Sunrise Rock Cross Litigation Becomes Even More Complicated

The complex procedural history of the Establishment Clause challenge to the Sunrise Rock Cross in the Mojave Preserve veterans' memorial has just become more complicated. Liberty Institute announced yesterday that it has filed a new lawsuit on behalf of the VFW seeking to enforce the statute passed by Congress in 2003 (Defense Appropriations Act 2004, Sec. 8121) directing the Secretary of Interior to transfer title to the property to the VFW. The constitutionality of the transfer statute was challenged on Establishment Clause grounds in a previous lawsuit. Last year the U.S. Supreme Court reversed the 9th Circuit's decision that had found Establishment Clause problems with the transfer. However the Supreme Court's reversal and remand -- in six fragmented opinions-- did not clearly decide the merits of the case. (See prior posting.) Now in VFW Post 385 v. United States, (CD CA, filed 1/10/11) (full text of complaint), the VFW asks the court to quiet title to the parcel of land, to issue a declaratory judgment that the VFW is the owner of the land and to issue an injunction requiring the Secretary of Interior to consummate the land transfer. The lawsuit was apparently triggered by the district court's recent decision refusing to permit the VFW to intervene in the case on remand from the Supreme Court. Riverside (CA) Press Enterprise reports on the new lawsuit. For other developments, see prior related posting. [Thanks to Alliance Alert for the lead.]

Regional NLRB Decision Holds Manhattan College Is Secular; Representation Election Ordered

In In re Manhattan College, (NLRB, Jan. 10, 2010), a National Labor Relations Board regional director held that the judicially and administratively developed exemption from NLRB coverage for colleges whose purpose is the propagation of a religious faith does not apply to New York's Manhattan College. The holding comes in response to a petition by the Manhattan College Adjunct Faculty Union to hold an election for it to become the collective bargaining representative for part-time adjunct faculty.  The decision concludes that the evidence shows the purpose of the college is secular. It finds that there is little risk that exercising NLRB jurisdiction will lead to unconstitutional entanglement of government and religion because the "school's stated purpose does not involve the propagation of a religious faith, teachers are not required to adhere to or promote religious tenets, a religious order does not exercise control over hiring, firing, or day-to-day operations, and teachers are given academic freedom..." According to Inside Higher Ed yesterday, the case has been closely followed by both labor unions and religious organizations. The college administration has emphasized the Catholic nature of the institution. (See prior related posting.)

Pakistani Court Imposes Life In Prison For Blasphemy In Disagreement Between Sunni Sects

AFP reported yesterday on another controversial blasphemy conviction in Pakistan. An anti-terrorism court in the town of Muzaffargarah sentenced imam Mohammad Shafi and his son Mohammad Aslam to life imprisonment for tearing down and trampling a poster containing Quar'anic verses. The poster, which had been  put up outside their grocery store, advertised an event in a nearby village celebrating the birthday of the Prophet Muhammad.  Islamic sects differ on whether celebrating Mawlid (the Prophet's birth) is permissible. (Background.) Apparently those promoting the event were members of the Barelvi sect of Sunni Islam which publicly celebrates Mawlid, while defendants are members of the Deobandi sect of Sunni Islam which considers the celebration forbidden.

Arizona Moving To Pass Funeral Picketing Law In Face of Westboro Plans To Picket Massacre Victims' Funerals

The notorious Westboro Baptist Church has announced that it will picket the funerals of the six shooting victims in Tucson, Arizona. It claims God sent the shooter because of a veteran's plans last month to shoot at WBC members. The announcement also claimed that shooting a federal judge and a member of Congress occurred because WBC was placed on trial in Baltimore and because Congress' passed three laws against WBC. CNN reports that Tucson residents plan to shield mourners at the funeral of 9-year old victim Christina Green by wearing 8 x 10 foot angel wings. Meanwhile, according to TPM today, members of the Arizona state legislature are reacting by moving to quickly enact a law barring funeral protests.

UPDATE: Politico reports that on Jan. 11 the legislature passed and the governor signed SB 1101 barring protests within 300 feet of a funeral from one hour before to one hour after the ceremony.

Some Claims On Behalf of Muslim Student Over Classroom Content May Proceed

In Doe v. Cape Henlopen School District, (D DE, Jan. 7, 2011), the mother of a Muslim student sued claiming that her daughter's fourth-grade teacher created a classroom environment that promoted Christianity and excluded Muslim beliefs. The suit also alleged that the daughter was traumatized by a transfer to another classroom and her friends' reactions to her after that. The Court granted defendants' summary judgment on certain of the claims but found that as to a number of others there remained genuine issues of material fact so that the claims should proceed to trial. At issue were teacher Cindy Cunningham's class discussions of the events of 9/11 and her reading of Christmas books to her class every day between Thanksgiving and Christmas. The court concluded that the issue of whether the Christmas readings violate Art. 1, Sec. 1 of the Delaware Constitution (protecting religious freedom and barring religious preferences) and the federal equal protection clause should go to trial, but dismissed claims regarding the 9/11 textbook used and a deliberate indifference claim. The court also found that the student's transfer to another classroom may have been retaliation and ordered that claim to go to trial, and refused to find at this point that defendants had qualified immunity. [corrected]

Cert. Denied In RLUIPA Zoning Decision

The U.S. Supreme Court yesterday denied certiorari in Board of County Commissioners v. Rocky Mountain Christian Church,(Docket No. 10-521, cert. denied 1/10/2011) (Order List).  In the case, the 10th Circuit held that sufficient evidence was presented at trial to justify the jury's determination that the denial of a special use application to Rocky Mountain Christian Church violated the equal terms and unreasonable limitations provisions of RLUIPA. (See prior posting.) The Boulder (CO) Daily Camera reported on the Supreme Court's refusal to review the case.

Catholic Bishop At Odds With Rhode Island's New Governor

Tension seems to be developing already between Providence, Rhode Island Catholic Bishop Thomas Tobin and Rhode Island's newly-inaugurated governor, Lincoln Chafee. According to the Providence Journal, last week, for the first time in at least 20 years, no Catholic bishop offered a prayer at the governor's inauguration ceremony.  In a column published two days later in The Rhode Island Catholic, Bishop Tobin took issue with the reason for Chaffee's decision not to begin inauguration day with a public prayer service. Chaffee's spokesman said that the decision was made out of respect for the principle of separation of church and state. Bishop Tobin complained:

The point is this: religion has an important, indeed a unique contribution to make to the governance of our society. Can we, once and for all then, put to rest the bogus interpretations of the “separation of church and state” so often cited these days?

The Governor's spokesman later said that had misspoken.  He meant to say that the governor believed individuals should pray in their own ways instead of in a prayer service organized by the governor's office. Within days, Bishop Tobin again criticized Gov. Chaffee, this time for his support for a bill to legalize same-sex marriage in Rhode Island. According to the Providence Journal, a gay-marriage bill supported by the governor was introduced in the legislature last Friday.  Tobin called the bill morally wrong and divisive.

Aga Khan Wins Canadian Copyright Case Against Followers Who Published His Pronouncements

The Aga Khan, currently a resident of France, is the spiritual leader of the Shia Imani Ismaili Muslims around the world.  He gives advice and guidance to his followers through issuing Farmans (recorded talks) an Talikas (written religious messages). In 2009, one of the Aga Khan's followers, Nagib Tajdin (with the assistance of others) published Farmans 1957-2009 – Golden Edition Kalam-EIman-E-Zaman, a collection of the Aga Khan's Farmans and Talikas. Ismaili authorities asked them to cease publication, but they refused, claiming that they had the consent of the Aga Khan to publish them.  Tajdin claimed that a letter from the Aga Khan asking him to cease publication was a forgery.  This led to the Aga Khan bringing suit in Canada's Federal Court claiming copyright infringement. In Aga Khan v. Tajdin, (Fed. Ct. Canada, Jan. 7, 2011), the court concluded that the Aga Khan had not given his consent to others to publish his pronouncements and permanently enjoined defendants from publishing or distributing the Golden Edition.  It also issued a reference for the determination of damages. Vancouverite reports on the decision.

Pope Addresses Diplomatic Corps Calling For Expanded Religious Liberty

Yesterday Pope Benedict XVI delivered his annual address (full text) to the diplomatic corps accredited to the Holy See-- ambassadors from 178 countries. Zenit reports that Vatican officials characterized the Pope's remarks as opening a new chapter in the commitment to religious liberty. Here are a few excerpts:

[T]he attacks which brought death, grief and dismay among the Christians of Iraq, even to the point of inducing them to leave the land where their families have lived for centuries, has troubled us deeply. To the authorities of that country and to the Muslim religious leaders I renew my heartfelt appeal that their Christian fellow-citizens be able to live in security, continuing to contribute to the society in which they are fully members.

In Egypt too, in Alexandria, terrorism brutally struck Christians as they prayed in church. This succession of attacks is yet another sign of the urgent need for the governments of the region to adopt, in spite of difficulties and dangers, effective measures for the protection of religious minorities.....

Among the norms prejudicing the right of persons to religious freedom, particular mention must be made of the law against blasphemy in Pakistan: I once more encourage the leaders of that country to take the necessary steps to abrogate that law, all the more so because it is clear that it serves as a pretext for acts of injustice and violence against religious minorities....

Turning our gaze from East to West, we find ourselves faced with other kinds of threats to the full exercise of religious freedom. I think in the first place of countries which accord great importance to pluralism and tolerance, but where religion is increasingly being marginalized. There is a tendency to consider religion, all religion, as something insignificant, alien or even destabilizing to modern society, and to attempt by different means to prevent it from having any influence on the life of society.....

UPDATE: The Jan. 11 Wall Street Journal reports that in response to the Pope's criticism, Egypt recalled its ambassador to the Vatican. [Thanks to Pew Sitter for the lead.]

Canadian Court Rejects Exemption for Marriage Commissioners from Performing Same-Sex Unions

The Court of Appeal for Saskatchewan has held that it would be unconstitutional under Canada's Charter of Rights and Freedoms for the provincial legislature to accommodate the religious beliefs of government marriage commissioners by exempting those who object from solemnizing same-sex marriages.  The decision came in Marriage Commissioner's Reference, (Ct. App. SK, Jan. 10, 2011), a request of the Saskatchewan government to pass on the validity of two possible amendments to the Marriage Act. Here is a summary of the court's holding as set out in the court's case summary:

The reasoning of the Court is grounded in section 15(1) of the Charter.. prohibit[ing] discrimination based on various characteristics including sexual orientation.... [A] law empowering marriage commissioners to deny their services to gay and lesbian individuals would clearly violate section 15(1) as it would treat them differently than other people and would do so in a discriminatory fashion based on their sexual orientation.

... [T]he Court held that accommodating the religious beliefs of marriage commissioners could not justify discrimination against gay and lesbian couples.... [M]arriage commissioners act as government officials, not private individuals, when they perform marriage ceremonies.... [T]he obligation to solemnize same-sex marriages does not affect or interfere with the core elements of a commissioner’s religious freedom: the freedom to hold beliefs and the freedom to worship.... [A]llowing marriage commissioners to withhold their services because of personal religious convictions would undercut the fundamental principle that government services must be provided to all members of the public on an impartial and non-discriminatory basis.

CTV News reports on the decision. Toronto Globe and Mail reports that Saskatchewan will not appeal the ruling.

Cert. Denied In RLUIPA Prisoner Free Exercise Case

The U.S. Supreme Court today denied certiorari in Thunderhorse v. Pierce, (Docket No. 09-1353, cert. denied 1/10/11) (Order List). In the case, the 5th Circuit rejected a RLUIPA claim by a Native American inmate, upholding prison restrictions denying him permission to grow his hair, prohibiting him from performing pipe ceremonies in his cell, and limiting vendors from whom he could buy a headband. (See prior posting.) The petition for review (via Scotus blog), focusing on the prison's grooming rule, asserts that there is a split in circuits on the question of how much deference to give to prison officials under RLUIPA in deciding whether the government has used the least restrictive means to achieve a compelling interest.

New Hampshire High Court Hears Arguments In Home Schooling Case

The New Hampshire Supreme Court last week heard oral arguments (video of full arguments) in a divorce case that has gained national attention through the publicity given to it by groups that see it as an important religious freedom test.  As reported by AP, at issue is a disagreement between parents with joint custody of their 11-year old daughter over her schooling.  Amanda, daughter of Brenda Voydatch and Martin Kurowski, was home schooled by her mother through the fourth grade using Christian-based material from Bob Jones University. In 2009, Amanda's parents were unable to agree on where she should continue her education. Amanda's father wanted her exposed to different points of view and more social interaction than was available through home schooling. When the parents could not agree on an alternative, a state family court judge ordered that Amanda attend public school. The mother's attorneys characterize this as punishing the mother and daughter for their religious views. However the case may turn on whether the lower court order is seen as a modification of the parenting plan, which would require the father to show that Amanda was being harmed by home schooling. [corrected]

Referee Concludes That Ohio Science Teacher Repeatedly Violated Establishment Clause

In Mount Vernon, Ohio on Friday, a referee appointed pursuant to an Ohio Revised Code 3319.16 has recommended that middle school science teacher John Freshwater's contract be terminated because of Freshwater's repeated violations of the Establishment Clause. (Full text of referee's findings.) The Mount Vernon City School Board voted unanimously in 2008 to fire Freshwater after an investigation of complaints that he taught creationism or intelligent design in class, told his class that anyone who is gay is a sinner, improperly used an electrostatic device to put a cross on the arm of a student, was excessively involved in the school's Fellowship of Christian Athletes and was insubordinate in failing to remove religious materials when ordered to do so by his principal. (See prior posting.)

In Friday's report, the referee, appointed after Freshwater demanded a hearing, concluded that while Freshwater was a successful and well-liked science teacher, he insisted on inserting his personal religious beliefs into his instruction.  The referee concluded that Freshwater:

persisted in his attempts to make eighth grade science what he thought it should be – an examination of accepted scientific curriculum with the discerning eye of Christian doctrine. John Freshwater ignored the concept of in loco parentis and, instead, used his classroom as a means of sowing the seeds of doubt and confusion in the minds of impressionable students as they searched for meaning in the subject of science. John Freshwater purposely used his classroom to advance his Christian religious views knowing full well or ignoring the fact that those views might conflict with the private beliefs of his students. John Freshwater refused and/or failed to employ objectivity in his instruction of a variety of science subjects and, in so doing, endorsed a particular religious doctrine.

Yesterday's Columbus Dispatch, reporting on these developments, points out that the board of education, whose composition now differs somewhat from that of the board that initially voted to fire Freshwater, is not bound to accept the referee's conclusions. Freshwater's hearing, that went on sporadically for nearly two years, cost taxpayers $700,000. Freshwater's activities have generated a number of lawsuits, all of which now have been concluded in one fashion or another. (See prior related posting.)

UPDATE: The Jan. 11 Mount Vernon (OH) News reports that the Mount Vernon City Schools Board of Education voted 4-1 to accept the referee's report and to fire Freshwater. Freshwater can still appeal this decision to a state common pleas court.

Suit Challenges Zoning Restrictions On New Jersey Synagogue

A long-simmering zoning dispute between an Orthodox Jewish congregation and officials in Teaneck, New Jersey (see prior posting) last month matured into a lawsuit.  The complaint (full text) in 554 Queen Anne Road, Inc. v. Teaneck Board of Adjustment, (NJ Super. Ct., filed 12/17/2010) alleges that restrictions placed on use of a property for religious worship by zoning authorities are vague, largely have no relation to land use objectives and are more onerous than restrictions placed on comparable secular and religious institutions. The dispute began as one over whether a house, used as a home by the rabbi of Etz Chaim of Teaneck, had been turned into a house of worship that needed zoning approval when religious services were moved from the living room to the family room. The synagogue agreed to apply for Board of Adjustment approval of use of the family room addition as a house of worship. However  the Board placed conditions on its use that the synagogue found unacceptable. Plaintiffs argue that the conditions imposed by the Board of Adjustment on Etz Chaim Synagogue violate the U.S. and New Jersey's constitutions, RLUIPA and New Jersey zoning laws. [Thanks to Thomas Rockland for the lead.]

Recent Articles and Books of Interest

From SSRN:
      U.S. Law:

• Ira C. Lupu and Robert W. Tuttle, The Forms and Limits of Religious Accommodation: The Case of RLUIPA, Cardozo Law Review, Vol. 32, 2011).
• Lloyd H. Mayer, Charities and Lobbying: Institutional Rights in the Wake of Citizens United, Notre Dame Legal Studies Paper No. 10-39, Jan. 4, 2011).

       Same-Sex Marriage:

• Mark Strasser, On Same-Sex Marriage and Matters of Conscience, (William and Mary Journal of Women and the Law, Vol. 17, pp. 1-36, 2010).
• Mark Strasser, Tribal Marriages, Same-Sex Unions, and an Interstate Recognition Conundrum, (Boston College Third World Law Journal, Vol. 30, pp. 207-37, 2010).
• Mark Strasser, Interstate Marriage Recognition and the Right to Travel, (Wisconsin Journal of Law, Gender and Society, Vol. 25, No. 1, pp. 1-34, Spring 2010).
• William E. Thro, The Heart of the Constitutional Enterprise: Affirming Equality and Freedom in Public Education, (Brigham Young University Education and Law Journal, 2011).

      Non-U.S. Law:

• Tanya Kateri Hernandez, Hate Speech and The Language of Racism in Latin America: A Lens for Reconsidering Global Hate Speech Restrictions and Legislation Models, (University of Pennsylvania Journal of International Law, Forthcoming).
• Avishalom Westreich, The Right to Divorce in Jewish Law: Between Politics and Ideology, (International Journal of the Jurisprudence of the Family, 2011).
• Prakash Shah, A Reflection on the Shari'a Debate in Britain, (Studia z Prawa Wyznaniowego (Studies of Ecclesiastical Law), Vol. 13, pp. 71-98, 2010).
• Germano Schwartz, The Representation of the Sacred and the Insufficient Functional Differentiation of the Legal System in Brazil, (January 3, 2011).

      Jurisprudential Concerns:

• Barbara P. Billauer, Optimal Justice: Education, Rehabilitation, Forgiveness - Or How Joseph Ends Sibling Rivalry and Becomes a Saint, (November 2, 2010).
• Ian C. Bartrum, Nonpublic Reasons and Political Paradigm Change, (St. John's Law Review, Forthcoming).
• Robert T. Miller, Review of Permutations of Order: Religion and Law as Contested Sovereignties, (Journal of Contemporary Religion, Vol. 25, No. 3, p. 471, 2010).
• Howard Lesnick, Can Liberal Religion Ground Moral Imperatives?, (U of Penn Law School, Public Law Research Paper No. 11-1, Dec. 22, 2010).

New Books:

• Brian T. Kaylor, Presidential Campaign Rhetoric in an Age of Confessional Politics, (Lexington Books, Dec. 2010).
• George C. Rable, God's Almost Chosen Peoples: A Religious History of the American Civil War, (Univ. of North Carolina Press, Nov. 2010), reviewed at Physorg.
• Paul Horwitz, The Agnostic Age: Law, Religion and the Constitution, (Oxford Univ. Press, Jan. 2011), text of Introduction at SSRN.

EEOC Religious Accommodation Suit Settled

The EEOC announced last week that an educational testing company, Measurement Inc., has settled a lawsuit filed against it by the EEOC charging it with religious discrimination.  The suit was brought on behalf of employee Jacqueline Dukes who was a member of the Christian denomination Children of Yisrael. Her religious beliefs preclude her from working on her Sabbath, from sundown Friday to sundown Saturday. Her employer fired her for refusing to work on her Sabbath instead of accommodating her religious beliefs.  In the settlement, Measurement Inc. has agreed to pay compensatory damages plus $110,000 in back pay.  The three-year consent decree also requires the company to avoid further religious discrimination, institute anti-discrimination training, post a notice about the lawsuit and report on its handling of other religious accommodation requests. [Thanks to Steven H. Sholk for the lead.]

Recent Prisoner Free Exercise Cases

In Daker v. Warren, 2011 U.S. Dist. LEXIS 99 (ND GA, Jan. 3, 2011), a Georgia federal district court permitted plaintiff to proceed with his claim that his free exercise rights and his rights under RLUIPA were violated by Detention Center policies that deny Muslim inmates Friday Jum'ah sevices and that bar inmates from receiving hard cover books. Plaintiff claims he is required to seek knowledge about Islam in part from books that are available only in hard cover.

In Salvatierra v. Connolly, 2011 U.S. Dist. LEXIS 10 (SD NY, Jan. 3, 2011), a New York federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 137731, Sept. 1, 2010), and, while dismissing a number of claims, permitted an inmate to proceed with his claim that a corrections officer hit him in the face with his kosher meal bag while making a derogatory remark about it. This caused him to stop eating kosher meals to prevent problems with the officer.

In Kennedy v. Hayes, 2010 U.S. Dist. LEXIS 138296 (ED CA, Dec. 28, 2010), a California federal magistrate judge rejected an inmate's challenge to disciplinary action taken against him for threatening a doctor by telling the doctor that "God will take care of you." The court rejected plaintiff's argument that this was merely an expression of plaintiff's religious beliefs.

In Parks v. Brooks, 2010 U.S. Dist. LEXIS 138135 (D NV, Dec. 15, 2010), a Nevada federal district court dismissed an inmate's RLUIPA claims growing out of alleged denial of kosher meals to him. The court held that plaintiff's claim for an injunction is moot and that under RLUIPA monetary damages are not recoverable against defendants in in either their official or individual capacities.

In Simmons v. Robinson, 2011 U.S. Dist. LEXIS 337 (SD NY, Jan. 4, 2011), a New York federal district court rejected plaintiff's objections and accepted a magistrate's recommendation (2010 U.S. Dist. LEXIS 138332, Jan. 28, 2010), to dismiss claims by a Muslim prisoner at Sing Sing that prison officials inadequately protected his food on the religious alternative menu from pork contamination.

In Rinehart v. Beck, 2011 U.S. Dist. LEXIS 1037 (ED NC, Jan. 4, 2010), a North Carolina federal district court rejected an inmate's free exercise challenge to the prison's policy barring inmates from possessing disposable razors. Plaintiff had argued that he fears the health consequences of shaves by prison barbers using electric razors, so his only alternative is to convert to Islam to take advantage of the limited exception allowing Muslim inmates to use disposable razors to shave certain areas of the body as a part of their religious hygiene.

Lutheran University Entitled To Title VII Exemption For Religious Hiring; Exemption Cannot Be Waived

In Ginsburg v. Concordia University, (D NE, Jan. 5, 2011), a Nebraska federal district court held that that a Lutheran university sued under title VII of the 1964 Civil Rights Act is entitled to the exemptions provided by the statute for religious-based hiring by religious educational institutions (42 USC 2000e-1) and by religious colleges (42 USC 2000e-2). The lawsuit was brought by a woman's softball coach who claimed he was dismissed because he was Catholic, not Lutheran. The court rejected plaintiff's argument that the school waived its exemption when it hired him knowing he was not Lutheran. The court held that an institution cannot waive its right to assert the statutory exemptions, and that the exemption covers those employed in any of the institution's activities, not just in activities overtly religious in nature. The case is covered in yesterday's BNA Daily Labor Report (subscription required).   [Thanks to Steven H. Sholk for the lead.]

Class Action Charges Anti-Semitism in New York Town's Schools

Today's Lower Hudson Journal News reports on a class action lawsuit filed last month in a New York federal district court charging the Mahopac (NY) Central School District with anti-Semitism. The complaint alleges that Jewish students in Mahopc face a strong anti-Semitic environment. It claims that Jewish children in the Mahopac schools "are subjected to the widespread use of racial and religious epithets and slurs, including being subjected to depictions of swastikas and other symbols and references to Nazism and the Holocaust ... not only by students but also by school officials themselves." School system lawyers say that the school system denies the allegations.

UPDATE: Here is the full text of the complaint in N.B. v. Mahopac Central School District, (SD NY, filed 12/8/2010). [Thanks to Peter D. Hoffman.]

New Trial Granted In Patent Case Because of Lawyer's Remarks Appealing To Religious Prejudice

In Commil USA, LLC v. Cisco Systems, Inc., (ED TX, Dec. 29, 2010), a Texas federal district court judge has granted plaintiff a new trial in a patent infringement case because of remarks made during trial by defendant's counsel appealing to possible anti-Jewish prejudices of jurors.  The jury awarded plaintiff $3.7 million on its direct infringement claims. The new trial was awarded on the issues of indirect infringement and damages. As recounted by the court:

Jonathan David, one of the owners of Commil ... is Jewish. While cross-examining Mr. David, Cisco's counsel inquired whether Mr. David had met with Nitzan Arazi, one of the inventors .... Mr. David responded affirmatively, explaining that they had had dinner at a barbeque restaurant, to which Cisco's counsel inexplicably responded: "I bet not pork."

When the court asked Cisco’s counsel to explain the relevance of his comment, Cisco's counsel admitted that it had no relevance to any issue in the case.... Thereafter, Cisco's counsel apologized to the witness, and the court gave a curative instruction.

Although Cisco's counsel acknowledged that his pork comment was inappropriate, he nevertheless proceeded to make further remarks regarding religious practices. Cisco's counsel’s closing argument began:

Ladies and Gentlemen of the Jury, you are, in this case, truth-seekers.... You remember the most important trial in history, which we all read about as kids, in the Bible had that very question from the judge. What is truth?

Cisco's counsel was referring to the trial of Jesus, which was presided over by Pontius Pilate. This argument, when read in context with Cisco's counsel's comment regarding Mr. David and Mr. Arazi's religious heritage, impliedly aligns Cisco’s counsel’s religious preference with that of the jurors and employs an "us v. them" mentality – i.e., "we are Christian and they are Jewish."

American Lawyer yesterday reported on the decision.

Conservatives Urge Republicans In New Congress To Remember Social Issues

Freedom Federation announced today that leaders of 30 conservative groups have sent a letter (full text) to Republican leaders of the House and Senate in the 112th Congress urging them not to forget social issues as they pursue economic and national defense issues as well. The letter says in part:

 A stool with only one or two legs is unstable.... When considering America’s fiscal and national defense policies, which are critically important, we believe that social issues, including, but not limited to, the sanctity of human life and the preservation of marriage as the union of one man and one woman, are indispensible.

Sen. Grassley Releases Staff Memo On Tax Issues Involving Tele-Evangelists

Iowa Senator Chuck Grassley, ranking member of the Finance Committee, yesterday released a staff review of the activities of media-based ministries, focusing on the financial accountability of tax-exempt religious organizations. The 61-page Staff Memo sets out a number of recommendations and issues for further study. These include a recommendation that the IRS sponsor an Advisory Committee made up of representatives of churches and other organizations. The staff also suggested examination of possible changes in the tax code provisions on parsonage allowances, a filing requirement for new entities planning to claim church status, and possible changes in the church tax inquiry provisions of the Internal Revenue Code. The staff also identified other areas of concern that apply more broadly to qualification of non-profits for special tax treatment. These include issues of governance and self dealing; tax treatment of excess benefit transactions; tax treatment of so-called "love offerings"; and repeal or reform of the electioneering prohibition. The press release also contains links to correspondence and several other staff overviews of six tele-evangelists who have been the focus of investigation by Grassley. (See prior posting.)

In a related announcement yesterday, the Evangelical Council for Financial Accountability reports that, at Senator Grassley's request, it has formed an independent national commission to study accountability and policy issues affecting churches and religious organizations. [Thanks to Suzanne Sataline for the leads.]

Religious Makeup of 112th Congress Reported

Pew Forum this week published data on the religious composition of the 112th Congress which has just convened. The new Congress is 57% Protestant; 29% Catholic; 7% Jewish; 3% Mormon; 1% Orthodox; 0.6% Buddhist; and 0.4% Muslim. The Protestant denominations that claim the most Congressional members are the Baptists, Methodists, Presbyterians, Episcopalians and Lutherans.

Israel's High Court Allows Voluntary Sex-Segregated Buses

Haaretz and YNet News both report on a decision handed down yesterday by Israel's High Court of Justice that allows sex-segregated public buses that serve strictly Orthodox communities to continue on a voluntary basis.  The so-called "Mehadrin" (extra-Kosher) bus routes-- about 50 in all-- were created to satisfy strictly Orthodox Jews whose religious traditions require separation of men and women. However a lawsuit challenging the practice was filed by a group of women and the Israel Religious Action Center in 2007 after women who refused to sit in the back of buses complained about being harassed. (See prior posting.)

Israel's High Court essentially accepted recommendations of the Transportation Ministry that the routes continue, but that no woman can be coerced into complying with the voluntary sex segregation. In its opinion, however, the Court found mandatory sex-segregation illegal. Justice Elyakim Rubenstein, invoking analogies from U.S. law, wrote:

A public transportation operator, like any other person, does not have the right to order, request or tell women where they may sit simply because they are women. They must sit wherever they like. As I now read over these lines emphasizing this, I am astounded that there was even a need to write them in the year 2010. Have the days of Rosa Parks, the African-American woman who collapsed the racist segregation on an Alabama bus in 1955, returned?

The Court ordered the Transportation Ministry to place signs in all the Mehadrin buses stating that any passenger is free to sit anywhere, and that harassing a passenger on the issue may constitute a criminal offense. During a 30 day trial period, the Ministry must conduct both open and covert inspections to see that the plan is working and must create a complaint center to receive complaints from women who believe they have been treated improperly in this regard. A broader report titled Excluded, for God's Sake: Gender Segregation in Public Space in Israel was published last November by the Israel Religious Action Center.

Court Rejects Church's Objection To Historical Designation

In Roman Catholic Bishop of Springfield v. City of Springfield, 2011 U.S. Dist. LEXIS 345 (D MA, Jan. 4, 2011), a Massachusetts federal district court rejected a number of constitutional challenges as well as a challenge under RLUIPA to action declaring a closed Springfield, Massachusetts Catholic church to be a local historic district. The action subjects the church to oversight by the Historical Commission in altering physical aspects of the church building, possibly including religious iconography. The diocese argued that the process of deconsecrating the church might be impeded by this requirement. The court found that the only issue before it was whether the requirement to file an application before attempting to alter or demolish the building imposed unconstitutional or illegal conditions. The court found that it did not. If a plan is formulated and the Historical Commission rejects it, then, according to the court, further judicial consideration could be in order.

Iran Arrests Christian Missionaries

According to AFP, Iran's state news agency announced on Tuesday that a number of Christian missionaries have been arrested in Tehran province. Provincial governor Morteza Tamaddon has promised to detain more, saying:

Just like the Taliban... who have inserted themselves into Islam like a parasite, they have crafted a movement with Britain's backing in the name of Christianity. But their conspiracy was unveiled quickly and the first blows were delivered to them.

Elam reports the number initially arrested in early morning raids the day after Christmas was 25, but that eleven of those have been released. The remaining 14 are still in prison. Unconfirmed reports indicate additional arrests.

New Mexico's Attorney General Says Out-of-State Gay Marriages Are Valid In State

New Mexico's Attorney General, in Opinion No. 11-01 (Jan. 4, 2011), has ruled that same-sex marriages which are valid under the law of the state or country where the marriage was consummated are likewise valid in New Mexico. Attorney General Gary King reasoned that while the federal Defense of Marriage Act permits states to prohibit recognition of out-of-state same-sex marriages, New Mexico has not enacted a prohibition on their recognition. Therefore principles of comity codified in New Mexico law, that call for recognition of marriages validly performed elsewhere, control. Even though same-sex marriages cannot be performed in New Mexico, that is not enough to bring them within the exception to the comity principle that applies when a marriage is contrary to the state's public policy. Yesterday's Santa Fe New Mexican reports on the Opinion. [Thanks to Alliance Alert for the lead.]

Suit Challenges Zoning Refusal For Christian School

On Tuesday, a Christian school in Upper Arlington, Ohio filed suit in federal court claiming violations of RLUIPA, of the 1st and 14th Amendments and of Ohio's constitution.  The case stems from the city's rejection of the school's attempt to apply for zoning approval of a new site on which the school planned to consolidate its four separate campuses. The complaint (full text) in Tree of Life Christian Schools v. City of Upper Arlington, Ohio, (SD OH, filed 1/4/2011), argues that other similar or identical uses-- such as child day care centers and hotels-- are allowed by the city's zoning rules. In its press release announcing the filing of the lawsuit, Alliance Defense Fund said: "A city’s zoning code cannot give preferential treatment to non-religious institutions that function similarly to a Christian school...."

Delaware Diocese To File Modified Bankruptcy Reorganization Plan

The Wilmington (DE) News Journal yesterday reported that next week the Roman Catholic Diocese of Wilmington, Delaware, currently in bankruptcy court (see prior posting), will file a new reorganization plan that will offer higher settlements to some 150 clergy abuse victims who have sued.  The increased amounts are possible because under the new plan individual parishes and religious orders will contribute to the settlement pool. Further complications could arise, however, as on Tuesday a group of non-ordained church employees filed suit in bankruptcy court seeking to prevent $4.4 million of its pension funds from being included in the pool used to compensate abuse victims.

Alleged Assassin of Pakistani Governor Has Supporters

As previously reported, in Pakistan on Tuesday Salman Taseer, governor of Punjab province, was assassinated by one of his own security guards who was angered by Taseer's support for a pardon for Aasia Bibi, the Christian woman recently sentenced to death for blasphemy. While police charged the shooting suspect, Malik Mumtaz Hussain Qadri, with murder, terrorism and violence, Qadri also has supporters. AP reported yesterday on Qadri's first appearance in court:

A rowdy crowd slapped Malik Mumtaz Hussain Qadri on the back and kissed his cheek as he was escorted inside the court today. Lawyers not involved in his case tossed rose petals, while hundreds of sympathisers chanted slogans in his favour and one gave him a flower necklace.

According to a report from 660 News Radio,  a group of influential clerics and scholars from the anti-Taliban Barelvi sect praised Taseer's assassination. A statement from their organization, Jamaat Ahle Sunnat, said: "The supporter is as equally guilty as one who committed blasphemy," and warned that a lesson should have been learned from Taseer's "exemplary death."

Articles Suggest Religious Liberty Trends For Next Decade

Associated Baptist Press yesterday carried three interesting pieces projecting future trends in religious liberty and church-state matters.  In answers to questions about religious freedom trends for 2011 and for the next decade, George Washington University law professor Ira "Chip" Lupu focused on issues that included more-assertive atheism, gay rights and anti-Muslim cultural attitudes in Europe. A similar interview with church-state expert Melissa Rogers included items such as the growing number of individuals who claim no religious affiliation, the debate over conscience clauses issues in health care matters, and possible debates about Mormonism if Mitt Romney runs for president in 2012. Both experts had much more to say, so that a full read of their responses is worthwhile. Finally ABP carried an article by ABP managing editor Robert Marus setting out further analysis of some of the trends suggested by Lupu and Rogers.

Army's "Spiritual Fitness" Assessment Is Criticized As Church-State Violation

Over the last week or so, criticism of the U.S. Army's Comprehensive Soldier Fitness assessment program has been growing from supporters of church-state separation. According to an Army website:

Beginning at accession, each recruit will be confidentially assessed using the Global Assessment Tool, a survey that determines the psychological strength of the individual. Soldiers will be re-assessed throughout their career, helping them monitor and control personal growth. Based on the assessment, CSF will offer a menu of appropriate self-development opportunities to Soldiers.

The assessment includes questions on "spiritual fitness." According to a Dec. 29 letter from the Freedom from Religion Foundation to the Secretary of the Army questioning the constitutionality of the evaluation, soldiers are asked to indicate how they identify with statements such as "I am a spiritual person." FFRF says that soldiers scoring low on spiritual fitness are furnished training modules that contain explicit and implicit religious references. On Dec. 30, the Military Religious Freedom Foundation also sent a letter to the Pentagon arguing that the program violates the Establishment Clause and demanding that it be ended. Yesterday, Truthout ran a long article by reporter Jason Leopold critical of the program. A Jan. 3 post at God and Country blog defends the program, saying in part:

The "scandal" over the Army’s SFT would be a tempest in a teapot — if it was a tempest at all. Instead, its an imagined (or contrived) offense..... The Army is fighting an uphill battle in stemming suicides, and helping Soldiers understand the value of their own lives — their meaning, purpose, and connection — is a reasonable, noble, and secular effort to that end.

Milwaukee Catholic Archdiocese Files For Chapter 11 Bankruptcy Reorgainzation

The Milwaukee (WI) Archdiocese yesterday became the eighth Roman Catholic diocese in the United States to file for Chapter 11 bankruptcy reorganization. The New York Times reports that the filing comes after the collapse of negotiations last month between lawyers for 23 individuals who have sued or are threatening to sue for clergy sexual abuse. Also in November a state appellate court ruled that insurance companies are not bound to contribute to a settlement.  The Archdiocese has offered a settlement of $4.6 million [corrected], but victims insist that there also be a series of reforms including release of the names and personnel files of every priest accused of abuse. The Archdiocese says it has released the names of priests that have been found by independent review boards to have been "credibly accused." The Archdiocese has posted a web page that includes links to extensive information on the reorganization.

9th Circuit: Mt. Soledad Cross Violates Establishment Clause

In Jewish War Veterans v . City of San Diego, (9th Cir., Jan. 4, 2011), the U.S. 9th Circuit Court of Appeals held that the Mt. Soledad Memorial featuring a 43-foot high cross conveys a government message of endorsement of religion that violates the Establishment Clause. The land on which the Memorial sits is currently owned by the federal government which seized it by eminent domain in the midst of state constitutional challenges to the Memorial. (See prior posting.) The constitutionality of the Memorial has been the subject of litigation for the past 20 years. The court held that while Congress' purpose in acquiring the Memorial was primarily secular, the government's action violates the "effects" prong of the Lemon test. Here are some excerpts from the 50-page opinion:

For most of its life, the Memorial has consisted of the Cross alone. The Cross is the third in a line of Latin crosses that has stood on Mount Soledad since 1913..... There was no physical indication that the Cross was intended as a war memorial, however, until a plaque was added to the site in 1989, after litigation over the Cross had begun. At the same time, the Cross’s religious nature has been widely recognized and promoted since it was first erected.... The Cross’s importance as a religious symbol has been a rallying cry for many involved in the litigation surrounding the Memorial.... La Jolla—where the Memorial is located and serves as a prominent landmark—has a history of anti-Semitism that reinforces the Memorial’s sectarian effect....

The use of such a distinctively Christian symbol to honor all veterans sends a strong message of endorsement and exclusion. It suggests that the government is so connected to a particular religion that it treats that religion’s symbolism as its own, as universal. To many non-Christian veterans, this claim of universality is alienating...

In reaching its conclusion, however, the court added:

This result does not mean that the Memorial could not be modified to pass constitutional muster nor does it mean that no cross can be part of this veterans’ memorial. We take no position on those issues.

The Los Angeles Times reports on the decision.

Ugandan Court Enjoins Tabloid From Outing Gays

In Jacquelin v. Rolling Stone Ltd., (Uganda H.C., Dec. 30, 2010), a Ugandan trial court awarded monetary damages to three plaintiffs who were among those exposed by the tabloid Rolling Stone as gay. The paper (no connection to the US publication of the same name) called for gays they named to be hanged  because "they are after our kids." The court held that the tabloid had violated the plaintiffs' constitutionally protected right to privacy and their right to human dignity and protection from inhuman treatment. The court also issued an injunction restraining the tabloid from further publishing the names or identifying the homes of homosexuals. Human Rights First and AOL News report on the decision and the reactions of those on both sides of the controversy.  Rolling Stone editor Giles Muhame says he will defy the court order and publish more names this week end. He also says he plans to appeal the decision.

9th Circuit Issues Opinions on Standing, Recusal In Proposition 8 Challenge

Yesterday in Perry v. Schwarzenneger -- the challenge to the constitutionality of California's Proposition 8 that bars same-sex marriage-- the U.S. 9th Circuit Court of Appeals issued two opinions relating to standing of various intervenors. Judge Reinhardt filed a concurrence.  Rinehardt separately filed an opinion explaining his earlier decision to refuse to recuse himself in the case.

In the first per curiam opinion, the 9th Circuit found that that Imperial County, its Board of Supervisors and a Deputy Clerk all lacked standing to appeal the district court's order finding Proposition 8 unconstitutional.  In the second per curiam opinion, the 9th Circuit certified to the California Supreme Court the question of whether under California law "official proponents of an initiative measure possess either a particularized interest in the initiative’s validity or the authority to assert the State’s interest in the initiative’s validity, which would enable them to defend the constitutionality of the initiative upon its adoption or appeal a judgment invalidating the initiative, when the public officials charged with that duty refuse to do so."

Judge Reinhardt's concurrence attempted to explain why standing was a problem in the case, and expressed his frustration with the posture of the case. It said in part:

There can be little doubt that when the Plaintiffs filed this action their purpose was to establish that there was a constitutional right to gay marriage, and to do so by obtaining a decision of the Supreme Court to that effect. Yet ... the complaint they filed and the injunction they obtained determines only that Proposition 8 may not be enforced in two of California’s fifty-eight counties.... [I]t is clear that ... Plaintiffs could have obtained a statewide injunction had they filed an action against a broader set of defendants.... Why preeminent counsel and the major law firms of which they are a part failed to do that is a matter on which I will not speculate.

Next, the problem of standing would have been eliminated had the Governor or the Attorney General defended the initiative, as is ordinarily their obligation. Because they believed Proposition 8 to be unconstitutional, they did not do so here. Whether their decision not to defend the initiative was proper is a matter of some debate, although I sympathize with their view that in extraordinary circumstances they possess that right....

Imperial County, one of the counties that voted in favor of Proposition 8, sought to intervene, but for some unknown reason attempted to do so through a deputy clerk who asserted her own rights instead of through the Clerk.... Again, this was a most puzzling legal decision. While we have not ruled as to whether the Clerk would have had standing, we have held that a deputy clerk does not. There are forty-two counties that voted in favor of Proposition 8. Surely [proponents]... could have found a Clerk who would have presented the issue whether a Clerk rather than a deputy has standing.

Finally Judge Reinhardt filed a Memorandum explaining his earlier refusal to recuse himself. (See prior posting.) Reinhardt's wife is head of the Southern California chapter of the ACLU and in that role has been an outspoken opponent of Prop 8. Also the ACLU joined in two amicus briefs filed at the district court level in the case. Reinhardt said in part:

Proponents' contention that I should recuse myself due to my wife's opinions is based upon an outmoded conception of the relationship between spouses.... [H]er views regarding issues of public significance are her own, and cannot be imputed to me, no matter how prominently she expresses them....

The San Francisco Chronicle reports on the decisions.

5th Circuit: Late Filing of Religious Discrimination Claim Rejected

In Harris v. Boyd Tunica Inc., (5th Cir., Dec. 20, 2010), the U.S. 5th Circuit Court of Appeals refused to apply the doctrine of equitable tolling to permit a Title VII religious discrimination claim to be filed more than 90 days after plaintiff received a right to sue notice from the EEOC. The late filing was caused by a clerical error made by a paralegal employed by plaintiff's counsel. The paralegal skipped a month when counting the days and marking the lawyer's calendar to indicate when the filing was due. BNA's Corporate Counsel Weekly (subscription required) reports on the decision.

Governor of Pakistan's Punjab Assassinated Over His Support For Christian Woman Convicted of Blasphemy

The Washington Post reports that Salman Taseer, governor of Punjab, Pakistan's largest province, was assassinated today by one of his own security guards who was angered by Taseer's support for a pardon for Aasia Bibi, the Christian woman recently sentenced to death for blasphemy. (See prior posting.) Taseer, a close advisor to Pakistan's President Asif Ali Zadari, was killed by rifle fire at a shopping plaza near his home in Islamabad. Taseer had been a strong critic of religious extremists. The shooter surrendered to police after the killing.

Underlying Tensions Behind Egyptian Church Bombing Discussed

Spero News yesterday, analyzing the New Year's Eve bombing of the Coptic Church of the Saints in Alexandria, Egypt (see prior posting), says that some of the underlying tensions between Muslims and Christians in the country stem from a false story that has been circulating for four years regarding the supposed conversion of two women who were married to Coptic priests. According to the story, the two women had marital problems and converted to Islam in order to obtain a divorce (which traditionally is not permitted by the Coptic church), and are now being held against their will in monasteries. (See prior related posting.) Spero News says that while the women had marital problems, they never converted to Islam and were given refuge in monasteries out of fear of possible kidnapping by Islamists. The same story was cited by militants after the bombing of a Syrian Catholic Church in Iraq in November. (See prior posting.) Meanwhile, according To Ahram Online, the Shura Council, the upper house of Egypt's Parliament, spent Monday discussing the attack on the Church, with the parties split over whether blame for ignoring concerns of Copts, particularly regarding church construction, should be placed on the Mubarak government.

Proposed Legislation Will Permit Expansion of Shariah-Compliant Banking In Afghanistan

Bloomberg reported yesterday that Afghanistan's central bank is drafting legislation to present to Parliament in September to allow existing non-Islamic banks to convert into fully Shariah-compliant banks and provide for the licensing of new Islamic banks. If approved by Parliament, Da Afghanistan Bank plans to issue licenses for up to six Islamic banks by the end of 2012.  The new law will allow banks that now offer only limited Shariah-complaint products (such as loans and savings accounts) to expand to offer Shariah compliant debit cards and investments. The government also plans to sell its own Shariah-compliant bonds in the future.  Only about 10% of Afghanistan's population currently use banks.

Incoming New York Governor Is Asked To Restore Staffing of Kosher Law Enforcement

New York's incoming governor, Andrew Cuomo, is being lobbied  by Jewish leaders, some lawmakers and some businesses to restore cuts made in the Department of Agriculture and Markets budget. The cuts have eliminated all the staff and retain only the director of the Department's Division of Kosher Law Enforcement.  Yesterday's Wall Street Journal reports that the cuts in the Division made by outgoing Gov. David Patterson will save the state approximately $1 million per year.  Since 2004, New York's law has been a disclosure statute, requiring producers, processors, distributors and retailers to identify the person or organization that is certifying their food as kosher. Inspectors monitor grocery stores and restaurants to make certain that they are properly complying with the disclosure requirements.

In Egypt Christian Anger Grows After Church Bombing

An AP article in today's Washington Post reports that in Egypt, protests by Christians have spread from Alexandria to Cairo in the wake of the bombing on New Year's Eve of a Coptic church in Alexandria. Twenty-one people were killed. (See prior posting.) The bombing was the latest in a long series of anti-Christian incidents since 2008, including a drive-by shooting killing 6 Christians and a Muslim guard in January on Coptic Christmas eve. In 2009 the government disrupted the livelihood of a large number of Christian garbage collectors by ordering the destruction of a quarter million pigs to prevent swine flu. The garbage collectors raised the pigs to dispose of organic waste. Perpetrators of anti-Christian incidents have largely escaped punishment. Christians claim they are discriminated against in obtaining government and university jobs, as well as jobs in the private sector. An editorial titled J'accuse in the online version of the English language state-owned newspaper al-Ahram, warned against growing anti-Christian feelings among moderate Muslims and raised the spectre of Christians being driven out of Egypt.

Israeli Police Arrest Suspects In Two Separate Torah Theft Rings

Over the last two weeks, police in Israel have made arrests in what are apparently two separate criminal rings that have been stealing valuable Torah scrolls from synagogues in Israel.  On Dec. 23, Arutz Sheva reported that two men who are suspected of breaking into 17 synagogues in central and southern Israel and stealing a total of 30 Torahs were arrested.  Most of the thefts were from synagogues in moshavim (agricultural communities) where synagogues are more accessible during the daytime. According to the paper, the thieves "would remove the Torah parchments from the rollers they were wrapped upon, replace the rollers in the cases or cover them with the Torah mantles, and put them back in the Ark. The theft would therefore only become known when congregants were in the synagogue and about to read from the Torah."

YNet News reported yesterday that Israeli authorities have made arrests in another case involving the thefts of dozens of valuable Torah scrolls which were then refurbished and resold at discount prices on the haredi market. Arrested were a rabbi from the town of Elad who apparently masterminded the activities, along with three Arabs from whom he would "order" the Torah scrolls. Additional suspects who were thought to have been involved in refurbishing and reselling the scrolls were also arrested.

Recent Articles and Books of Interest

From SSRN:

• Yuksel Sezgin, How to Integrate Universal Human Rights into Customary and Religious Legal Systems?, (Journal of Legal Pluralism, Vol. 60, 2010).
• Yuksel Sezgin, The Israeli Millet System: Examining Legal Pluralism through Lenses of Nation-Building and Human Rights, (The Israel Law Review, Vol. 43, No. 3, 2010).
• Benjamin L. Berger, The Abiding Presence of Conscience: Criminal Justice Against the Law and the Modern Constitutional Imagination, (University of Toronto Law Journal, Vol. 61, No. 4, 2011).
• Quirine Eijkman, Has the Genie Been Let Out of the Bottle? Ethnic Profiling in the Netherlands, (Public Space: The Journal of Law and Social Justice, Vol. 5, pp. 27-48, 2010).

Other Articles:

• Mark L. Rienzi, An Abortion Exception to the First Amendment? Evaluating Recent Efforts to Regulate Speech About Pregnancy Options, Engage Volume 11, Issue 3, December 2010.

Recent Books:

• Frank S. Ravitch, Marketing Intelligent Design-- Law and the Creationist Agenda, (Cambridge Univ. Press, Oct. 2010).
• Timur Kuran, The Long Divergence-- How Islamic Law Held Back the Middle East, (Princeton University Press, Nov. 2010).
• Olivier Roy, Holy Ignorance: When Religion and Culture Part Ways, (Columbia Univ. Press, Dec. 2010).
• Jean Porter, Ministers of the Law: A Natural Law Theory of Legal Authority, (Eerdmans, Oct. 2010).

Nevada Supreme Court Dismisses Personhood Amendment Appeal As Moot

In Personhood Nevada v. Bristol, (NV Sup. Ct., Dec. 30, 2010), the Nevada Supreme Court dismissed as moot an appeal from a lower court ruling that held a proposed ballot initiative to be in violations of state law because it embraces more than one subject. (NRS 295.009). The proposed constitutional amendment read: "In the great state of Nevada, the term 'person' applies to every human being." The trial court also suggested that proponents' description of the effect of the amendment was improper. After the lower court opinion, proponents did not go ahead with collecting signatures on their initiative petition. The Supreme Court concluded that this made the case moot, even though proponents are planning to file a similar initiative petition in 2012.  It also made clear that because appellate review was precluded, the lower court ruling will have no preclusive effect in later litigation. The Las Vegas Sun reports on the decision. [Thanks to Pew Sitter for the lead.]

Congressional Hearings Planned On Radicalization of US Mosques

The Forward reported last week that New York Congressman Peter King, who will become chairman of the House Committee on Homeland Security when the new Congress convenes, is planning to hold hearings on claimed radicalization of mosques in the United States.  Ibrahim Hooper, spokesman for the Council on American-Islamic Relations, says the hearings promise to be a "show trial" that will "serve to marginalize American Muslims." King, once a supporter of the Irish Republican Army, cites some who contend that that extremists are in leadership positions in at least 80% of American mosques.

Egyptian Church Bombed; Pope Calls For Religious Freedom

Pope Benedict XVI's New Year's message focused on the need for religious freedom around the world, condemning both secularism and fundamentalism. (Zenit.)  Fox News reports that the pope's message was delivered shortly after a New Year's Eve bomb blast at a Coptic Christian church in Alexandria, Egypt killed at least 21.  BBC News reports that at least 70 others were injured in the blast which was condemned a few hours afterwards by Egyptian President Hosni Mubarak.  In a rare television broadcast, Mubarak said the attack was a "terrorist operation which carries, within itself, the hallmark of foreign hands which want to turn Egypt into another scene of terrorism like elsewhere in the region and the wider world." Hundreds of Copts clashed with police and local Muslims in reaction to the bombing. Today, President Obama issued a statement (full text) condemning the Alexandria bombing, as well as a terrorism attack on an army barracks in Nigeria.

Happy New Year 2011 To Religion Clause Readers!

Dear Religion Clause Readers:

Happy New Year! As we enter 2011, I want to again thank all of you who read Religion Clause-- both long time followers and those who have joined us more recently. And thanks to all of you who send me leads to new developments or who alert me to needed corrections or to your concerns about coverage of particular developments. These help me in my attempts to be complete and accurate. I read all of your e-mails and appreciate receiving them, even though I cannot always acknowledge them. Normally when I blog on a story sent to me by a reader, I mention the sender. If you do not want me to mention you, I will be happy to honor that request if you let me know when sending me information.

It has been a good year for Religion Clause blog. It was nominated by the American Bar Association as one of the top 100 legal blogs in 2010.  The site meter shows that the blog has attracted nearly 917,000 visits since I created it in 2005. Approximately 244,000 of these visits were registered in 2010-- a small increase over 2009. Accessing Religion Clause through its Twitter feed (@ReligionClause) appears to be increasingly popular.

Religion Clause's established format of neutrality, broad coverage and links to extensive primary source material has made it a widely-recognized authoritative source for keeping up on church-state and religious liberty developments around the world. I am pleased that my regular readers span the political and religious spectrum.  If you have any general comments or suggestions for Religion Clause's upcoming year, feel free to e-mail me at religionclause@gmail.com .

Best wishes for 2011!

Howard M. Friedman

Bowing To Pressure, Pakistan Government Says It Will Not Propose Change In Blasphemy Law

In the face of a call by Islamic political parties for a general strike today (see prior posting), Pakistan's Federal Minister for Labor and Religious Affairs told a press conference yesterday that the government would not amend Pakistan's blasphemy law.  Pakistan's Daily Times reports that Minister Syed Khursheed Ahmed Shah asked that the strike call be cancelled after giving assurances Wednesday on the floor of the National Assembly that no proposal regarding the blasphemy law was being presented. Nevertheless, according to Dawn, the strike was being observed today in major cities around the country, with religious leaders saying assurances that no repeal is planned need to come from the President or Prime Minister. (Dawn).  Because of the strike, no public transportation was available in Karachi, and major markets and business centers were closed in a number of other cities.  Reuters says the strike has more to do with politics than religion, as the ruling Pakistan People's Party works to keep its coalition from breaking up. Meanwhile, civil society organizations are protesting against the blasphemy law and the judicial structures that enforce it. Protesters in Islamabad yesterday demanded that the government stand up to religious forces and repeal the law. They also called for the immediate release of Aasia Bibi, the high profile Christian defendant who has been sentenced to death for blasphemy. (See prior posting.)

Lebanese Official Proposes Ban on Land Sales Between Christians and Mulsims

In Lebanon, Labor Minister Butros Harb, concerned about demographic changes being caused by the sale of Christian-owned land to Muslims, has proposed a new law that would prohibit Christians and Muslims from selling land to each other for a period of 15 years. Lebanon's Daily Star today reports that the proposal, which will be submitted to the Cabinet for discussion, will likely draw criticism. However proponents say it is necessary to reassure Christians and safeguard national co-existence in the face of large scale land sales which some say have political and military objectives.

Vatican Adopts Anti-Money Laundering and Other International Monetary Rules

The Vatican yesterday took several related steps to come into compliance with the anti-money laundering and anti-terrorism financing norms created by the intergovernmental Financial Action Task Force. The moves, which implement the 2009 Monetary Convention Between the Vatican City State and the European Union, were previewed by a USA Today article on Wednesday.  The Vatican's action comes as Italian courts refused to release funds of the Vatican Bank seized in September by Italian authorities in a money laundering investigation. (See prior posting.)  As summarized by a communique issued yesterday by the Vatican's Secretariat of State (full text), the Vatican adopted four new laws: (1) a law to prevent money laundering and financing of terrorism; (2) a law on fraud and counterfeiting; (3) a law on Euro banknotes; and (4) a law regarding Euro coins.

In a related action, Pope Benedict XVI yesterday issued an Apostolic Letter Motu Proprio (full text) decreeing that the new laws implementing the Monetary Convention are to apply to all entities related to the Vatican, which includes the Vatican Bank. [corrected- thanks Marc Puckett]. The Pope also set up a new agency, the Autorita di Informazione Finanziaria (AIF), to implement the new laws, and conferred jurisdiction on Vatican judicial bodies to to exercise penal jurisdiction over money laundering and terrorism financing offenses. The new laws take effect April 1, 2011.

A release from the Vatican Press Office commenting on the new laws says in part:

Today's publication of new laws for Vatican City State, for the dicasteries of the Roman Curia and for the Institutions and Entities dependent on the Holy See, is an important normative development, but also has far-reaching moral and pastoral significance.

As of today, all organisations associated with the government of the Catholic Church - and with the Church's "support": Vatican City State - have, in a spirit of sincere collaboration, become part of that system of juridical principles and instruments which the international community is creating with the aim of guaranteeing just and honest coexistence in an increasingly globalised world... 

New York Times Pans Architectural Developments In Mecca

The New York Times carries an article, appearing on the front page of its print edition today, that is highly critical of the architectural design of the many new projects being built in Saudi Arabia in the center of the holy city of Mecca. Here is a sampling of the criticism:

It is an architectural absurdity. Just south of the Grand Mosque in Mecca, the Muslim world’s holiest site, a kitsch rendition of London's Big Ben is nearing completion.... [I]t will be ...  the centerpiece of a complex that is housing a gargantuan shopping mall, an 800-room hotel and a prayer hall for several thousand people. Its muscular form, an unabashed knockoff of the original, blown up to a grotesque scale, will be decorated with Arabic inscriptions and topped by a crescent-shape spire in what feels like a cynical nod to Islam’s architectural past. To make room for it, the Saudi government bulldozed an 18th-century Ottoman fortress and the hill it stood on....

The city’s makeover ... reflects a split between those who champion turbocharged capitalism and those who think it should stop at the gates of Mecca, which they see as the embodiment of an Islamic ideal of egalitarianism.

The Saudi government says the new construction is needed to accommodate the growing number of Muslims who make the pilgrimage to Mecca.

Jail Chaplain Settles Her Lawsuit Against Sheriff and County

Tuesday's Brownsville (TX) Herald reports on the settlement of a federal lawsuit brought last year by volunteer jail chaplain Gail Hanson against Cameron County, Texas and Sheriff Omar Lucio after Lucio banned Hanson from the county's jails. Hanson says the ban was imposed because she criticized jail operations and the treatment of female inmates.  Lucio counters that Hanson created a security risk by becoming too emotionally involved with some of the inmates. Under the settlement agreement, Hanson will have to give notice to the county and give it a reasonable time to correct the situation before she speaks out in a public forum or to the media about any jail conditions of concern to her. She also agreed that she would report to law enforcement officials any conduct that she believes is a criminal offense, and agreed not to pass messages between inmates. In return she will be allowed back in the jails to provide counseling and religious services for inmates, and jail staff will be instructed to treat her with respect. The county will also pay $25,000 of legal fees incurred by Hanson.

AALS Law and Religion Section Publishes 2010 Bibliography

The Association of American Law Schools Section on Law and Religion has issued its December 2010 Newsletter which includes a 23-page bibliography of the year's books, articles and blogs on law and religion.

40% of Americans Believe In Creationism-- Down From Prior Polls

A Gallup poll released earlier this month shows that 40% of Americans believe in creationist theory. They said they agree with the statement: "God created human beings pretty much in their present form at one time in the last 10,000 years or so." This is the lowest percentage that believe this in the history of Gallup's asking this question.  In the poll just released, 38% of those surveyed instead chose the statement: "Human beings have developed over millions of years from less advanced forms of life, but God guided this process."  Finally 16% chose the response: "Human beings have developed over millions of years from less advanced forms of life, but God had no part in this process." The survey showed that those with less formal education were more likely to hold creationist views, as were Republicans and those who attend church weekly. [Thanks to Alliance Alert for the lead.]

Restaurant's Christmas Promotion Leads To Police Investigation In Maldives

Only Muslims may become citizens of the Maldives. However apparently some number of Christian expatriates live in the country. So the Jade Bistro cafe-- a restaurant that appeals to various nationalities-- was decorated for Christmas and offered a "festive" luncheon over the Christmas period. According to yesterday's Minivan News, this led Sheikh Hussein Rasheed, head of the Adhaalath Party, to file a complaint with the police who briefly arrested one person at the cafe to obtain more information. Sheikh Hussein says that it is unlawful to celebrate Christmas in the Maldives. Management of the Jade Bistro issued an apology, saying they had not intended to upset anyone. They were merely offering a traditional meal with friends for those who were away from home.

Indian Court Interprets Reach of Hindu Marriage Act

In India, the Delhi high court has issued a ruling clarifying the scope of the Hindu Marriage Act.  According to DNA, Justice Kailash Gambhir held that in order for the Act to be applicable to a divorce action, both husband and wife must have been Hindus at the time of the marriage. It is not enough that the marriage was solemnized in a Hindu ceremony if one of the spouses was of a different religion.

Group Challenges Sheriff's Donation of Jail Basketball Hoops To Churches

A letter sent Tuesday by Atheists of Florida is challenging as an Establishment Clause violation the decision of Polk County (FL) sheriff Grady Judd to remove basketball hoops, backboards and poles that are at the county jail and donate them to eight local churches. According to Fox News, Judd said it gave the wrong impression to people driving to see inmates playing basketball. Inmates will still have three hours a week recreation time, but will now be limited to activities such as jogging and push-ups. The Examiner reports that it is unclear whether secular charities were considered to receive the basketball equipment and why the equipment was not sold as surplus property.

5 Arrested Planning Terror Attack On Danish Paper That Published Muhammad Cartoons

Four men were arrested in Denmark and one in Sweden today, suspected of plotting an attack on the Danish newspaper Jyllands-Posten that in 2005 published the now-famous cartoons of the Prophet Muhammad. (See prior posting.) The New York Times reports that the four arrested in Denmark had entered the country from Sweden and were planning within a few days to break into the newspaper and kill as many people as possible.

New Controversy In Israel Over Government Subsidies For Religious Students

The New York Times reported yesterday on the growing debate within Israel over government subsidies for thousands of strictly Orthodox (haredi) students who study full time at religious seminaries.  Rabbi Chaim Amsellem, a member of the Knesset from the religious Shas Party, created a furor last month when urged that full-time state-financed religious study should be reserved for students who are particularly well qualified scholars and likely to become rabbis or religious court judges. He says the others should join the work force. In reaction his own party expelled him and attacks in a Shas newspaper describing him as "Amalek" led to his being assigned a bodyguard. A number of efforts are underway to bring haredim into the workforce. 56% of haredim currently live below the poverty line.

Atheist Will Deliver Invocation At City Council Session In Colorado

In 2008, Grand Junction City, Colorado city council adopted a resolution creating a more inclusive process for choosing those who may offer the invocation at council meetings. Any spiritual organization in the community may place its name in a lottery for selection. According to Denver Westward Blogs, for the first time in the city's history an atheist will deliver the invocation.  For the January 3 meeting, the Western Colorado Atheists and Freethinkers was chosen in the lottery and Joe Alaimo, representing the Church of Spiritual Humanism will open council's session. [Thanks to Scott Mange for the lead.]

DC Mayor's Inauguration Prayer Service Rejects Request for Participation By Humanist Practitioner

The schedule for the January 2 inauguration of Washington D.C.'s mayor-elect Vince Gray begins with an interfaith prayer service. According to a press release yesterday from the Secular Coalition for America (SCA), their request that a Humanist Celebrant be included as part of the service has been turned down on the ground that the prayer service is already set. SCA says that while the Mayor's transition team said they wished SCA had contacted them sooner, SCA made its request for participation within hours after the "One City ... Praying Together" event was publicly announced.

Britain's House of Commons Will Create Multi-Faith Chaplaincy

The Speaker of Britain's House of Commons is backing a proposal by the current Chaplain of the House of Commons to create a team of non-salaried multi-faith chaplains for Parliament's lower house.  Sunday's London Telegraph reported that the new chaplains will represent the Muslim, Hindu, Buddhist, Janist, Bah'ai and Zoroastrian faiths. They could take part in Parliamentary ceremonies, but constitutional reform will be required for a non-Anglican cleric to read the daily prayers.  Apparently their primary role will be a pastoral one for members of the House of Commons and their staffs.

Pakistan's Islamic Parties Call For New Year's Eve General Strike To Protest Blasphemy Repeal Efforts

Pakistan's Express Tribune today reports that a group of Islamic political parties in Pakistan have called for a general strike on December 31 to protest proposals to repeal the country's blasphemy laws.  The political parties also plan a mass demonstration in Karachi on January 9.

Religious Discrimination Suit On Behalf of Fired Santeria Employee Settled

According to today's Fayetteville (NC) Observer, the manufacturer GKN Dirveline North America has settled a religious discrimination lawsuit filed against it by the EEOC just a week before the suit was to go to trial. The company had been charged with failing to accommodate the religious beliefs of a Santeria employee who refused to submit a saliva sample for drug testing, but offered to undergo an alternative form of testing. Dismissed employee Dwayne Butler believes he can only provide saliva for a religious purpose. The company will pay $36,432 in damages, provide training on religious discrimination and post a notice concerning employee rights.