Israeli Government Appoints Alternative Marriage Registrars To Validate Conversions By Military Rabbis

Today's Jerusalem Post reports on the latest developments in the ongoing tensions within the governmental religious establishment over standards and procedures for conversion to Judaism. On Sunday, the government informed the High Court of Justice that the Chief Rabbinate had appointed four new rabbinical judges from the state-administered conversion courts to act as marriage registrars who could register marriages, allowing couples to bypass city registrars. At issue is the refusal in four cities by marriage registrars to recognize the validity of conversions carried out in the army by state-administered conversion courts. The government's announcement came in a brief filed with the High Court in a case challenging the four registrars who had refused to accept conversions performed in the IDF that were not not approved by the Chief Rabbinate. Some 4,500 soldiers have been converted by military chaplains.

Recent Articles and Books of Interest

From SSRN:

• Geoffrey P. Miller, Logos and Narrative, (NYU School of Law, Public Law Research Paper No. 10-78, Nov. 9, 2010).
• Jeremy Waldron, Two-Way Translation: The Ethics of Engaging with Religious Contributions in Public Deliberation, (NYU School of Law, Public Law Research Paper, Feb. 18, 2010).
• Jessie Hill, Property and the Public Forum: An Essay on Christian Legal Society V. Martinez, (Duke Journal of Constitutional Law & Public Policy, 2010).
• Roberta Rosenthal Kwall, Creativity and Cultural Influence in Early Jewish Law, (Notre Dame Law Review, Forthcoming).
• Wilson Ray Huhn, Ten Questions on Gay Rights and Freedom of Religion, (Akron Journal of Constitutional Law and Policy, Vol. 1, 2009-2010).

The weekly publication New Europe has just published a special edition on Religious Freedom. With contributions from over 30 Europeans and Americans, the issue focuses both on special problems in Turkey and broader European concerns over the role of religion.

New Books:

• Raymond A. Schroth, S.J., Bob Drinan: The Controversial Life of the First Catholic Priest Elected to Congress, (Fordham Univ. Press, Dec. 2010).
• Michelle U. Campos, Ottoman Brothers: Muslims, Christians, and Jews In Early Twentieth-Century Palestine, (Stanford Univ. Press, Nov. 2010).

Israeli Civil Court Reverses Rabbinical Court's Enforcement of Illegal Contract

Haaretz today reports on a decision by an Israeli district court in Tel Aviv taking the unusual step of reversing a decision of a rabbinical court as being in violation of public policy. At issue is an illegal agreement between two Haredi (strictly-Orthodox) real estate developers.  When the Jewish Agency invited tenders for the purchase of a parcel of land in downtown Jerusalem, developer Avraham Tzeinwirt agreed to pay developer Aharon Eisenberg $1.15 million in exchange for Eisenberg withdrawing from the bidding. Tzeinwirt won the bid, but then refused to pay Eisenberg. Eisenberg took the matter to an Orthodox rabbinical court (Badatz) in Bnai Brak. The rabbinical court, headed by Rabbi Nissim Karelitz ordered Tzeinwirt to pay. Unhappy with the result, Tzeinwirt appealed to a civil court which found that the developers' agreement was designed to defraud both the Jewish Agency and tax authorities. The entire deal has now been canceled and the judge sent a copy of her ruling to the Jewish Agency, the attorney general, the Justice Ministry and the Antitrust Authority for them to consider the possibility of criminal charges. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

Saudi Supreme Court Reverses Death Sentence Imposed On TV Psychic For Sorcery

Amnesty International reports that last week Saudi Arabia's Supreme Court reversed a death sentence that had been imposed on Ali Hussain Sibat, a popular psychic who had appeared on the Lebanese satellite TV channel Sheherazade. Sibat was arrested last year by Saudi religious police while he was on the omra pilgrimage in Medina, and was charged with practicing sorcery. (See prior posting.) An appellate court had upheld the sentence, saying that Sibat's actions made him an "infidel". The Supreme Court said that the death penalty was not appropriate because there was no proof that others were harmed by his actions. The court remanded the case for retrial, saying the lower court should consider commuting the death sentence and deporting him to Lebanon at the end of his sentence.

Recent Prisoner Free Exercise Cases

In Smith v. Beauclair, 2010 U.S. Dist. LEXIS 118662 (D ID, Nov.4, 2010), an Idaho federal district court concluded that attorneys for an inmate who sued prison officials to accommodate his Cherokee religious beliefs are entitled to an award of attorneys' fees on in connection with two of plaintiff's claims on which he was deemed to be the prevailing party (wearing of beard and access to medicinal herbs). The court awarded $41,965.

In Collman v. Skolnik, 2010 U.S. Dist. LEXIS 118718 (D NV, Oct. 8, 2010), a Nevada federal district court allowed an inmate to proceed with his lawsuit seeking to have the Philadelphia Church of God listed as a recognized faith group by prison authorities.

In Rose v. California, 2010 U.S. Dist. LEXIS 119397 (ED CA, Oct. 26, 2010), a California federal magistrate judge held that a parole hearing panel did not violate an inmate's rights under the First Amendment or RLUIPA by considering, during the parole hearing, two disciplinary reports stemming from religiously-based violations of prison rules (hair length and tobacco possession that were part of his Native American religious practices).

In Antonetti v. Skolnik, 2010 U.S. Dist. LEXIS 120063 (D NV, Oct. 25, 2010), a Nevada federal district court permitted an inmate to move ahead with his claim that "he is a devout, practicing fundamentalist Christian and has been denied access to a priest, a place of worship, communion, confessional, and congregation with those of his faith [and]... has thereby been denied forgiveness, connection to his god and chances at atonement." He also seeks a kosher diet "that is in accordance with his beliefs."

Palestinian Blogger In West Bank Faces Possible Life In Prison For Heretical Postings

AP reported Friday from the West Bank Palestinian town of Qalqilya that a mysterious blogger who angered the Arab world by his Arabic language postings blog postings and Facebook pages claiming he was God and that Muhammad had the attributes of a "primitive Bedouin" has now been caught.  It turns out that the blogger, whose website spoofing the Qur'an drew over 70,000 visitors, is Walid Husayin, a quiet 26-year old son of a Muslim scholar. Husayin led a double life, working in his father's barber shop and praying each Friday with his family. But he spent evenings blogging, in English and Arabic, arguing in favor of atheism and criticizing Islam as fostering irrationality and ignorance.  Husayin has now been arrested and charged with "insulting the divine essence."  Seer Press News says that Husayin, who was apprehended because he spent an unusual amount of time in an Internet cafe, could be sentenced to life in prison. According to Dbglobal News,even Husayin's mother wants him to be imprisoned for life to restore the family honor and protect the family.

San Francisco Resident Seeks Signatures For Initiative To Ban Male Circumcision

San Francisco (CA) resident Lloyd Schofield has submitted a proposed initiative measure to the San Francisco Department of Elections seeking to ban circumcision of males under the age of 18. The proposed ban would include circumcisions performed for religious reasons. Violation of the ban could lead to a fine of up to $1000 and up to one year in jail. In support of the proposed ban, Schofield said: "Tattooing a child is banned as a felony and circumcision is more harmful than a tattoo."  Third Age reported yesterday that in order for the initiative to be placed on the November 2011 ballot, its proponent must collect 7,168 valid signatures.

Louisiana Panel Supports New Biology Textbooks Despite Objections To Their Treatment of Evolution

A Louisiana state Board of Elementary and Secondary Education advisory panel voted 8-4 yesterday to recommend adoption of new high school life science text books, despite opposition by some who argued the books should include information on the theory of intelligent design and should pose more questions about evolutionary theory.  WWLTV News reports that objections to the books were mostly submitted through written comments while most of those who testified before the panel supported their adoption arguing that intelligent design is not science.

New Jersey County Settles DOJ Lawsuit Charging Failure To Provide Religious Accommodation

The U.S. Department of Justice announced yesterday that it had reached a settlement in its Title VII lawsuit against Essex County, New Jersey. The suit was filed on behalf of an female Muslim corrections officer who was denied permission to wear a religiously-required headscarf because it violated the Department of Corrections uniform policy. (See prior posting.)  The settlement, which must still be approved by the court, calls for the county to pay the officer,  Yvette Bashir, $25,000. It also calls for the creation of a county religious accommodation policy and county employee training regarding religious discrimination and accommodation.

1st Circuit: New Hampshire Schools' Pledge of Allegiance Recitation Is Constitutional

In Freedom from Religion Foundation v. Hanover School District, (1st Cir., Nov. 12, 2010), the U.S. 1st Circuit Court of Appeals rejected an Establishment Clause challenge, as well as other constitutional challenges, to New Hampshire's School Patriot Act that requires a time during the school day for recitation of the pledge of allegiance. Any student's participation is voluntary. Those who wish not to recite the pledge are to either stand or sit silently. Plaintiff argued that the recitation of the pledge is a religious exercise because the pledge contains the words "under God." The court said:

At the heart of FFRF's claim is its argument that those students who choose not to recite the Pledge for reasons of non-belief in God are quite visibly differentiated from other students who stand and participate.... FFRF's premise is that children who choose not to recite the Pledge become outsiders based on their beliefs about religion. That premise is flawed..... There are a wide variety of reasons why students may choose not to recite the Pledge, including many reasons that do not rest on either religious or anti-religious belief. These include political disagreement with reciting the Pledge, a desire to be different, a view of our country's history or the significance of the flag that differs from that contained in the Pledge, and no reason at all.

The Becket Fund issued a press release announcing the decision. [Thanks to Volokh Conspiracy for the lead.]

Adjunct Union Says It Should Be Recognized By NLRB At Catholic College

Riverdale, New York's Manhattan College, which holds itself out as a Catholic institution, is in the midst of a fight by its adjunct faculty to unionize.  Inside Higher Ed today reports that the school is invoking the Supreme Court's 1979 decision in NLRB v. Catholic Bishop of Chicago that held church-operated high schools are not within NLRB jurisdiction. The Court focused on the risk of free exercise infringement involved. Subsequently appellate courts broadly applied the ruling to religious colleges as well.  However, the union is arguing that adjunct faculty unions have no power to change the religious nature of a college, that Manhattan College does not meet the test of a religious institution, and that it is morally wrong for the college to invoke decisions exempting religious institutions from NLRB jurisdiction. On the issue of whether the college is a religious one, its president, Brennan O'Donnell, complained:

[T]he fact that we are a welcoming, pluralistic community is being presented as proof that we cannot be an authentic Catholic college. Questions about the number of brothers in various roles imply that the work of lay faculty, staff, and administrators is negligible in forwarding our mission, and betrays a complete incomprehension of a full generation's hard and faithful work in passing forward the charism of religious orders to lay colleagues.

Pennsylvania Voter Was Required To Affirm Address By Placing Hand On Bible

Pennsylvania's election laws allow a voter who has moved to a new address in the same county can still vote by giving a "written affirmation of the change of address to poll workers in the new precinct. (Background.) Today's Philadelphia News reports that one poll worker instead required a voter to place her hand on a Bible and state her name and address before signing in. It turns out that for decades Bibles have been part of the package of polling-place supplies. They are used to swear in election workers before the polls open. The city's voter registration administrator says that poll-worker training will be updated to cover Bible issues.

Washington Pharmacy Board Moves Ahead On Rule Change To Permit Facilitated Referrals

As previously reported, in July the Washington State Board of Pharmacy settled a lawsuit against it by agreeing to begin rule-making proceedings to amend a controversial rule that requires pharmacies to fill all prescriptions (including Plan B, the "morning after" contraceptive) even if doing so violates their religious beliefs. The rule as interpreted did permit a pharmacist with objections to have the prescription filled by a co-worker in the same store if another pharmacist was also on shift.  According to the Tacoma (WA) News Tribune, yesterday the Board of Pharmacy took the next step, voting 3-2 to ask the Board staff for recommendations on drafting a rule allowing facilitated referrals to other pharmacies for "time sensitive" medications that the pharmacy will not or cannot fill. Two of the Board members who had originally voted for settling the case now changed their minds after the Board received 5,359 comments in its rule making proceeding, 4,448 in opposition to any change. Several pro-choice groups had prepared form letters online that could be sent as comment letters. The Board majority that still supports the change says there is too much focus on Plan B. They say that small pharmacies are being driven out of business under the current rule that requires them to stock even high-cost specialty drugs. Supporters of the change agree that more than Plan B is at stake. They say there might be religious objections to furnishing life-saving HIV drugs as well, for example.

United Methodist Church Sues Break-Away Oregon Congregation

The Oregon-Idaho Annual Conference of the United Methodist Church last week announced that it had filed suit in an Oregon state court against a break-away congregation, seeking to recover for UMC the real and personal property held by the Ontario,Oregon congregation.  The complaint (full text) in Oregon-Idaho Annual Conference of the United Methodist Church v. Ontario Community Church, Inc., (OR Cir. Ct., filed 11/3/2010), asserts that UMC is entitled to the property under provisions in its Book of Discipline that specify local church property is held in trust for the denomination. The congregation broke away after its members objected to a change in clergy imposed by the bishop.  The congregation filed amended articles of incorporation describing itself as a non-denominational church and purporting to revoke any express or implied trusts created for the benefit of UMC or other bodies.The complaint also alleges that the meeting at which a vote to break away was taken was improperly called and that members lack authority to alter restrictions on local church property. AP yesterday, reporting on the decision, says that congregations in California and Alabama have left the United Methodist Church in recent years, sparking similar litigation.

Pakistani Court Imposes Death Sentence On Christian Woman For Blasphemy

Christian Today reports that in Pakistan on Sunday, a court in Punjab province sentenced a Christian woman to death for blasphemy. It also imposed a fine equivalent to two and a half years' wages. In previous blasphemy cases, the death sentence has not been carried out and this may amount instead to a life sentence. Defendant Asia Bibi, a farm worker in the village of Ittanwali, got into a heated religious discussion with Muslim fellow farm workers.  When they tried to convince Bibi to accept Islam, Bibi told them that Jesus had died for mankind's sins and asked what Muhammad had done for them. Apparently the Muslim women, offended by Bibi's remarks, began to beat her while others locked her in a room and abused her and her children. Local Muslim leaders then pressured prosecutors to file charges against Bibi.

UPDATE: CathNews India (11/15) reports that Bibi's family has appealed the conviction and sentence to the Lahore High Court.

Spanish Court Acquits Muslim Tourists Who Attempted To Pray In Catholic Church

A judge in Cordoba, Spain has acquitted eight Austrian tourists who were charged in March with offending Catholic religious sentiments by attempting to recite Islamic prayers in the Mezquita Cathedral.(See prior posting.) Prior to the 13th century, the building was a mosque and Spanish Muslims have long asserted the right to pray there.  According to Wednesday's LifeSite News, the court ruled that the tourists' actions were merely a public disorder and not an attempt to offend religious sentiments. They were aimed at supporting joint use of the building by Catholics and Muslims, and that, according to the court, does not discredit Catholic beliefs.

Naval Officers Sues Seeking Conscientious Objector Status

Last week, the ACLU announced that it had filed a habeas corpus petition on behalf of a naval officer on active duty at Groton naval base, challenging the Navy's refusal to discharge him as a conscientious objector.  In Izbicki v. Mabus, (D CT, filed 11/3/2010), (full text of petition), Ensign Michael Izbicki alleged that after he graduated the Naval Academy, his Christian beliefs developed and he ultimately concluded that he could not take someone's life or aid others in doing so. The petition cites a long list of erroneous assertions made by the Navy in rejecting Izbick's two applications for CO status. [Thanks to God and Country blog for the lead.]

UPS Packages Containing Hajj Visas Delayed By Government Inspections

AP reported on Tuesday that the U.S. Customs and Border Protection temporarily seized for inspection four separate packages containing passports for Muslims to travel to Saudi Arabia for the Hajj. In one of the cases,  17 Virginia residents sent their passports to a California travel agent who had arranged for Hajj visas with the Saudi consulate.  The travel agent sent a package containing the passports and visas back to Virginia by UPS on November 1. However apparently UPS turned the package over to federal Customs and Border Protection officials, delaying its delivery and causing all but one of the Virginians to miss their scheduled flights. According to the Washington Post, Customs and Border Protection bought replacement tickets, at a cost of $34,000, for all the individuals involved. In another case, UPS identified packages containing passports and Hajj visas sent by a second California travel agent to Muslims in Minnesota, California and Washington state, again turning them over to CPB for a security check before they were ultimately delivered. In a release issued Tuesday, the Council on American Islamic Relations said: "The American Muslim community needs to know whether packages sent from point to point within our borders are being screened based on the religion of the sender or recipient, and whether or not such packages can be seized and opened by government officials without a warrant."

Rabbi Convicted of Wire Fraud and Blackmail

The Wall Street Journal reports that Rabbi Louis Balkany, dean of Bais Yaakov, a religious day school in Borough Park, New York, was convicted yesterday in federal court in Manhattan on charges of wire fraud, extortion, blackmail and making false statements.  The indictment (full text) charges that Balkany "was engaged in a scheme to extort a Connecticut-based hedge fund ... into paying millions of dollars to Balkany's school and to another school on behalf of Balkany." As summarized by the Wall Street Journal:

Balkany, who offer spiritual advice to prisoners, approached SAC Capital starting late last year with an offer: He would instruct an inmate not to squeal to the government about alleged insider trading at SAC Capital if the hedge fund made a $2 million donation to his religious school, plus a $2 million loan to another school.

New Church-State Separation Library Collection Dedicated

The State reports that the University of South Carolina Ernest F. Hollings Special Collections Library was scheduled yesterday to dedicate the Flynn T. Harrell Collection on the Separation of Church and State. The collection assembled by Flynn T. Harrell contains books, journals, an extensive clippings collection and 45 years of correspondence on the issue.

Paper's Report On Halal Slaughtering Highlights EU Labeling Proposal

Yesterday's London Mail carried an investigative report on Halal slaughtering of animals in Britain written by a reporter who went under cover into a slaughter house posing as a business man considering buying Halal meat for a chain of stores. Reporter Danny Penman obviously came away as no fan of the slaughtering practices, describing the killing of animals without stunning them first in graphic terms. The article goes on to report that supermarkets, fast food chains including McDonalds, schools, hospitals, pubs and sporting venues "are serving up halal meat to unwitting customers."  British law generally requires animals to be stunned before they are slaughtered, but the Welfare of Animals (Slaughter or Killing) Regulations 1995 contain an exemption for slaughter by religious methods. Penman reports on growing objections to the exemption (which also covers kosher slaughter) and says that some Halal meat producers have taken to using stunning. He also reports that in June, the European Parliament proposed a labeling requirement that would force halal and kosher meat to be labeled as coming from "unstunned animals." A spokesman for Britain's Department for Environment, Food and Rural Affairs says that in principle the Government supports labeling, but it would rather have all animals stunned. A Halal slaughterhouse owner says he would also support a labeling requirement.

In Indonesia, Obama Speaks About Religious Pluralism In Major Address

Yesterday as part of his trip to Asia, President Obama delivered a major speech at the University of Indonesia in Jakarta. (CNN) Obama spent four years as a young boy in Indonesia, the country with the world's largest Muslim population.  A substantial portion of the President's remarks (full text) focused on religion in Indonesia.  He said in part:

Religion is the final topic that I want to address today, and – like democracy and development – it is fundamental to the Indonesian story.

Like the other Asian nations that I am visiting on this trip, Indonesia is steeped in spirituality – a place where people worship God in many different ways.  Along with this rich diversity, it is also home to the world’s largest Muslim population – a truth that I came to know as a boy when I heard the call to prayer across Jakarta.

Just as individuals are not defined solely by their faith, Indonesia is defined by more than its Muslim population. But we also know that relations between the United States and Muslim communities have frayed over many years. As President, I have made it a priority to begin to repair these relations.....

Innocent civilians in America, Indonesia, and across the world are still targeted by violent extremists. I have made it clear that America is not, and never will be, at war with Islam. Instead, all of us must defeat al Qaeda and its affiliates, who have no claim to be leaders of any religion – certainly not a great, world religion like Islam. But those who want to build must not cede ground to terrorists who seek to destroy....

We are two nations, which have traveled different paths. Yet our nations show that hundreds of millions who hold different beliefs can be united in freedom under one flag....

Earlier today, I visited the Istiqlal mosque – a place of worship that was still under construction when I lived in Jakarta. I admired its soaring minaret, imposing dome, and welcoming space. But its name and history also speak to what makes Indonesia great. Istiqlal means independence, and its construction was in part a testament to the nation’s struggle for freedom. Moreover, this house of worship for many thousands of Muslims was designed by a Christian architect.

 Such is Indonesia’s spirit. Such is the message of Indonesia’s inclusive philosophy, Pancasila.  Across an archipelago that contains some of God’s most beautiful creations, islands rising above an ocean named for peace, people choose to worship God as they please. Islam flourishes, but so do other faiths.

U.S. Summarizes and Responds To U.N. Universal Periodic Review Of Human Rights Conditions

Politico reports that last week in Geneva more than 30 U.S. officials went through a respectful, but challenging, interactive dialog with members of the United Nations Human Rights Council as part of the Council's Universal Periodic Review each four years of every country's human rights record. State Department Legal Advisor Harold Koh presented the U.S. response (full text) which summarized the recommendations that came out of the session. Here is Koh's response to issues raised regarding religious freedom:

The eighth set of recommendations concern freedom of expression and religion: The United States is committed to vigilance in the continued protection of fundamental freedoms of expression and religion for all, including laws and policies to protect Muslim, Arab, and other Americans from discrimination and to secure their freedom to practice their religion.

Another FLDS Conviction: 6 Years In Prison

A state court jury in San Angelo, Texas has sentenced 25-year old Kieth Dutson, a member of the FLDS church, to six years in prison and a $10,000 fine on on charges of sexual assault of a child.  Dutson was the seventh, and youngest, person to be tried on charges growing out of evidence seized during a 2008 raid on the FLDS Yearning for Zion Ranch. (See prior posting.) Yesterday's San Angelo (TX) Standard Times reports that Dutson, when he was 20, went through a wedding ceremony with the victim who was 15 years old. Prosecutor Eric Nichols said the trial demonstrated how the FLDS culturally conditioned girls to be married while they are still underage.

Vatican Official Speaks At INTERPOL Conference

Zenit reports on an address Monday by Archbishop Carlo Maria Viganò, secretary of the Governorate of Vatican City State, to the 79th General Assembly of Interpol meeting in Doha, Qatar. (Full text of remarks.)  Apparently the Archbishop chose to address the forum of police chiefs and law enforcement officers from around the world because of the Vatican's growing concern over violence against Christians in Iraq and other parts of the Middle East. Vatican security forces joined Interpol in 2008.  The Archbishop said in part:

Criminal behavior is an intrinsic part of the human experience, just as the conflict of good and evil is part of the world’s history, and, for Christians, a part of God’s saving plan. It is precisely this realization that inspires the Holy See to participate, either as a member or an observer, in the meetings and conferences promoted by international organizations to discuss issues which ultimately deal with man himself, the human being viewed holistically and with respect for all his complexity....

We are here today to renew, in one specific area, our commitment to cooperate in eliminating evil from the world. This is a enormous commitment if we think of the forces at play, yet we must remain undaunted. Indeed, we should be committed to even fuller cooperation.

Opinion Released In TRO Against Oklahoma Anti-Shariah Amendment

As previously reported, earlier this week an Oklahoma federal district court issued a temporary restraining order barring Oklahoma's State Board of Elections from certifying last week's election results reflecting approval of a proposed amendment to the Oklahoma constitution that bars state courts from considering international law or Shariah law in deciding cases.  Now the court's opinion supporting the TRO has been released.  In Awad v. Ziriax, (WD OK, Nov. 9, 2010), the court found that plaintiff has standing to assert that the amendment violates the Establishment Clause.  Plaintiff asserted three kinds of injuries: the amendment reflects official condemnation of his religious faith, it invalidates his will because the will incorporates various Muslim teachings, and the amendment will require state courts to unconstitutionally determine what is and is not encompassed in Shariah law. The court also concluded that plaintiff had made a preliminary showing of likelihood of success on the merits because the amendment does not have a secular purpose and fosters excessive entanglement of government with religion. Politico yesterday reported on the decision.

New Museum of American Jewish History Opens In Philadelphia This Month

RNS reports that the National Museum of American Jewish History in Philadelphia will open to the public on November 26, after grand opening ceremonies on the weekend of Nov. 12-14. Covering 350 years of the history of Jews in the United States, the museum is described by Prof. Jonathan Sarna, the Museum's lead historian, as "the first major Jewish history museum that isn't about death and destruction."

Proposed Bill In India Threatens 1000-Year Old Religious Festival

India's Pune Mirror today reports that the government of the Indian state of Maharashtra is set to enact the Prevention of Human Sacrifice, Sexual Harassment and Inhuman Acts Bill this winter. However warkaris complain that the proposed law may end up banning the Palkhi Festival during which for 1000 years adherents walk barefoot some 150 miles, singing and dancing, to the holy town of Pandharpur.  Confusingly worded Section 13 of the proposed Act is seen as banning any kind of physical pressure, torture or exertion in the name of religion.

Annual "Friend or Foe Christmas" Campaign Launched

Liberty Counsel yesterday announced that it is launching its "Eighth Annual Friend or Foe Christmas Campaign. The annual promotion takes aim at attempts to rename Christmas events as "holiday" activities and at decisions that have banned a range of items, from nativity scenes to wearing of red and green Christmas colors, from various public venues. A resource page on Liberty Counsel's website links to legal memos on public Christmas celebrations and on Christmas in the workplace.  The website offers buttons, bumper stickers and ads promoting Christmas. It also links to a "Naughty or Nice" list of retailers, based on whether they specifically promote "Christmas" in their advertising and displays ("nice") or merely use "holiday" or other generic seasonal depictions and language ("naughty").

Cert. Filed In Seventh Day Adventist Case: Does RFRA Apply To Suits Between Private Parties?

A petition for certiorari (full text) was filed yesterday with the U.S. Supreme Court in McGill v. General Conference Corporation of Seventh Day Adventists. In the case, the court refused to dismiss trademark infringement and related claims brought by two Seventh Day Adventist religious organizations against a break-away church that used a similar name. The court refused to carve out a special exception for religious intellectual property. The petition for review filed with the Supreme Court focuses on a second part of the 6th Circuit's decision that rejected a claim that the Religious Freedom Restoration Act applies to the case. The 6th Circuit held that RFRA applies only suits in which the government is a party. (See prior posting.) The cert. petition points out that the 5th and 7th Circuits agree with the 6th Circuit in this regard, while the 7th, 8th and D.C. Circuits have applied RFRA to suits brought under federal law involving only private parties. [Thanks to Seth Galanter for the lead.]

Federal Court Issues TRO Barring Certification of Oklahoma Anti-Shariah Amendment

AP reports that an Oklahoma federal district court today issued a temporary restraining order barring Oklahoma's State Board of Elections from certifying the results of last week's vote on an amendment to the Oklahoma constitution that bars state courts from considering international law or Shariah law in deciding cases. The lawsuit leading to the TRO was filed last week by CAIR, asserting that the amendment violates the Establishment Clause. (See prior posting.) The court's TRO remains in effect until Nov. 22 when the court will hold a hearing on a temporary injunction.

Mixed Reactions To Pope's Visit To Spain

London's Independent yesterday reported on Pope Benedict XVI's just-completed visit to Spain (Pope's itinerary). The paper says:

the visit has touched a sensitive nerve in Spanish society, divided between traditional Catholics and a growing movement to eliminate Church influence in state affairs.

The Socialist Prime Minister, who figured this was a good weekend to surprise Spain's 1,500 troops in Afghanistan, is on the secular side. He has stopped short of scrapping the teaching of Catholic doctrine in state-supported schools, but during his six-year tenure he has infuriated the Church hierarchy by legalising gay marriage, simplifying divorce proceedings and, most recently, allowing first-trimester abortion on demand.

As the Pope's motorcade moved through Barcelona, a hundred gay and lesbian couples greeted him with a "collective kiss" to protest the Vatican's views on sexual freedom, divorce and condom use.

Obama In India Responds To Question About Jihad

President Obama is on a trip to Asia, and yesterday he and Michelle Obama spoke with students at a Town Hall at St. Xavier College, in Mumbai, India. (Full text of remarks and Q&A). In the first question to the President in the Q&A, a college student asked Obama's "opinion about jihad."  Here is the President's response:

    Well, the phrase jihad has a lot of meanings within Islam and is subject to a lot of different interpretations.  But I will say that, first, Islam is one of the world’s great religions.  And more than a billion people who practice Islam, the overwhelming majority view their obligations to their religion as ones that reaffirm peace and justice and fairness and tolerance.  I think all of us recognize that this great religion in the hands of a few extremists has been distorted to justify violence towards innocent people that is never justified.

     And so I think one of the challenges that we face is how do we isolate those who have these distorted notions of religious war and reaffirm those who see faiths of all sorts -- whether you are a Hindu or a Muslim or a Christian or a Jew or any other religion, or your don't practice a religion -- that we can all treat each other with respect and mutual dignity, and that some of the universal principles that Gandhi referred to -- that those are what we’re living up to, as we live in a nation or nations that have very diverse religious beliefs. 

     And that's a major challenge.  It’s a major here in India, but it’s a challenge obviously around the world.  And young people like yourselves can make a huge impact in reaffirming that you can be a stronger observer of your faith without putting somebody else down or visiting violence on somebody else.

     I think a lot of these ideas form very early.  And how you respond to each other is going to be probably as important as any speech that a President makes in encouraging the kinds of religious tolerance that I think is so necessary in a world that's getting smaller and smaller, where more and more people of different backgrounds, different races, different ethnicities are interacting and working and learning from each other. 

     And those circumstances -- I think all of us have to fundamentally reject the notion that violence is a way to mediate our differences.   

Recent Articles of Interest

From SSRN:

• Marc O. DeGirolami, Book Review: The Handmaid of Politics, (Journal of Law and Religion, Forthcoming).
• Thomas Venzor, Protecting the Unborn Child: The Current State of International Law Concerning the So-Called Right to Abortion and Intervention by the Holy See, (Nebraska Law Review, Vol. 89, 2011).
• Christopher C. Lund, Legislative Prayer and the Secret Costs of Religious Endorsements, (Minnesota Law Review, Vol. 94, p. 972, 2010).
• Jeremy Waldron, Toleration and Calumny: Bayle, Locke, Montesquie and Voltaire on Religious Hate Speech,  (October 29, 2010).

From SmartCILP:

• Adam Candeub, Shall Those Who Live By FCC Indecency Complaints Die By FCC Indecency Complaints?, 22 Regent University Law Review 307-321 (2009-2010).
• Sarah J. Conroy, Birth Control and the Citizen-Catholic in One-Child China, 25 Connecticut Journal of International Law 431-458 (2010).
• Michelle McKinley, Fractional Freedoms: Slavery, Legal Activism, and Ecclesiastical Courts in Colonial Lima, 1593-1689, 28 Law & History Review 749-790 (2010).
• Mark A. Noll, The Election Sermon: Situating Religion and the Constitution in the Eighteenth Century, 59 DePaul Law Review 1223-1248 (2010).

Court Rejects Establishment Clause Challenge To Waldorf Schools

Yesterday's Sacramento Bee reports that on Friday, a California federal district court dismissed a lawsuit that had been in the courts for 13 years challenging two California school districts for using the Waldorf teaching method in two of their schools. The suit alleged that the school districts violated the federal Establishment Clause and the church-state separation provisions of the California constitution. People for Legal and Non-Sectarian Schools argued that the teaching method, based on the philosophy of Rudolph Steiner, is religious. (See prior posting). At the non-jury trial, plaintiffs presented only a single witness and four admissible exhibits. The court held that plaintiffs had failed to establish that Steiner's philosophy of anthroposophy is a system of belief and worship.

UPDATE: The full opinion in the case is now available on LEXIS: PLANS, Inc. v. Sacramento Unified School District, 2010 U.S. Dist. LEXIS 117711 (ED CA, Nov. 4, 2010).

Recent Prisoner Free Exercise Cases

In Fabricius v. Maricopa County, (9th Cir., Nov. 1, 2010), the 9th Circuit upheld dismissal of a pre-trial detainee's complaint that a jalil's playing of holiday music violated the Establishment Clause.

In Freeman v. Julious, 2010 U.S. Dist. LEXIS 115367 (ED CA, Oct. 21, 2010), a California federal magistrate judge dismissed, with leave to amend, an inmate's claim that prison authorities failed to comply with his request to receive a Satanic bible and consult with a Satanic clergyman.

In Sylvian v. Florida Department of Corrections, 2010 U.S. Dist. LEXIS 115183 (ND FL, Oct. 29, 2010), a Florida federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 115189, Sept. 28, 2010) and dismissed a Muslim inmate's claim that prison rules requiring him to be clean shaven violate his free exercise rights.

In Hammer v. Johnson, 2010 U.S. Dist. LEXIS 115483 (WD VA, Oct. 29, 2010), a Virginia federal district court refused to grant an inmate a temporary restraining order he sought so he could received the prison's Common Fare religious diet.

In Planker v. Ricci, 2010 U.S. Dist. LEXIS 116083 ( NJ, Oct. 29, 2010), a New Jersey federal district court denied an Odinist inmate a preliminary injunction. Plaintiff claimed that Odinist religious services were scheduled to conflict with his lunch time and his outdoor recreation time, in violation of his rights under RLUIPA and the equal protection clause.

In Prentice v. Nevada Department of Corrections, 2010 U.S. Dist. LEXIS 116248 (D NV, Oct. 19, 2010), a Nevada federal district court relied on a decision last year by a California federal district court (see prior posting) and held that the White supremacist Church of Creativity is not a "religion" for purposes of the First Amendment. It also found that authorities had sufficient reason to bar racist materials for security purposes.

In Soria v. Nevada Department of Corrections, 2010 U.S. Dist. LEXIS 116866 (D NV, Oct. 19, 2010), a Nevada federal district court permitted a Jewish inmate to proceed with his complaint that prison officials refused his request for outdoor space and for materials that would permit him to put up a sukkah for the holiday of Sukkot.

In McCarroll v. Federal Bureau of Prisons, 2010 U.S. Dist. LEXIS 117414 (ND NY, Nov. 4, 2010), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 117418, Sept. 30, 2010), and dismissed on qualified immunity grounds a prisoner's complaint that he should have been permitted for religious reasons to submit a hair or saliva sample, instead of a blood sample, to be tested for tuberculosis.

Court Says Avoiding High Cost Alone Not A Compelling Government Interest Under RLUIPA

An Indiana federal district court has decided an important prisoner religious rights case brought as a class action by the ACLU, holding that RLUIPA was violated when an Indiana prison stopped serving kosher meals for cost reasons.  In Willis v. Commissioner, Indiana Department of Corrections, 2010 U.S. Dist. LEXIS 116280 (SD IN, Nov. 1, 2010), the facts showed that Indiana prisons had provided both pre-packaged kosher meals and pre-packaged Halal meals (after for a time using higher-cost kosher meals to satisfy requests of both Muslim and Jewish inmates). Costs of pre-packaged meals in total spiraled as the number of Muslim inmates requesting Halal meals increased. In response, the prison system stopped providing any pre-packaged religious meals and instead offered vegan meals prepared on site. But those did not meet strict kosher requirements.  The court held that the Department of Corrections (DOC) had "cited absolutely no relevant authority to support the conclusion that spiraling cost alone is a compelling government interest." The court also concluded that DOC had failed to consider other possible alternatives for serving kosher meals that might be less expensive.

Finally the court held that the lead plaintiff's individual free exercise rights had been violated. While pre-packaged kosher meals were still being served, the prison had a policy of removing from the kosher diet plan any inmate who did not eat 75% of his kosher meals.  Plaintiff did not meet that requirement because breakfasts-- which the prison claimed were kosher-- were not pre-packaged and plaintiff did not eat them because he disagreed that they met kosher standards The court set a hearing for Nov. 30 on the scope of the injunction that should issue.  Chicago Tribune reported on the decision. [Thanks to Joel Katz (Relig. & State in Israel) for the lead.]

1st Circuit Hears Arguments On Whether FMLA Covers Accompanying Spouse For Faith Healing

Corporate Counsel reports that on Thursday the 1st Circuit Court of Appeals heard oral arguments in Tayag v. Lahey Clinic Hospital, Inc.  One of the issues in the case is whether the federal Family and Medical Leave Act provides leave for caregivers accompanying sick family members who are seeking spiritual healing.  Plaintiff was terminated by her employer for taking unauthorized leave when she accompanied her ill husband to their native Philippines for a seven-week trip. The couple spent 3 and a half weeks at a healing program at a Catholic church and then made religious pilgrimages to other churches in the Philippines as well. They also saw friends and family while in the Philippines. The decision under appeal was handed down by a Massachusetts federal district court in January. (Full text of decision.) The trial court held that

It is far from clear that caring for a seriously ill spouse on a trip for non-medical religious purposes is a protected activity under the FMLA.  Even if caring for a sick spouse on a trip for faith-healing were protected because of its potential psychological benefits, it is undisputed that nearly half of the Tayags’ trip was spent visiting friends, family, and local churches.  The FMLA does not permit employees to take time off to take a vacation with a seriously ill spouse, even if caring for the spouse is an “incidental consequence” of taking him on vacation. 

Malaysian Politicians Condemn Teacher's Caning of Student For Bringing Non-Halal Food to School

In the Malaysian state of Sarawak, politicians from the governing Barisan Nasional party, as well as from opposition parties, have condemned the actions of a public school teacher who caned a boy for bringing non-Halal food to school.  According to Saturday's Free Malaysia Today, the senior teacher of St. Thomas Primary School took the action against Basil anak Beginda for bringing fried rice with pork sausages to eat during school recess. Spokespersons for various political parties emphasized the tradition of tolerance in Sarawak, freedom of religion and their belief that the boy's infraction was not serious.

Police Officer's Claim of Religious Discrimination In Investigation Dismissed

Longmire v. City of Oakland, (ND CA, Nov. 2, 2010), is a lawsuit by an Oakland,California police officer who believed that racial and religious discrimination impacted an investigation that concluded he interfered with the police department's criminal investigation of a Black Muslim Bakery. Members of the bakery were suspected of being involved in two homicides, a kidnapping, a robbery and more. Plaintiff Derwin Longmire claims he was targeted because he was suspected of being a member of the Black Muslim religion while in fact he is a Christian African-American.  In this opinion, a California federal district court dismissed, with leave to amend, Longmire's free speech, free exercise of religion, freedom of association and privacy claims. In dismissing plaintiff's free exercise claim, the court concluded:

Plaintiff ... has failed to provide support for the legal contention that a state may infringe an individual’s free practice of religion based on discrimination on a (mis)perceived religious affiliation.

In dismissing his claim for infringement of associational rights, the court said:

There can be no inference from the allegations made in the current complaint that his rights to associate with the Black Muslim Bakery were infringed if he did not actually associate, or wish to associate, with the group.

The court permitted plaintiff to proceed with his claim that the investigation against him was tainted with race-based discrimination. Yesterday's Contra Costa (CA) Times reports on the decision.

Fair Housing Charges Dismissed In Case of Church Posting For Female Christian Roommate

The U.S. Region V Office of Fair Housing and Equal Opportunity has found no reasonable cause to believe there was a violation of the Fair Housing Act in the case of a woman who posted an ad for a "female Christian roommate" on her church bulletin board.  The Fair Housing Center of West Michigan filed a complaint against a 31-year old Grand Rapids (MI) woman who posted the notice after someone in her congregation complained about the ad. (See prior posting.) While the complaint was filed with the Michigan Department of Civil Rights, that agency, in a statement, said that it coordinates with the U.S. Department of Housing and Urban Development to assure uniform application of the law, and HUD decided that the legal and Constitutional issues posed by the case were ones it wanted to address.

In its Oct. 28 Determination of No Reasonable Cause, HUD said:

The advertisement contains statements that indicate a preference or limitation based on religion and gender. In general, 42 U.S.C. 3604(c) prohibits such statements whether made verbally or in writing. However, in light of the facts provided and after assessing the unique context of the advertisement and the roommate relationship involved in this particular situation potentially involving the sharing of personal religious beliefs, the Department defers to Constitutional considerations in reaching its conclusion.

The statement issued by the Michigan Department of Civil Rights emphasized that it had never implied during its investigation that there was a violation of law. It went on to say:

We do not comment on the specifics of an open investigation until we have reached an official determination, and we do not reach a determination until after an investigation is complete and it can be based on all of (and only) the facts. In this instance, we sincerely wish everyone would have done the same.

Because some chose to ignore the difference between conducting a legally-required investigation and the decision to bring a charge of discrimination based upon that investigation when appropriate, this office and specifically a member of our staff was subjected to a barrage of phone calls, emails, comments, posts and blog entries. Although these communications were premature in that they falsely accused us of having made a determination, they were mostly valid expressions of personal opinion, which the Department is always interested in receiving. However, many also included threats or other inappropriate personal attacks. The Department of Civil Rights will not tolerate such conduct, which it believes is never appropriate. All threatening communications have been and will be forwarded to the appropriate law enforcement authorities.

Under the Fair Housing Act (background), HUD's determination does not preclude filing of a federal lawsuit by a victim of discrimination at that person's own expense. (42 USC Sec. 3613.) Today's Grand Rapids Press reports on the case.

9th Circuit Hears Oral Arguments In Church Zoning Case

On Wednesday, the U.S. 9th Circuit Court of Appeals heard oral arguments in International Church of the Foursquare Gospel v. City of  San Leandro. An audio recording of the oral arguments is available from the court's website. In the case, a California federal district court rejected RLUIPA, First Amendment, due process and equal protection challenges to a California city's refusal to rezone for "assembly" use industrial property a church had agreed to purchase. (See prior posting.)

Lawsuit Seeks To Bar Certification of Oklahoma Vote on Shariah Law

Two days after Oklahoma voters overwhelmingly approved a ballot measure barring state courts from considering or applying Shariah law, the Council on American-Islamic Relations filed a lawsuit seeking to enjoin the State Board of Elections from certifying the election results on the proposed constitutional amendment. The complaint (full text)  in Awad v. Ziriax, (WD OK, filed 11/4/2010), alleges that the amendment enshrines a condemnation of plaintiff's Muslim faith in the state constitution. In support of the injunction plaintiff argues that the Shariah ban violates the Establishment Clause because it has a sectarian purpose and effect. The complaint also asserts that the amendment violates the federal free exercise clause by targeting only one religion. Wall Street Journal reports on the filing of the lawsuit.

Consent Decree Entered In Suit By Group Seeking To Distribute Bibles In High Schools

On Tuesday, a Florida federal district court entered a consent decree (full text) in World Changers of Florida, Inc. v. District School Board of Collier County, Florida, (MD FL, Nov. 2, 2010). The lawsuit challenged a school policy instituted in 2008 that only permitted distribution of literature in the schools by outside groups if administrators found that it promotes student interests.  Applying the policy, the school ended the prior practice of allowing World Changers to set up a table in high schools to hand out Bibles on Religious Freedom Day. (See prior posting.) Under the settlement embodied in the consent decree, the school will create a limited public forum, allowing all non-profit groups to passively distribute literature to high school students from tables outside of classrooms on one day each year, set by the consent decree as January 16 (which is National Religious Freedom Day). Each table will carry a sign indicating the group handing out material and stating that the material is not endorsed by the school board. Certain materials can be excluded-- such as that promoting of alcohol, tobacco or illegal drugs; material likely to cause substantial disruption, incite imminent lawless action or material inappropriate for the age and maturity of high schoolers; pornographic or libelous material; commercial advertising; or material that infringes intellectual property or privacy rights. Liberty Counsel issued a press release announcing the settlement.

Financial Scandal Surrounds Pakistan Ministry's Hajj Arrangements

With the arrival of Hajj participants from around the world underway in Saudi Arabia, scandal swirls around the financial dealings of Pakistan's Religious Affairs Ministry in its arrangement of housing for Pakistani Hajj pilgrims. First, according to Monday's Pakistan Express Tribune, Pakistan's Hajj officials arranged for housing for Pakistanis too far away from Hajj activities, so many are instead camping on foot paths and roads. Then Hajj Director General Rao Shakeel was called back to Pakistan, charged with corruption in arranging the inadequate housing. According to today's Express Tribune, Saudi Prince Bin Bandar Bin Abdul Aziz Al-Saud in a letter to Pakistan's Chief Justice alleged that the Religious Affairs Ministry rented out housing to pilgrims at more than twice the actual cost, apparently embezzling the difference. The Supreme Court has ordered the government to deal with the issue on a national level, has ordered the Foreign Office to contact the Saudi government, and has ordered the government to respond to the court within 15 days.  Meanwhile, Prime Minister Syed Yousaf Raza Gilani has appointed a 3-member committee to probe the charges.

Pakistan's Parliament has reacted to the situation. According to Online International News Network, the Senate's Standing Committee on Religious Affairs has recommended that the Prime Minister remove Shakeel from his position, as has the Federal Minister for Religious Affairs.

Evangelist Sues Challenging City's Noise Ordinance

A lawsuit was filed yesterday in a Virginia federal district court by a Christian evangelist challenging Winchester, Virginia's noise ordinance.  Michael Marcavage, director of Repent America, was required by police to stop using a hand-held microphone and speaker while preaching at at Winchester's 2010 Apple Blossom Festival.  The complaint (full text) in Marcavage v. City of Winchester, Virginia, (WD VA, Nov. 3, 2010), contends that the city's ordinance that bars "any noise which unreasonably annoys, disturbs, injures or endangers the comfort, health, safety, welfare, or environment of others" is unconstitutionally vague.  The suit also alleges that the law, on its face violates the free expression provisions of the First Amendment and Virginia's Constitution as well as Virginia's Religious Freedom Restoration Act. Finally, plaintiff contends that because police acted on the basis of one person's complaint that the preaching caused the individual to be uncomfortable, the ordinance was not applied in a viewpoint neutral fashion. The Rutherford Institute issued a press release announcing the filling of the lawsuit.

SG's Standing Argument In Arizona Christian School Organization Case Surprises Some

The Los Angeles Times reports that many are surprised at the government's position on standing put forward yesterday by Acting U.S. Solicitor Gen. Neal Katyal in his Supreme Court argument on the constitutionality of Arizona's tuition scholarship tax credit. (See prior posting.) Here is part of the argument in Arizona Christian School Tuition Organization v. Winn that has caused American United executive director Barry Lynn to describe the Obama administration's position as "inexplicable":

GENERAL KATYAL: Not a cent of the Respondent's money goes to fund religion. If you placed an electronic tag to track and monitor each cent that the Respondent plaintiffs pay in tax, not a cent, not a fraction of a cent, would go into any religious school's coffers.... Their complaint is not that the government is spending ... money that has been extracted [from] ... taxpayers. Their complaint is that someone else's money is not being extracted and spent enough. And the relevant language in Flast says that for taxpayer standing to occur ... "his tax money" must be extracted and spent, and here that is not occurring.

JUSTICE GINSBURG: Counsel, does anyone have standing, in your view, to challenge this scheme?

GENERAL KATYAL: The way this scheme is set up, our answer is no. And I think that accords with this Court's general reluctance to confer taxpayer standing in this area.

JUSTICE GINSBURG: And if we leave out the fine points that you were discussing, isn't the underlying premise of Flast v. Cohen that the Establishment Clause will be unenforceable unless we recognize taxpayer standing?

GENERAL KATYAL: I don't see that, Justice Ginsburg..... I think Flast is a very narrow exception for when someone's dollars are being taken out of their pocket and spent by the government on religion, and I don't think that's happening here....

JUSTICE KAGAN: So if you are right, General Katyal, the Court was without authority to decide Walz, Nyquist, Hunt, Mueller, Hibbs, this -- this very case, just a few years ago? That the Court was out of authority to decide any of those cases, but somehow nobody on the Court recognized that fact, nor did the SG recognize that fact? The SG participated, I believe, in each of those cases.

GENERAL KATYAL: Right.

The government's amicus brief in the case similarly argued that plaintiffs lacked standing to bring their Establishment Clause challenge.

Christian Proselytizer Seeks To Appeal Mormon Judge's Refusal To Recuse Himself

Yesterday in Palmer v. City of Prescott, plaintiff filed a motion for interlocutory appeal (full text) of an Arizona federal district court judge's refusal to disqualify himself from hearing plaintiff's civil rights case. (See prior posting.) Plaintiff, an evangelical Christian who proselytizes Mormons, claimed that Judge David Campbell's Mormon religious beliefs would bias him. In the motion, plaintiff claims that: "true-believing Mormons believe I am a hireling of Lucifer, paid by the devil.... I have further prejudiced the judge against me by disclosing parts of his 'sacred' temple ceremony ... which the church considers blasphemy."

Supreme Court Hears Arguments In Arizona Tuition Scholarship Tax Credit Case

The U.S. Supreme Court today heard oral arguments (full transcript) in Arizona Christian School Tuition Organization v. Winn along with Garriott v. Winn. At issue is the constitutionality of Arizona's program that gives tax credits for contributions to school tuition organizations that in turn provide scholarships primarily to children attending parochial schools. Scotus Blog has links to all the briefs filed both by the parties and by amici.  In the case, the 9th Circuit held that plaintiffs have taxpayer standing to challenge the state programs and that the programs violate the Establishment Clause. (See prior posting.) Lyle Denniston has a recap of the arguments posted at Scotus Blog. He described it as "a passionate hour spent heavily on the difference between a tax credit and a tax deduction, intertwined with a focus on the arcane subject of "taxpayer standing" to file a lawsuit...."  ABC News also reports on the arguments.

Colorado Voters Defeat Personhood Amendment

In Colorado, Amendment 62, the anti-abortion Personhood Amendment was voted down yesterday. 70% of the voters cast their ballots against the amendment. (Election results.) The Denver Post reporting on the defeat, said the result was similar to the vote on a comparable proposal in 2008. The Personhood Amendment (full text) would have applied state constitutional protections for inalienable rights, equality of justice and due process of law "to every human being from the beginning of the biological development of that human being." Opponents argued that this would not only ban abortion, but also emergency contraception in rape cases, and would limit treatment for miscarriages and tubal pregnancies and would impact infertility treatment.

South Africa Plans To Amend Tax Law To Equalize Treatment of Shariah Compliant Mortgages

Bloomberg reports today that in South Africa, the government plans to introduce new tax rules next year to level the playing field for Islamic mortgages. South African law now exempts interest under $3206 (US) earned by those under 65 years of age from taxation. The new rules will give similar treatment to made from murabahah, mudarabah and diminishing musharaka arrangements-- transactions based on the exchange of assets structured to avoid the ban on interest imposed by Shariah law. South African banks plan to increase their offerings of Shariah-compliant mortgages once the new tax rules are in place. The government may also sell Islamic bonds if the tax law amendments are adopted.

3 Iowa Supreme Court Justices Voted Out of Office Because of Their Gay Marriage Ruling

In Iowa, for the first time since the judicial merit selection system was adopted in 1962, three state Supreme Court justices were voted out of office. Chief Justice Marsha Ternus and Justices David Baker and Michael Streit each received only 45% support for retention. (Unofficial results.) The vote came as a result of a campaign by those who are opposed to the state Supreme Court's ruling last year upholding same-sex marriage. In Varnum v. Brien, (IA Sup. Ct., April 3, 2009), the Iowa Supreme Court held that the Iowa statute limiting marriage to unions between opposite-sex partners violates the equal protection clause of the Iowa Constitution. (See prior posting.)  The Des Moines (IA) Register reports that the campaign to remove the justices spent $650,000, with much of the money from out-of-state conservative and religious groups. The Iowa Independent last month profiled the various groups supporting the campaign to oust the justices. The campaign in support of the justices spent $200,000. Two trial court judges in Polk County who were also targeted kept their seats.  Judge Robert Hanson who sided with same-sex couples at the trial court level received 66% support for retention, while Judge Scott Rosenberg, targeted for signing a gay couple's marriage waiver, was retained by a 69% vote.

Oklahoma Voters Approve Ban On Courts Using Shariah Law

In Oklahoma yesterday, voters approved State Question No. 755, amending the Oklahoma constitution to bar state courts from considering or using international law or Shariah law when deciding cases. With all precincts reporting, 70% of voters cast ballots in favor of the measure. (Unofficial results.) According to AP, the sponsor of the measure, Rex Duncan, called it a "pre-emptive strike."  Some members of the Muslim community say they are prepared to file a lawsuit challenging the measure.

Supreme Court Hears Arguments In RLUIPA Damages Lawsuit

The U.S. Supreme Court today heard oral arguments in Sossamon v. Texas (full transcript). At issue is whether states and state officials in their official capacities may be sued for damages under the Religious Land Use and Institutionalized Persons Act. Scotus Blog has links to all the merits and amicus briefs as well as to the other relevant primary source documents in the case. The case was brought by a prisoner who objected to the prison's policy of prohibiting congregational worship in the prison's chapel. He claimed that alternative worship venues did not give him access to Christian symbols or furnishings such as an altar or cross. In the case, the 5th Circuit held that RLUIPA did not clearly alert the state of Texas that it would waive sovereign immunity for damage actions by accepting federal funding for its prisons. The text of RLUIPA merely provides that a plaintiff may obtain "appropriate relief" against  a governmental defendant. (See prior posting).

Ugandan Court Grants Temporary Injunction Against Tabloid Publishing Names of Gays

CNN and Canadian Press both report on a temporary injunction issued by a court in Uganda ordering the publication Rolling Stone (unrelated to the U.S. magazine of the same name) to stop publishing names of photos of people it claims are gay.  Last month the tabloid published the names of 100 supposedly leading gays and lesbians in the country accompanied by a yellow banner reading "hang them." On Monday it published a second list and photos of people it said are gay and urged that they be reported to the police. The gay rights group Sexual Minorities Uganda filed an invasion of privacy lawsuit that led to the temporary injunction. The next hearing in the case is scheduled for Nov. 23. Last year Uganda came under heavy criticism as a bill was introduced that would have imposed the death penalty for "aggravated homosexuality" and life imprisonment for gays. (See prior posting.) It is reported that some American evangelicals have promoted the anti-gay agenda in Uganda. (See prior posting.) Uganda is mostly Christian and, according to CNN, a Pew poll reported that almost two-thirds of the country's Christians favor making the Bible the law of the land.

Settlement Approved In Suit Challenging Ban On Wearing Rosaries In School

A New York federal district court yesterday approved a settlement in a suit that was brought on behalf of a 13-year old middle school student in Schenectady, New York who was suspended for wearing a rosary outside his shirt to school. The school argued that items made of beads are gang-related. The settlement stipulation (full text) in R.H. v. Schenectady City School District, (ND NY, Oct. 30, 2010), calls for defendants to pay the student $2500 in damages and expunge his school record. The settlement also calls for defendants to pay $20,000 in attorneys' fees. The school has already modified its policy on wearing rosaries.  American Center for Law & Justice announced the approval of the settlement. (See prior related posting.)

High-Profile Defendant Removed From Jury Selection For Singing Hymns In Court

Yesterday in Salt Lake City, Utah, jury selection began in the federal court trial of Brian David Mitchell who is charged in the high profile 2002 kidnapping of then 14-year old Elizabeth Smart. Mitchell insisted on softly singing hymns during the court proceedings.  AP reports that after a half hour of the singing, Judge Dale Kimball ordered Mitchell removed, but to another room where he was still able to watch the proceedings by closed circuit television. It is expected that Elizabeth Smart will return to Utah to testify against Mitchell. Smart is currently serving a mission for the Church of Jesus Christ of Latter Day Saints in France.

Canadian Preacher's Rights Infringed By Calgary's Limits On Use of Parks

A Canadian court in Calgary, Alberta ruled yesterday that Calgary city parks rules barring the distribution of free food, posting signs and gathering people together for religious services violates the religious freedom rights of street preacher Artur Pawlowski. The Calgary Sun reports that the court also found that the ban on using amplification systems in the park violated Pawlowski's free speech rights under Canada's Charter of Rights and Freedoms.

Israel Criticizes UNESCO Vote Classifying Two Biblical Sites As Palestinian

JTA reported  on Sunday that Israeli Prime Minister Benjamin Netanyahu has criticized as absurd a vote last month by the United Nations Educational, Scientific and Cultural Organization that classified two historical Biblical sites as "an integral part of the occupied Palestinian territories." The resolution also called from removal of the sites from Israel's national heritage list. (London Guardian). At issue are the Cave of the Patriarchs in Hebron where the Bible says that Abraham, Isaac and Jacob are buried, and the Biblical Tomb of Rachel located in Bethlehem. Muslims call the Cave Al-Ibrahimi Mosque because Abraham is buried there. Since 1996, Rachel's burial place has been called Bilal bin Rabah Mosque by Palestinians. The UNESCO Executive Board vote was 44-1 with 12 abstentions. The sole negative vote was cast by the United States. 

RLUIPA Challenge Filed To Michigan Town's Law

Crain's Detroit Business reports that a RLUIPA challenge to a Hazel Park, Michigan zoning ordinance was filed last week by the Salvation Temple Church which is seeking to open a church on residential property that has been vacant since 2002. The challenged ordinance, passed in 2005, bars religious institutions in areas zoned commercial or industrial.  They can open in residentially zoned areas with approval of the city, but Hazel Park has no residential property large enough to house a church and required parking.  The federal lawsuit claims that the zoning law effectively bars any new religious institution from opening in the city.

52 Dead In Iraq After Attack On Catholic Church

In Iraq yesterday, security forces stormed a Syrian Catholic Church that was taken over by terrorists wearing suicide vests. At least 52 people, including a priest, have been killed. It is unclear how many were killed by terrorists and how many were casualties of the security force's raid.  Canadian Press reports that the militant group Islamic State of Iraq in a website message linked the reason for the attack to two wives of Coptic priests in Egypt, The women allegedly converted to Islam in order to divorce their husbands. It is charged that Egyptian police located the women and sent them off to distant monasteries. The terrorist group that is linked to al-Quaida in Iraq, says it will exterminate Iraqi Christians if the Egyptian women are not released.

Arizona To Try Utah Appointed Fiduciary For FLDS Property On Trespass Charge

An Arizona judge last week refused to dismiss criminal trespass charges against Bruce Wisan, the special fiduciary appointed by Utah courts to reform the United Effort Plan trust that holds property of members of the FLDS Church.  According to yesterday's Salt Lake Tribune, Wisan is charged with authorizing a former FLDS member to break into homes in Colorado City, Arizona, one of the twin towns occupied by the polygamous FLDS group, to change locks on the houses. Wisan argues he is not guilty because he has a claim of right over all property held by the trust. Wisan's trial is now scheduled for Dec. 16-17.

Recent Articles Of Interest

From SSRN:

• Mary Jean Dolan, Salazar v. Buono: The Cross Between Endorsement and History, (Northwestern University Law Review Colloquy, Vol. 105, p. 42, 2010).
• Mary Jean Dolan, P.S. Untold Stories and the Cross National Monument, (October 26, 2010).
• Haider Ala Hamoudi, Ornamental Repugnancy: Identitarian Islam and the Iraqi Constitution, (St. Thomas University Law Review, Forthcoming).
• Rohen Peterson, The Emperor’s New Scanner: Muslim Women at the Intersection of the First Amendment and Full Body Scanners, (Hastings Women’s Law Journal, Forthcoming).

From SmartCILP:

• Robert J. Friedman, Religious Discrimination in the Workplace: The Persistent Polarized Struggle, 11 Transactions: Tennessee Journal of Business Law 143-165 (2010).
• Armany R. Hacking, A New Dawn for Muslims: Asserting Their Civil Rights in Post-9/11 America, 54 St. Louis University Law Journal 917-941 (2010).
• Steven D. Smith, Why Is Government Speech Problematic? The Unnecessary Problem, The Unnoticed Problem, and the Big Problem, 87 Denver University Law Review 945-970 (2010).
• Tom R. Tyler, Stephen Schulhofer & Aziz Z. Huq, Legitimacy and Deterrence Effects in Counterterrorism Policing: A Study of Muslim Americans, 44 Law & Society Review 365-401 (2010).