terminated its contract with its news analyst, Juan Williams, after Williams made comments on Fox News about his views of Muslims.  The New York Times today reports that Williams, who is also a Fox News political analyst, made the offending comments while appearing on The O'Reilly Factor in response to a question posed to him by Bill O'Reilly.  Williams said in part:

I mean, look, Bill, I’m not a bigot. You know the kind of books I’ve written about the civil rights movement in this country. But when I get on the plane, I got to tell you, if I see people who are in Muslim garb and I think, you know, they are identifying themselves first and foremost as Muslims, I get worried. I get nervous.

NPR issued a statement saying that the remarks were inconsistent with NPR's editorial standards and undermined Williams' credibility as an NPR analyst. In response, former Republican governors Sarah Palin and Mike Huckabee, both Fox News personalities, called for Congress to defund NPR. (CBS News.)

Maryland High Court Judge Responds To Dissent With Biblical Midrash

Maryland's highest court, the Maryland Court of Appeals, today decided a case on the applicability of the statute of frauds provision of the Maryland Credit Agreement Act.  In Pease v. Wachovia SBA Lending, Inc., (MD Ct. App., Oct. 21, 2010), three judges in a partial dissent argued in part that the majority should have "amplified" its reasoning.  Reacting to that criticism, the majority opinion by Judge Harrell [corrected] added this footnote (n.7), responding with a Midrash from Jewish religious writings:

The Concurring and Dissenting opinion's efforts to grapple with the Maryland Credit Agreement Act's plain language, legislative history, and how other jurisdictions may havetreated debatably similar facts under arguably similar statutory schemes, where not entirely necessary, call to mind the story of the Exodus. The Midrashic interpretation of the Exodus from Egypt recounts that, upon reaching the Red Sea, the waters did not automatically part before the Israelites. MIDRASH RABBAH, VOL. III 272 (S.M. Lehrman, trans., 3d ed. 1983). While the Israelites stood by the shore contemplating their impending doom, Nahshon Ben Amminadab entered the water until the sea reached his nostrils. THE JEWISH ENCYCLOPEDIA VOL. IX 146 (Funk & Wagnall 1905); MIDRASH RABBAH, supra. It was not until this act of self-sacrifice that the sea’s waters parted. Imagine, however, that there was a way for the Israelites to continue on their path without having to wade in water over their heads. The Concurring and Dissenting opinion here takes on the Maryland Credit Agreement Act at least up to its eyebrows; we wade in, however, only up to our nostrils.

We regret that the quality of our abridged analysis apparently does not meet the more rigorous standards expected by the subscribers to the Concurring and Dissenting opinion.

Free Exercise Challenge To Custody Decree Rejected

In Forthner v. Forthner, (MS App., Oct. 19, 2010), a Mississippi court of appeals rejected a father's religious free exercise challenge to a judge's decision giving his wife custody of their children and denying the husband separate maintenance.  The appellate court explained:

In this case, Desmond bases his claim of religious discrimination on exchanges within the record where the chancellor provided his opinion that Desmond should reconsider his attitude toward the children and "rethink the idea that children should always be told the truth." Desmond asserts that his idea regarding truthfulness is based on his religious beliefs. The chancellor's view on Desmond's attitude was in no way derogatory toward a religious practice.... The record simply does not support the contention that the chancellor's decision regarding the issues of custody and separate maintenance were in any way influenced by Desmond's religion. 

High School Cancels Football Prayers In Response To Group's Complaint

My Fox Memphis reported yesterday that in response to a  complaint by the Freedom from Religion Foundation (full text of letter), Hamilton County, Tennessee school superintendent Jim Scales has ordered an end to public prayers at a district high school's football games. According to yesterday's Chattanooga Times Free Press , traditionally Hamilton County's Soddy-Daisy High School has broadcast Christian prayers over loudspeakers at football games and at graduation the salutatorian delivers a prayer. Before the superintendent's decision, Hamilton County school board member Rhonda Thurman defended the practice saying that the prayers are part of the school's tradition anyone who does not wish to hear them can "put their fingers in their ears."  She continued" "Everybody is offended by something. I'm offended by a lot of those little girls running around with their thong panties showing, but I can't make that go away." And a parent of the student football team manager said: "People who find Christianity contrary to their beliefs shouldn’t be offended that [Christians] have the freedom to express their religious beliefs."

Iowa Absentee Voting During Church Services Concerns ACLU

Iowa law provides that county auditors may approve satellite absentee voting stations at which voters can cast an absentee ballot prior to election day. Today's Des Moines Register reports that for the first time, two Ames Iowa churches will host absentee voting during church services. The Iowa ACLU is concerned about the move, especially because of the church-based campaign in Iowa to unseat state Supreme Court justices over their decision striking down the ban on same-sex marriage. (See prior posting.) However church representatives say they will not instruct their members how to vote.  Apparently the move to have churches host satellite voting was initiated by county auditor Mary Mosiman, not by the churches. Three other churches will also host satellite voting, but not during the time of church services.

Filing Suggests Improper Conduct In Santa Rosa School Litigation

Yesterday brought another unusual development in the long-running litigation challenging religious practices in the Santa Rosa, Florida schools.  In March 2009, the Santa Rosa County School Board agreed to settle a lawsuit brought against it by the ACLU challenging various religious practices in the school system. (See prior posting.) In May 2010, a large group of parents, teachers, staff, students, former students, and community residents sued to enjoin the school board and superintendent from enforcing the settlement. (See prior posting.) In Allen v. School Board for Santa Rosa County, 2010 U.S. Dist. LEXIS 11111 (ND FL, Aug. 20, 2010), the court found that the principal of Pace High School and other plaintiffs in the original lawsuit that led to the challenged settlement are indispensable parties and ordered them joined. In response, in September a motion to dismiss was filed on behalf of principal Bryan Shell.  Now, in a motion with the court titled "Notice of Potentially Improper or Unethical Conduct," plaintiffs claim that the principal in fact never agreed to submissions on his behalf. The current filing declares in part:

These facts suggest that the two existing Defendants in this suit may have considered the Court’s invitation to the Principal as merely an opportunity for them to have a third bite of the litigation apple, and are using the office of Principal to suit their purposes without the knowledge, much less authorization, of the duly appointed occupant of that office. This prejudices Plaintiffs, by requiring them to respond to a third set of arguments and motions in this litigation controlled and advanced entirely by two existing parties.

The allegations in the filing are supported by affidavits not of the principal, but of the principal's secretary and of a reading coach who say that the principal told them he had not authorized participation in the lawsuit or any filings on his behalf, that he never saw the filings and is upset that someone took action on his behalf without his authorization. Liberty Counsel issued a press release announcing the filing.

Father Acquitted of Contempt Over Charges of Taking Daughter To Mass

Last May, in a widely publicized custody case, Joseph Reyes was ordered to stand trial for criminal contempt for violating a court order that he not expose his daughter to any religion other than Judaism. (See prior posting.) The order was issued after Reyes, in the midst of a divorce proceeding, sent his wife, who was raising their daughter in the Jewish faith, photos of his taking their daughter to be baptized.  Reyes responded by inviting a television crew to film him taking the daughter to Catholic Mass. Chicago Breaking News reports that at Reyes trial yesterday, a Cook County judge said there was no evidence to prove that Reyes had violated the order.  The video introduced at trial did not show the daughter's face or show her at Mass.The restriction on Reyes taking the daughter to church was removed in the couple's final divorce decree, and Reyes has taken his daughter to Christmas and Easter services. His wife is appealing the provisions in the final decree that permit this.

Minnesota Secretary of State Candidate Says No Church-State Separation Requirement Exists

Yesterday's Minnesota Independent reports that Minnesota Republican Secretary of State candidate Dan Severson has been giving interviews on conservative religious radio in recent weeks arguing that there is no requirement for separation of church and state. Here is part of his interview by Brad Brandon on World of Truth Radio Show:

Quite often you hear people say, ‘What about separation of church and state?’ There is no such thing. I mean it just does not exist, and it does not exist in America for a purpose, because we are a Christian nation. We are a nation based on Christian principles and ideals, and those are the things that guarantee our liberties. It is one of those things that is so fundamental to the freedoms that we have that when you begin to restrict our belief and our attestation to our Christian values you begin to restrict our liberties. You simply cannot continue a nation as America without that Christian base of liberty.

Turkey Acquits 2 Christian Missionaries of Most Charges

Compass Direct News yesterday reported that two volunteers with the Bible Research Center were acquitted by a court in Turkey on Oct. 14 of charges that they had violated Art. 301 of the Turkish Penal Code that prohibits insulting the Turkish state, and Art. 216 that prohibits insulting the Turkish people.  The charges were initially filed in 2006 after a complaint to police that Christian missionaries were attempting to form illegal groups in schools and insulting Turkishness, the military and Islam. It was alleged that they were portraying Islam as a primitive and fictitious religion that results in terrorism and portrayed the Turks as cursed. However no evidence was produced to support these charges. The two men were however convicted of collecting information on citizens without permission (Art. 135) and fined the equivalent of $3170 (US) in lieu of 7 months in prison-- apparently for using contact information people provided on their organization's website. Defendants Turan Topol and Hakan Tastan said their attempts to disseminate information about Christianity was constitutionally protected. The two converted from Islam to Christianity 15 years ago.

Delaware Senatorial Debate: O'Donnell Supports Intelligent Design, Is Unaware of 1st Amendment's Text

Richard Adams's Blog at the Guardian reports on Tuesday's Debate at Widener Law School between the two candidates for U.S. Senate from Delaware. It includes an 8 minute video from the debate between Republican/ Tea Party favorite Christine O'Donnell and Democrat Chris Coons which first shows O'Donnell strongly supporting the right of local school boards to authorize schools to teach the theory of "intelligent design" along with evolution.  In another part of the exchange, O'Donnell appears incredulous when Coons tells her that the First Amendment prohibits the establishment of religion and requires the separation of church and state.  After the debate, O'Donnell's campaign tried to explain her response by saying that the specific words "separation of church and state" do not appear in the constitution.

Kentucky Senatorial Candidate Exchange Bitter Religious Charges

The U.S. Senate race in Kentucky has spawned competing TV ads focusing on aspects of each candidate's religious background or views.  Initially, Democrat Jack Conway ran this ad focusing on a secret society to which Republican Rand Paul belonged 27 years ago as a student at Baylor University. As transcribed in yesterday's Cherry Hill (NJ) Courier Post, the ad features a narrator asking:

Why was Rand Paul a member of a secret society that called the Holy Bible "a hoax," that was banned for mocking Christianity and Christ? Why did Rand Paul once tie a woman up, tell her to make her bow down before a false idol and say his god was Aqua Buddha? Why does Rand Paul now want to end all federal faith-based initiatives and even end the deduction for religious charities?

Rand Paul countered with this ad, accusing Jack Conway of "bearing false witness" against his political opponent. In the ad, a narrator assures viewers that "Paul keeps Christ in his heart and in the life he shares with his wife and three boys." At Sunday night's candidate debate in Louisville, Paul charged that Conway had "descended into the gutter to attack my Christian beliefs."  Paul refused to shake Conway's hand at the end of the debate, saying: "I will not be associated with someone who attacks my religion." (CBS News.)

Bhutan Sentences Christian Man To Prison For Showing Religious Films

Charisma News reported yesterday that in the predominately Buddhist nation of Bhutan, a local court in the town of Gelephu on October 6 sentenced Christian activist Prem Singh Gurung to three years in prison for showing films on Christianity. In two small villages that lacked electricity, Gurung (a citizen of Nepal) brought in a generator and projector and invited residents to watch Nepali movies. In between features, he showed Christian films.  Authorities charged Gurung with attempting to promote civil unrest and with violating Secs. 105 and 110 of the Bhutan Information, Communication and Media Act of 2006 that requires advance government review of all films intended for public exhibition.

Anti-Muslim Sentiment Grows In Germany

A Reuters report carried today by Bernama reviews the rise of anti-Muslim sentiment in Germany. According to the report: "Germany's inflamed public debate about Islam and integration risks serious overheating as politicians compete to make ever tougher statements criticizing Muslim immigrants they accuse of refusing to fit in here." The current round of criticisms was apparently flamed by a book, "Germany Abolishes Itself," written by Bundesbank council member Thilo Sarrazin.  He portrays Muslims as welfare cheats who are outbreeding native Germans. Sarrazin was forced to resign after the book appeared, but many Germans agree with him. (Background.) A new poll shows that 58% of Germans say that Muslims' rights to practice their religion in Germany should be considerably limited. Opponents charge the ruling Christian Democratic and Free Democratic parties with using Muslims as scapegoats in the current economic crisis. However Germany's president Christian Wulff has called for integration of Muslims, saying that Islam belongs in Germany. (See prior related posting.)

Pastor Challenges IRS Non-Profit Limits With Endorsements From Pulpit

In an open challenge to the constitutionality of the tax code's ban on non-profits endorsing political candidates, a Hastings, Minnesota pastor has endorsed from the pulpit a slate of conservative candidates running for governor, other state offices and Congress after indicating in advance on a radio show that he would do so.  Americans United announced yesterday that it had filed a formal complaint (full text) with the Internal Revenue Service over the activities of pastor Brad Brandon of Hastings' Berean Bible Baptist Church. In addition to the endorsements from the pulpit, Brandon also distributed a flyer during services listing the church's endorsements.The St. Paul Pioneer Press yesterday quoted Brandon as saying:

I'm not necessarily excited about an investigation or possible audit, but to me, that's a small price to pay. This is an issue of clergy not being able to say what they want. ... It is something I've been thinking about for quite some time. I've been praying about it. I see so much around me; we are losing our freedom to speak and speak out.

Yesterday's Minnesota Independent has a photo of the flyer and audio excerpts of Brandon's sermon.

Warren Jeffs Fights Extradition To Texas

Attorneys for Warren Jeffs, former leader of the polygamous FLDS Church, are seeking to quash an extradition warrant signed by Utah Governor Gary Herbert that would turn Jeffs over to Texas state authorities for trial on sexual assault and bigamy charges there. The move comes after the Utah Supreme Court overturned Jeffs' Utah conviction on charges of being an accomplice to rape because of improper jury instructions. (See prior posting). According to CNN, Jeffs argues that the Interstate Agreement on Detainers does not apply because Jeffs is not a person who has "entered upon a term of imprisonment" since his conviction was reversed.  Apparently Utah is relying upon the Uniform Criminal Extradition Act to authorize Jeffs transfer to Texas.  Jeffs' attorneys argue that Utah and Texas have "shrouded their ungodly alliance in the semantics of extradition law."

Justice Department Files Amicus Brief In Mosque Case To Argue That Islam Is A Religion

The Civil Rights Division of the U.S. Department of Justice yesterday announced the rather unusual move of filing an amicus brief (full text) in a case pending in a state trial court. Estes v. Rutherford County Regional Planning Commission is a lawsuit in Rutherford County, Tennessee Chancery Court seeking to halt construction of a controversial Islamic center being built in Murfreesboro, Tennessee.  Plaintiffs in the case have argued, among other things, that Islam should be classified as a political or ideological movement, not a religion, and that the proposed mosque is not a house of worship. (See prior posting.) The Justice Department's brief counters these claims, arguing that Islam is a religion entitled to First Amendment protection and that the proposed Islamic Center and mosque is a place of religious assembly protected by the Religious Land Use and Institutionalized Persons Act. Reporting on the filing, AP quotes the Tennessee U.S. Attorney who said: "Plaintiffs' implication that Islam is not a recognized religion by the United States is wrong and is not supported by any authority whatsoever."

Megachurch Files For Bankruptcy Protection

Garden Grove, California's mega-church, the Crystal Cathedral Ministries, founded by Dr. Robert H. Schuller, announced yesterday that it is filing for Chapter 11 Bankruptcy Act protection. The Orange County Register reports that the cathedral owes unsecured creditors some $7.5 million, including $56,000 to the livestock supplier who supplied camels, horses and sheep for the cathedral's Glory of Christmas Pageant. The bankruptcy filing occurred after a committee of creditors refused to extend a moratorium which had been agreed to so negotiations could proceed.

Party's Ballot Listing Did Not Violate Establishment Clause

In McMillan v. New York State Board of Elections, 2010 U.S. Dist. LEXIS 109894 (ED NY, Oct. 15, 2010), James McMillan, the founder of the Rent Is Too Damn High party, sued for $350 million in damages claiming that the New York City board of elections violated his constitutional rights in removing the word "Damn" from his party's name in listing him on the 2009 New York City mayoral ballot. (Claims as to earlier elections were dismissed on statute of limitations grounds and claims against the state election board were dismissed on 11th Amendment grounds.) The city board of elections contended that ballot space limitations require that a Party's name not to exceed 15 characters. Plaintiff claims the city board of elections was motivated by religious concerns in removing "Damn" for his party's name, in violation of the Establishment Clause. The court found, however, that McMillan offered no evidence to support his charges that the board's actions were religiously motivated. The court also rejected McMillan's free speech, equal protection and due process arguments. In earlier proceedings, the parties agreed that on future ballots the party will be listed as "Rent Is 2 Damn High", thus meeting the 15 character limit.

New Jersey Environmental Officials Challenge Ritual Burial of Holy Objects

Jewish religious law requires  shaimos-- certain worn out religious items such as old books containing the name of God and certain religious garments-- to be disposed of by burial instead of merely being thrown into the trash.  Asbury Park (NJ) Press last week reported on a lawsuit in state court in New Jersey in which the state Department of Environmental Protection is attempting to require Rabbi Chaim Abadi to dig up truckloads of shaimos buried in two different sites in New Jersey. Apparently state environmental officials were present at the first site (in Jackson, NJ) when the burial took place and "looked the other way." However after a second site in Lakewood, NJ was used, officials objected to both saying they are near a water well and protected wetlands. An April article from the Asbury Park Press says that over 2000 bags of sacred Jewish texts and clothing were disposed of at the Lakewook location.  Rabbi Abadi has found another site at a Lakewood Jewish cemetery to which the shaimos could be removed. However that also requires Department of Environmental Protection approval and so far that has not been forthcoming. Apparently environmental officials are claiming that the shaimos constitutes solid waste and must be moved to a licensed landfill.

Recent Articles of Interest

From SSRN:

• Stephanie R. Hoffer, Caesar as God's Banker: Using Germany's Church Tax as an Example of Non-Geographically Bounded Taxing Jurisdiction, (Washington University Global Studies Law Review, Forthcoming).
• Walker Humphrey, Dennis the Menace?: An Analysis of Whether the Episcopal Church’s Dennis Canon Entitles the Church to an Exemption from Neutral Trust Law, (September 27, 2010).
• Steven Douglas Smith, Religious Freedom and its Enemies, or Why the Smith Decision May Be a Greater Loss Now Than It Was Then, (Cardozo Law Review, Forthcoming).
• Steven Douglas Smith, Constitutional Divide: The Transformative Significance of the School Prayer Decisions, (October 13, 2010).
• Anthony D'Amato, On Genocide, (Naval War College International Law Studies (Blue Book), Vol. 75, pp. 119-130, 2010).
• Joel W. Friedman, The Impact of the Obama Presidency on Civil Rights Enforcement in the United States, (Tulane Public Law Research Paper No. 10-03, Oct. 12, 2010).
• Azhar Majeed, Putting Their Money Where Their Mouth Is: The Case for Denying Qualified Immunity to University Administrators for Violating Students’ Speech Rights, (Cardozo Public Law, Policy and Ethics Journal, Vol. 8, No. 3, 2010).

From bepress:

• Daphna Hacker, Religious Tribunals in Democratic States: Lessons from the Israeli Rabbinical Courts, (Tel Aviv University Legal Working Paper Series. Tel Aviv University Law Faculty Papers. Working Paper 123, Oct. 2010).

From SmartCILP:

• Benjamin Shmueli, What Have Calabresi & Melamed Got to Do with Family Affairs?: Women Using Tort Law in Order to Defeat Jewish and Shari'a Law, 25 Berkeley Journal of Gender Law & Justice 125-171 (2010).
• Valorie K. Vojdik, Politics of the Headscarf in Turkey: Masculinities, Feminism, and the Construction of Collective Identities, 33 Harvard Journal of Law & Gender 661-685 (2010).
• Symposium: The New Face of Discrimination: "Muslim" in America. Introduction by Abdullah Antepli; articles by Peter G. Danchin, Aziz Z. Huq, Natsu Taylor Saito, Tung Yin and Sheryll Cashin; note by Maura K. Finigan. 2 Duke Forum for Law & Social Change 1-154 (2010).

British Cabinet Minister Criticizes Cities' Tax Breaks For Scientology

City tax authorities in four British cities-- London, Westminster, Birmingham and Sunderland-- have given the Church of Scientology property tax relief even though it is not classified as a charitable religious organization by the Charity Commission. Free Internet Press reported last week that Britain's Communities Secretary, Eric Pickles, has criticized the action by the various cities, saying: "Councils may award charitable relief. They should take into consideration the Charity Commission's rulings when weighing up whether to do so. I do not believe the majority of the public would want their own council to be giving special tax breaks to such a controversial organization."

Indian State Announces Quick Compensation To Kin of 10 Killed In Temple Stampede

AFP reports that in the Indian state of Bihar, outside a Hindu temple in the Banka district, a stampede late Saturday killed ten and injured 15 others as thousands came to the temple to sacrifice goats for the Hindu festival of Durga Puja (also known as Navartri Puja)-- a festival honoring the mother goddess Durga.  AFP says that the stampede was caused by rumors that a portion of the temple had collapsed or that snakes had entered it. However an AP report carried by the Wall Street Journal says that the injuries were triggered by arguments among those in attendance over whose goats would be sacrificed first. Some 30,000 goats were sacrificed at the temple on Saturday. According to Sify News, the Bihar disaster management department has announced that it would pay Rs.1 lakh (around $2270 US) to each relative of those killed.

China Bars House Church Members From Attending International Conference

The New York Times reported Friday that in China more than 100 Christians were barred by authorities from leaving the country to attend the Third Lausanne Conference on World Evangelization that begins today in Cape Town, South Africa. The Christians seeking to attend are members of unofficial "house churches" in China. The Chinese Ministry of Foreign Affairs said that Conference organizers did not invite representatives of China's official Christian churches and instead:

secretly extended multiple invitations to Christians who privately set up meeting points. This action publicly challenges the principle of independent, autonomous, domestically organized religious associations, and therefore represents a rude interference in Chinese religious affairs.

Recent Prisoner Free Exercise Cases

In Hall v. Ekpe, (2d Cir., Oct. 13, 2010), the 2nd Circuit Court of Appeals rejected a claim that a prison policy allowing attendance at formal Ramadan services only to inmates identified by the prison's chaplain as observant Muslims violated plaintiff's 1st Amendment rights. The court reserved judgment on plaintiff's damage claim under RLUIPA pending decision by the United States Supreme Court in a pending case on whether damages can be awarded in official capacity suits under RLUIPA. (See prior posting.)

In Avery v. Thompson, 2010 U.S. Dist. LEXIS 106937 (ND CA, Oct. 4, 2010), a prisoner complained that his free exercise rights were infringed when 265 pamphlets published by a White supremacist publisher were confiscated from him. Since no evidence was introduced about the actual contents of any of the pamphlets, the court denied prison authorities' motion for summary judgment without prejudice, indicating that a reneewed motion could be made with a proper evidentiary showing.


In Krieger v. Brown, 2010 U.S. Dist. LEXIS 108822 (ED NC, Oct. 13, 2010), a North Carolina federal district court rejected a prisoner's claim that his rights under RLUIPA and the 1st Amendment were violated by prison authorities refusal of his requests to use certain ritual items and an outdoor worship circle in the practice of his Asatru religion.


In Butler v. Hogue, 2010 U.S. Dist. LEXIS 109072 (ND NY, Oct. 13, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 109075, Feb. 4, 2010) and dismissed an inmate's claims that his 1st, 8th and 14th Amendment rights were violated when prison authorities served him a contaminated kosher meal on one occasion and soup in a defective container on another.


In Brancho v. Alexander, 2010 U.S. Dist. LEXIS 109581 (ND OH, Oct. 14, 2010), an Ohio federal district court dismissed an inmate's free exercise claims that he was denied a religious diet and religious services because the complaint failed to allege adequate facts to show a violation and failed to connect particular defendants with the claims.


In Sayed v. Profitt, 2010 U.S. Dist. LEXIS 109221 (D CO, Sept. 27, 2010), a Colorado federal district court rejected a claim by a Muslim inmate that his free exercise rights were violated because he was unable to perform full ablution before Friday Jum'ah prayers.  The claims for injunctive relief were moot because the inmate had been moved to a different facility. Some of the damage claims were barred by the 11th Amendment. As to others, the court found no violation of plaintiff's free exercise rights because substitute ablution is an adequate alternative.

Supreme Court Review Sought In RLUIPA Case

According to the Longmont (CO) Times Call, a petition for certiorari was filed with the U.S. Supreme Court last week in Rocky Mountain Christian Church v. Board of Commissioners of Boulder County, Colorado.  In the case, the 10th Circuit upheld a jury's determination that denial of a special use permit to a church violated the equal terms and unreasonable limitations provisions of RLUIPA. (See prior posting.) The 10th Circuit subsequently denied a rehearing after making minor changes in its original opinion. (See prior posting.)

Pastor Who Reversed Qur'an Threat Now Claims Car Offered To Him

In the midst of high-profile threats by Florida pastor Terry Jones to sponsor a Sept. 11 burning of Qur'ans (see prior posting), a New Jersey car dealer known for his unusual ads used one of those ads to offer Jones a year's free use of a new car if he did not go through with his plans.  According to AP on Friday, now that Jones has decided for other reasons not to burn Qur'ans, he is asking car dealer Brad Benson for the car. Jones says he will not keep the car for himself, but will donate it to an organization that helps abused Muslim women.  Car dealer Benson says he will now donate the car outright to Jones because he does not want to be connected to whatever Jones does with the car.

Council of Europe Parliament Affirms Healthcare Providers' Right To Conscientious Objection

The Parliamentary Assembly of the Council of Europe (PACE) on Oct. 7 adopted a resolution (full text) supporting the right of conscientious objection by medical providers.  As reported by Radio Free Europe last week, the PACE's Social, Health and Family Affairs Committee presented a very different draft (full text) to the Assembly. The draft focused on the problems posed by "unregulated use of conscientious objection," and recommended limiting its availability to individual health care providers directly involved in performing a procedure, and not to public hospitals and clinics as a whole.  The original proponents of the resolution would have gone even further and totally banned conscientious objection even by individual providers. PACE debated the proposal extensively. (See Press Release.) The resolution it adopted ended up broadly supporting conscientious objection.  The resolution reads in part:

No person, hospital or institution shall be coerced, held liable or discriminated against in any manner because of a refusal to perform, accommodate, assist or submit to an abortion, the performance of a human miscarriage, or euthanasia or any act which could cause the death of a human foetus or embryo, for any reason.

White House Defends Conference Call To Faith-Based Leaders On Health Care Reform

CNN yesterday reported that the White House is responding to criticisms of its faith-based office leveled by former Bush administration officials. At issue was a conference call to leaders of faith based and community groups by President Obama and Joshua DuBois, his director of faith-based initiatives, urging the leaders on the call to help explain the advantages of the Obama health care plan to their constituencies. (See prior posting). In a blog posting on the White House website yesterday, Joshua DuBois said in part:

recently, President Obama hosted a conference call with thousands of religious and community leaders to share important information about new health care benefits that will impact those in need. There could hardly be a more appropriate audience. When congregants falls ill, faith communities come together to support their brothers and sisters in need.  And when families struggle, they often turn to religious leaders for the spiritual and practical support to move forward. This is why faith leaders requested information about a new health care law that includes, for example, provisions that make it illegal for insurance companies to deny care to sick children, and allows young people to remain on their parent’s health insurance until they turn 26. 

White House Faith Based Head Keynotes Vatican Conference On Interfaith Action

This week Joshua DuBois, Executive Director of The White House Office of Faith-based and Neighborhood Partnerships, delivered the keynote address (full text) at the Holy See's Conference on Interfaith Action held in the Vatican. He said in part:

My Office is also tasked with assessing, and improving, the United States Government’s engagement of religious issues and religious actors around the globe.  President Obama believes that faith-based organizations can be powerful catalysts for development and social action: from rebuilding communities ravished by natural disasters to responding to outbreaks of deadly disease.   The President also believes that while faith-based groups are powerful as singular actors, they can multiply their impact by joining across religious lines: Christians, Muslims, Hindus and Jews, retaining their individual beliefs but coming together to serve communities around the globe in times of dire need.  My Office seeks to create opportunities for this sort of interfaith engagement, and for the first time develop mechanisms for the United States Government to systematically partner with religious organizations abroad.

Bolivia Enacts Broad Anti-Discrimination Law, But Impact On Media Protested

On October 8, Bolivian President Evo Morales signed the newly enacted Law Against Racism and All Forms of Discrimination.  According to Workers World, the law prohibits racism and also prohibits discrimination based religion as well as numerous other grounds. A translation of the anti-discrimination section is furnished as part of the Andean Information Network's analysis of the law:

A person who arbitrarily or illegally obstructs, restricts, infringes upon, impedes or prevents the exercise of individual or collective rights, motivated by sex, age, gender, sexual orientation or gender identity, cultural identity, family affiliation, nationality, citizenship, language, religious creed, ideology, political opinion or philosophy, marital status, economic or social situation, illness, occupation, level of education, being differently abled or having a physical, intellectual or sensory disability, pregnancy, regional origin, physical appearance and dress, will be sanctioned to a prison sentence between one and five years.

The news media oppose two sections of the new law that prohibit the media from publishing or broadcasting racist or discriminatory statements, even when reporting statements by third parties. Sanctions include withdrawal of operating licenses and prison sentences for journalists and media owners. CNN reports that 28 journalists in Santa Cruz are on a hunger strike in protest, fearing that the government will use the new law to muzzle media outlets that publish articles supporting political opponents. Journalists and others are seeking a national referendum on the provisions that impact the press.

Hundreds Turn Out for "Islam on Capital Hill"

CNN reports that hundreds of Muslims today turned out on in Washington for Islam on Capitol Hill.  Event organizer Abdul Malik said that the event, which he hopes to hold annually, is aimed mainly at Muslim young people. Malik said: "Muslim children need to know that this is their country and that they have a responsibility to protect and honor it. I want to make sure they're not radicalized by any elements, especially on the internet." The day included tours of Congress, prayers, speeches and a banquet.

7th Circuit Upholds Illinois Moment of Silence Law

In a 2-1 decision yesterday, the U.S. 7th Circuit Court of Appeals upheld Illinois' Silent Reflection and Student Prayer Act against Establishment Clause and vagueness challenges.  The Act requires every public school classroom to open with "a brief period of silence." The statute goes on to provide: "This period shall not be conducted as a religious exercise but shall be an opportunity for silent prayer or for silent reflection on the anticipated activities of the day."  The majority in Sherman v. Koch, (7th Cir., Oct. 15, 2010), held:

The Illinois legislature had a secular purpose in passing Section 1, namely mandating a period of silence to calm school children before the start of their day. There is no evidence that the secular purpose is a sham and that Illinois’s true purpose was to promote prayer. And there is nothing impermissible about clarifying that students may pray during that time period. Section 1 also does not advance or inhibit religion (or specific religions that practice momentary silent prayer), but rather mandates only a period of silence. There is also no state entanglement with religion. Therefore, Section 1 satisfies the Lemon test and Sherman’s First Amendment challenge fails. Sherman’s vagueness challenge also fails because Section 1 is not unconstitutionally vague in all of its operations.

Judge Williams dissenting however argued:

The Act makes what I believe to be an unnecessary reference to prayer, signaling a predominantly religious purpose to the statute. And by enumerating prayer as one of only two specific permissible activities, the Act conveys a message that Illinois students should engage in prayer during the prescribed period as opposed to a host of other silent options. I have concluded that the purpose and effect of the Act is to encourage prayer in public schools, which violates the first two prongs of the Lemon test.

The Chicago Tribune reports on the decision. Among the advocacy groups issuing press releases on the case were the ACLU of Illinois and Alliance Defense Fund.  (See prior related posting.)

School Board Drops Bible Class In Response To Lawsuit

Indy Channel News today reports that in response to an ACLU lawsuit filed earlier this month, the Fairfield, Indiana school district board voted unanimously yesterday to end a Bible class that was offered in the district's New Paris Elementary School.  The suit was filed on behalf of a first-grader and his mother, alleging that the student was left unsupervised in the school hallway during the 20-minute weekly class after his mother opted him out of it. Even though the school board's attorney advised the board that they would clearly lose the federal court lawsuit, 48 people attending the school board meeting urged the board to fight the suit.  One parent told the board: "Anything through God is possible."

USCIRF Urges Obama To Raise Religious Freedom Issues On His Trip To Indonesia, India

The U.S. Commission on International Religious Freedom this week sent a letter (full text) to President Obama urging him to highlight the importance of religious freedom during his upcoming visits to Indonesia and India. On Indonesia, the letter said:

In our visit earlier this year, USCIRF was impressed by the commitments made by officials from different levels of government to advance religious freedom and related human rights as essential to Indonesia’s democratic future.  However, strong political forces, terrorist networks, and extremist groups continue to challenge Indonesia’s democratic trajectory and are a source of ongoing, serious violations of religious freedom and related human rights.

As to India, USCIRF said:

India’s democracy, religious pluralism, and tradition of religious tolerance are truly noteworthy. Despite this history of tolerance and the current national government’s commitment to sustaining it, unfortunately episodic communal violence continues to occur.  The governmental response, particularly at the state and local levels, has not been adequate, and justice for victims, such as those in Gujarat and Orissa, often has been slow and ineffective. 

5th Circuit Upholds Texas Pledge Against Establishment Clause Attack

In Croft v. Perry, (5th Cir., Oct. 13, 2010), the U.S. 5th Circuit Court of Appeals rejected an Establishment Clause challenge to the Texas pledge of allegiance (which includes the phrase "one state under God") and to a state statute requiring school students to recite the pledge each day.  Treating the suit as a facial challenge to the pledge and the related statute, the court concluded:

The pledge is a patriotic exercise, and it is made no less so by the acknowledgment of Texas’s religious heritage via the inclusion of the phrase "under God." A pledge can constitutionally acknowledge the existence of, and even value, a religious belief without impermissibly favoring that value or belief, without advancing belief over non-belief, and without coercing participation in a religious exercise.

The Houston Chronicle reports on the decision. (See prior related posting.) [Thanks to Kate Shellnutt for the lead.]

Malaysia Promotes Islamic Finance

Islamic banking is growing fast in Malaysia which is promoting itself as the world's center for Shariah compliant financial products. Bloomberg Business Week reports today that Malaysian banking assets that comply with the Islamic ban on interest rose to the equivalent of $109 billion (US)-- 20% of Malaysia's total banking assets. Also Islamic insurance (takaful) now accounts for 9% of Malaysia's insurance industry. The Ministry of Finance's 2010-2011 Economic Report sets out the new data.