Cert. Filed In Challenge To San Francisco's Resolution Criticizing Catholic Church's Adoption Stance

A petition for certiorari (full text) was filed with the U.S. Supreme Court on Tuesday in Catholic League for Religious and Civil Rights v. City and County of San Francisco. The case involves an Establishment Clause challenge to a Board of Supervisors resolution criticizing Cardinal Levada for directing Catholic Charities to end adoption placement in same-sex households. A majority of the 9th Circuit, en banc, dismissed the case on standing grounds. (See prior posting.) The petition urges the court to adopt a new Establishment Clause test for government religious speech-- allowing broader scope for government religious speech that "is reasonably related to our nation's history and traditions" than for government speech that is not. Thomas Moore Law Center issued a release announcing the filing of the cert. petition.

French Leaders Plan Debate on Role of Islam in the Country

Reuters and France 24 report that France's governing UMP party plans to lead a debate beginning in April on the role Islam in light of France's tradition of secularism-- an issue that promises to be a major focus in France's 2012 election campaign. Last week French president Nicolas Sarkozy said that multiculturalism in France had failed. After a meeting with UMP legislators on Wednesday, the new initiative was announced.  Jean-Francois Cope, secretary-general of the UMP party, said that the upcoming debate would focus on items such as the financing and building of mosques, contents of Friday sermons and the education of imams. Muslim prayer gatherings in French streets outside of overcrowded mosques have caused particular concern. In December, right wing National Front leader Marie Le Pen compared the street prayers to Nazi occupation of France in World War II. Sarkozy wants his party to lead to debate on the role of Islam in order to keep the discussion under control.

Religious Leaders Object To Planned House Hearings On Radicalization of U.S. Muslims

Think Progress reported yesterday that over 80 leaders of Catholic, Protestant, Jewish, Muslim and Hindu congregations on Long Island have signed a letter (full text) to U.S. Rep. Peter King, chairman of the House Homeland Security Committee, asking him to cancel a planned congressional hearing into radicalization of the American Muslim community. The letter says in part:

Muslim-Americans have consistently denounced terrorism and worked closely with law enforcement to prevent violence. Building and maintaining trust with the Muslim community is crucial to furthering this cooperation, and we fear your hearings will only sow greater distrust and division at a time when unity and moral courage are needed.

Earlier this month, in a letter to the ranking Democrat on the committee who also raised objections to the planned hearing, King said: "I will not allow political correctness to obscure a real and dangerous threat to the safety and security of the citizens of the United States."

Hawaii Senate Passes and Sends To Governor Bill Authorizing Civil Unions

The Hawaii Senate on Wednesday by a vote of 18-5 passed and sent to the governor for his signature SB 232, a bill authorizing same-sex (as well as opposite-sex) civil unions in the state.  The Honolulu Star Advertiser reports that Gov. Neil Abercrombie has promised to sign the bill into law.  Last year, former governor Linda Lingle vetoed a similar bill. (See prior posting.) Under the bill, parties to a civil union have the same rights and responsibilities as a married couple. Any judge or member of the clergy may be licensed to solemnize a civil union, but no one is required to perform civil union ceremonies, nor may anyone be penalized for refusing to do so. Hawaii will be the seventh state to authorize civil unions, but not same-sex marriages. Also on Wednesday, the Hawaii Senate unanimously approved the governor's appointment of Circuit Judge Sabrina McKenna-- who is openly gay-- to the state Supreme Court.

California High Court Accepts Certified Question On Standing In Prop 8 Challenge

Last month 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 certified to the California Supreme Court the question of whether under California law "official proponents of an initiative measure" have, under state law, a sufficient interest to give them standing to defend the constitutionality of the initiative when the public officials refuse to do so. (See prior posting.) Yesterday, the California Supreme Court granted the certification request. AP reports that the Court may hear oral arguments as early as September.

New Poll Reveals American Attitudes Toward U.S. Muslim Community

Public Religion Research Institute yesterday announced the results of a poll (full results) of 1,015 adults completed last week seeking the views of Americans on the Muslim community in the U.S.  The poll reveals that 56% of Americans say that upcoming Congressional hearings on alleged extremism in the American Muslim community are a good idea. 72% say Congress should investigate religious extremism anywhere it exists, and not focus just on the Muslim community.  46% believe that American Muslims have not done enough to oppose extremism in their communities. 49% reject the idea that Muslims have been unfairly targeted by law enforcement.  62% believe Muslims are an important part of the American religious community. 22% believe that Muslims want to establish Shari'a law as the law of the land in the U.S. The poll also shows that there is a significant correlation between trust in Fox News and negative attitudes toward Muslims. Religion Dispatches reports on the poll.

9th Circuit Says Substantial Burden Under RLUIPA Can Be Imposed By Neutral Zoning Law

In International Church of  the Foursquare Gospel v. City of San Leandro, (9th Cir., Feb. 15, 2011), the U.S. 9th Circuit Court of Appeals reversed the district court and held that a city's zoning decision made under a neutral, generally applicable zoning law can impose a "substantial burden" on a church's exercise of religion under RLUIPA. Evidence from a realtor and a former city manager that no other suitable sites exist in the city to house the church presented a triable issue of fact as to the extent of the burden posed by the city's zoning denial. The court added:

In spite of the Church’s allegations about its core beliefs, the district court accepted the City's contention that the Church could continue to conduct three separate Sunday services or could acquire several smaller properties throughout the City and relocate some of its operations off site. The district court's flat rejection of the Church's characterization of its core beliefs runs counter to the Supreme Court's admonition that while a court can arbiter the sincerity of an individual’s religious beliefs, courts should not inquire into the truth or falsity of stated religious beliefs.

Finally the court held that the city's need to preserve property for industrial use is not automatically as a matter of law a compelling governmental interest. (See prior related posting.) Yesterday the San Francisco Chronicle reported on the decision.

2nd Circuit Upholds Dismissal of Street Preacher's Challenge To Noise Ordinance

In Costello v. City of Burlington, (2d Cir., Feb. 14, 2011), the U.S. 2nd Circuit Court of Appeals upheld, as applied, Burlington, Vermont's noise ordinance that was invoked by a police officer to issue a written warning to plaintiff, a street preacher, who was preaching in a loud voice outside places of business on a pedestrian mall.  In an opinion by Chief Judge Jacobs, most of which was concurred in by Judge Calabresi, the court concluded that the ordinance was a content neutral time, place and manner regulation in a public forum. Judge Pooler concurred only in the result, relying instead on the doctrine of qualified immunity to affirm dismissal of plaintiff's complaint. She believed that the case was closer on the merits since prior case law relied upon by the majority all dealt with amplified sound, not the loud unamplified speech that was present in this case. She pointed out that "street preaching ... has a long history in this country."

Many of Diocese's Claims Challenging Refusal To Allow Cemetery Development Are Dismissed

In Roman Catholic Diocese of Rockville Centre, New York v. Incorporated Village of Old Westbury, 2011 U.S. Dist. LEXIS 14268 (ED NY, Feb. 14, 2011), a New York federal district court dismissed many, but not all, of the claims growing out of a town's refusal to allow the Catholic Diocese to develop of a parcel of land as a cemetery. Constitutional claims and claims under RLUIPA against a private consulting firm involved with the village's decision were dismissed because the firm was not acting under color of law. A number of claims against the Village of Old Westbury were dismissed on statute of limitations grounds, but a challenge to the constitutionality of a 2001 zoning law survived under the continuing violation theory. Claims based on the State Environmental Quality Act process were dismissed as unripe. Official capacity, but not individual capacity, claims against the superintendent of buildings and public works alleging illegal searches were dismissed.

Criminal and Civil Charges Generated By Philadelphia Grand Jury Sex Abuse Report

In Philadelphia (PA) last week, a grand jury released a 128-page report (full text) on its investigation of sexual abuse by clergy and employees of the Catholic archdiocese of Philadelphia. According to an accompanying press release: "The report recommended that the Archdiocese of Philadelphia overhaul its procedures for assisting victims and for removing from ministry priests accused of molesting minors. The Grand Jury encouraged victims to report their abuse first to law enforcement." In a Presentment (full text) the grand jury recommended indictments be filed against three priests and a teacher, as well as against an archdiocese official. According to the Milwaukee Journal Sentinel a civil suit against the Archdiocese based on this grand jury report and an earlier one released in 2005 (full text) was filed on Monday.

Church Sues NY Port Authority Over Ground Zero Reconstruction Plans

According to CNN, a federal lawsuit was filed Monday in Manhattan against the Port Authority of New York and New Jersey by the Greek Orthodox Archdiocese of America and St. Nicholas Church.  The church, which was located at Ground Zero, was destroyed in the collapse of the Twin Towers on 9-11.  Apparently the parties agreed in 2008 that the Church would be rebuilt using public funds on adjacent property while construction moved ahead on a vehicle security center as part of the World Trade Center redevelopment.  The Port Authority says the church subsequently rejected an offer of $60 million for construction on the new site.  The Port Authority says that the church can still rebuild on its original site beginning in 2013 when the vehicle security center is completed. The church's lawsuit claims that the Port Authority is guilty of arrogance, bad faith and fraudulent conduct in the negotiations.

Church Sues Over Denial of Zoning Permit

A lawsuit was filed last week in a Georgia federal district court by a predominately African-American Christian church against Coweta County (GA) charging that the county's denial of a conditional use permit for the church to build a place of worship on property it purchased violated RLUIPA as well as various provisions of the 1st and 14th Amendments. The complaint (full text) in All Souls Church of God in Christ, Inc. v. Coweta County, Georgia, (ND GA, filed 2/11/2011) claims that applications by other religious and non-religious organizations that are predominately White have received more favorable treatment. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Egypt's Constitution Revision Panel Appointed; Impact On Religious Pluralism Is Uncertain

Egypt's military council yesterday selected an 8-member committee to quickly recommend revisions to the country's constitution. Chairman of the revision committee is Tareq el-Bishri, a former judge and prominent historian.  Other members are: Sobeh Saleh, a lawyer, former member of Parliament and a member of the Muslim Brotherhood; Maher Samy Youssef, a Coptic Christian judge; two other judges-- Hassan El Badrawi and Hatem Bagatou; and three law professors-- Mohamed Hassaneim Abdel Al, Mahmoud Atef El Bana and Mohamed Bahey Abou Younis.  News reports place very different interpretations on the panel's likely approach to issues of religious pluralism in Egypt. The New York Times has a rather upbeat report, calling the selections "the first significant evidence of the military's commitment to moving the country toward democratic rule." It continued:

The committee will be led by Tareq el-Bishri, a prominent former judge known for maintaining his independence of the Mubarak government. He was once thought to be left leaning but is considered be sympathetic to moderate Islamism, legal analysts said, making him a bridge figure between the main Egyptian political factions.

In contrast, London's Telegraph ran a report saying:

Tarek al-Bishry, the chairman of the constitutional panel, is a respected judge who criticised former president Hosni Mubarak and is regarded as moderate in his views. But he has been associated with Al-Wasat, an offshoot of the Brotherhood. He has selected a committee made up mainly of judges and politicians, including a judge who is a Coptic Christian, but also a former Muslim Brotherhood MP. There are no women.

Wael Abbas, the best-known human rights blogger in Egypt, who was sentenced to prison by the Mubarak regime last year, said it was a "worrying" choice. "There is no such thing as a moderate Islamist," he said. "We want a secular state that respects all religions and which belongs to all religions." ...

[T]he make-up of the new committee, and the fact it has been given just ten days to come up with a new constitution, has dashed hopes that it will remove Article 2, which makes Islam the state religion and says Shariah is the main source of law.

Christian Coalition Blocking Sunday Liquor Sales Bill In Georgia

Today's Atlanta Journal Constitution reports that religious conservatives are increasing pressure on Republicans in the state Senate to kill a bill that would allow local referenda to authorize the sale of alcoholic beverages at retail stores on Sundays. In the past, defeat of similar proposals were blamed on former Republican governor Sonny Perdue, a Christian conservative who said he would veto any Sunday liquor sale bill. New Republican governor Nathan Deal said he would sign the bill.  A Senate committee has approved the bill, but then members of the Georgia Christian Coalition began to lobby and send e-mails and letters to Republican senators. Now it is not clear that the bill has majority support in the Republican caucus. If it does not, it will not be brought to the floor.

Egypt's Muslim Brotherhood Planning Non-Religious Islam-Based Party, But No Presidential Candidate

London's Financial Times today reports that in Egypt, the Muslim Brotherhood has announced that if legal restrictions against it are lifted it will set up a political party, but will not run a candidate for president. A leader of the Brotherhood says that the proposed party will have Islam as a frame of reference, but will not be a religious party. Deputy Leader Rashad Bayoumi says:

We do not have the concept of a religious party, or of a government of religious scholars [like in Iran].  All this is very far from Islam. We say that when we differ over anything we should refer to the Koran. But if matters stray away from the principles of mercy, freedom and social justice, then this would be against religion.

The Egyptian constitution was amended in 2007 to ban political parties based on religion. (See prior posting.) The Supreme Military Council which is temporarily governing in Egypt promises to propose amendments to the constitution before elections are held. It has appointed a former member of Parliament with ties to the Muslim Brotherhood as one of the members of the committee that is drafting the proposed constitutional changes.

UPDATE: Today's Wall Street Journal carries an analysis titled 'Brothers' In Egypt Present Two Faces, reporting that while the younger, more tolerant wing of the Brotherhood were those involved in the recent protests, the conservative "old guard" that is anti-Western and more radically Islamic continues to make up the bulk of the Brotherhood leadership.  Here is an excerpt:

A different face of the Brotherhood is that of Mohamed Badi, 66-year-old veterinarian from the Brotherhood's conservative wing who has been the group's Supreme Guide since last January. He recently pledged the Brotherhood would "continue to raise the banner of jihad" against the Jews, which he called the group's "first and foremost enemies." He has railed against American imperialism, and calls for the establishment of an Islamic state.

Party Complains That Ukraine Government Is Favoring Moscow Patriarchate Over Kiev

Interfax today reports that in Ukraine, the opposition Our Ukraine Party has written President Viktor Yanukovich and Prime Minister Nikolay Azarov complaining about pressure by law enforcement personnel on Orthodox clergy to transfer their allegiance from the Kiev Patriarchate to the Moscow Patriarchate.  The opposition party complained that authorities are also favoring the Moscow Patriarchate through budget earmarks.

Michigan Bill Would Increase Penalties For Disturbing Religious Services

The Livingston County (MI) Daily Press and Argus reports on passage by the Michigan state Senate last week of Senate Bill 19 which would increase the penalties for interrupting or disturbing services at any building that is clearly identified as one used for religious purposes. It also bans obstructing anyone entering or leaving a building used for religious purposes.  The bill was sent on to the state House of Representatives for consideration. The Michigan ACLU is concerned that the bill does not define a religious disruption and fears it could be applied, for example, to someone wearing an offensive button in church. The bill calls for imprisonment of up to 93 days, a $1000 fine and 100 hours of community service work for a first offense.

Ohio Supreme Court: Church Can Get Separate Tax Exemption For Sports Fields

Ohio law provides for property tax exemptions both for houses of worship (RC 5709.07(A)(2)) and for property used for charitable purposes (RC 5709.12(B)). An Akron, Ohio church acquired 79.8 acres on which it built a church building and also softball and soccer fields and a jogging path which it viewed as part of its sports ministry.  The recreational portions of the property were used by various community groups and members of the general public who were not necessarily church members. In The Chapel v. Testa, (OH Sup. Ct., Feb. 10, 2011), the Ohio Supreme Court held that the property could be split so that the church building obtained the house of worship exemption and the recreational portions obtained the charitable exemption.  Neither church ownership nor religious motivation prevent relying on the charitable use exemption, even though that portion of the property would not have qualified for the house of worship exemption. BNA Daily Report for Executives discusses the decision.

Valentine's Day Stirs Religious Objections In Parts of the World

Today is Valentine's Day. But Voice of America reports that in parts of the world religious objections to celebrating the day continue. In southern India, members of a Hindu political party burned Valentine's Day cards,  decrying cultural exploitation and sexual greetings on cards. Saudi Arabia and Malaysia have banned celebration of the day, calling it a vice.  However Arab News reports that while in Saudi Arabia the Commission for the Promotion of Virtue and Prevention of Vice has told stores to remove items that are red, Saudi couples are finding other ways to celebrate-- having dinner in popular restaurants and exchanging gifts of jewelry, perfume and chocolates. Dubai permits celebration of the day, but this year has banned the sale of alcohol because of the proximity to tomorrow's celebration of the Prophet Muhammad's birthday. Meanwhile in Iraq, according to AFP, young people are holding a Valentine's Day rally to urge their leaders to love the country instead of robbing it of its resources.

Boehner Believes Obama Is A Christian But "Not My Job To Tell the American People What To Think"

Republican House Speaker John Boehner was a guest on NBC's Meet the Press yesterday. (Full transcript.) His interview included an exchange regarding the perceptions of some Americans regarding President Barack Obama's religious beliefs. Host David Gregory played a tape of an Iowa focus group of voters during which one woman said she believes that Obama is a Muslim.  This exchange between Gregory and Boehner followed:

MR. GREGORY: As the speaker of the House, as a leader, do you not think it's your responsibility to stand up to that kind of ignorance?

SPEAKER BOEHNER: David, it's not my job to tell the American people what to think. Our job in Washington is to listen to the American people. Having said that, the state of Hawaii has said that he was born there. That's good enough for me. The president says he's a Christian. I accept him at his word.

MR. GREGORY: But isn't that a little bit fast and loose? I mean, you are the leader in Congress and you're not standing up to obvious facts and saying, "These are facts. If you don't believe that, it's nonsense."

SPEAKER BOEHNER: I just outlined the facts as I understand them. I believe that the president is a citizen. I believe the president is a Christian. I'll take him at his word. But, but...

MR. GREGORY: But that kind of ignorance about whether he's a Muslim doesn't concern you?

SPEAKER BOEHNER: Listen, the American people have the right to think what they want to think. I can't--it's not my job to tell them.

MR. GREGORY: Why isn't it your job to stand up and say, "No, the facts are these"? ...

SPEAKER BOEHNER: I, I, I just did.... 

MR. GREGORY: You shouldn't stand up to misinformation or stereotypes?

SPEAKER BOEHNER: ...but, but, but, but, but I've made clear what I believe the facts are.

MR. GREGORY: But is, is it, is it because it weakens the president politically, it seeks to delegitimize him that you sort of want to let it stay out there?

SPEAKER BOEHNER: No. What I'm trying to do is to do my job. Our job is to focus on spending. We're spending too much money here in Washington....

Proposed New Tax Law In India Will Impact Religious Trusts

The Times of India on Saturday reported that a group of religious trusts held a news conference to oppose certain provisions in the proposed Direct Tax Code pending in India's Parliament.  Under the proposal, trusts or institutions created for the benefit of a particular caste or community would no longer qualify as non-profit organizations.  The bill would subject them to a 30% income tax and to a wealth tax of 1% on their assets over a specified minimum.  This will affect schools, orphanages, homes for the destitute and trusts that manage temples and other religious organizations.

Recent Articles of Interest

From SSRN:

• Robert Steinbuch and Brett Tolman, That Ain't Kosher, (University of Arkansas at Little Rock Law Review, Vol. 33, No. 1, 2010).
• Evelyn Tenenbaum and Sarah E. Ricks, Protecting Freedom of Religion in Prison: The Free Exercise Clause and RLUIPA, (Current Issues in Constitutional Litigations: A Context and Practice Casebook, p. 615, Michael Hunter Schwartz, ed., Carolina Academic Press, 2011).
• Zachary R. Calo, Review of First Be Reconciled: Challenging Christians in the Courts by Richard P. Church, (The Cresset: A Review of Literature, the Arts, and Public Affairs, Vol. 74, p. 58, 2010).
• Issam A.W. Mohamed, The Impacts of Social Justice and Wealth Distribution in Sudan (In Arabic),(February 5, 2011).
• Aziz Z. Huq, The Signaling Function of Religious Speech in Domestic Counterterrorism, (Texas Law Review, Forthcoming).
• Adam J. Kolber, Alternative Burdens on Freedom of Conscience, (San Diego Law Review, Vol. 47, 2010).
• Trudy Rushforth, Religious Exercise in Prison - A Guide for Prison Officials, (February 12, 2011).
• Youngjae Lee, Deontology, Political Morality, and the State, (Ohio State Journal of Criminal Law, Vol. 8, 2011).
• Nancy M. Modesitt, Reinventing the EEOC, (Southern Methodist University Law Review, Vol. 63, No. 4, p. 1237, 2010).

From SmartCILP:

• Robert H. Knight, How the Concept of "Sexual Orientation" Threatens Religious Liberty, 4 Liberty University Law Review 503-536 (2010).
• Ran Kuttner, From Adversity to Relationality: A Buddhist-Oriented Relational View of Integrative Negotiation and Mediation, [Abstract], 25 Ohio State Journal on Dispute Resolution 931-974 (2010).
• Rena M. Lindevaldsen, The Fallacy of Neutrality From Beginning to End: The Battle Between Religious Liberties and Rights Based on Homosexual Conduct, 4 Liberty University Law Review 425-463 (2010).

Recent Prisoner Free Exercise Cases

In Orso v. Shumate, 2011 U.S. Dist. LEXIS 10706 (D LA, Feb. 3, 2011), a Louisiana federal district court held that a Native American inmate adequately alleged a substantial burden on his religious beliefs in being prevented from attending a Pow Wow and performing a mourning ceremony. However the claim for injunctive relief was dismissed as moot and damage claims were dismissed on other grounds. Equal protection claims were also rejected. The magistrate's recommendations in the case are at 2010 U.S. Dist. LEXIS 140978 (Oct. 13, 2010).

In Harris v. Skolnik, 2011 U.S. Dist. LEXIS 10777 (D NV, Jan. 25, 2011), a Nevada federal district court dismissed several claims challenging a prison's policy of requiring verification from the Aleph Institute that an inmate is Jewish before the inmate will be provided with a kosher diet. However the court allowed plaintiff to proceed with his claim that the policy amounts to religious discriminations under the Equal Protection clause because it only applies to Jewish inmates.

In Kendrick v. Faust, 2011 U.S. Dist. LEXIS 10091 (ED AR, Feb. 1, 2011), an Arkansas federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 10690, Jan. 18, 2011) and dismissed without prejudice for lack of exhaustion of administrative remedies an inmate's complaint that her Catholic Bible was confiscated. The court dismissed on the merits plaintiff's complaint that her rosary beads and religious self-help books were confiscated while she was in punitive segregation.

In Hall v. Taylor, 2011 U.S. Dist. LEXIS 11006 (SD IL, Feb. 5, 2011), an Illinois federal district court rejected an inmate's claim that his free exercise rights were violated when, during a shake down search of his cell, a religious book was confiscated.

In Muhammad v. Johnson, 2011 U.S. Dist. LEXIS 11651 (WD VA, Feb. 4, 2011), a Virginia federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 11240, Jan. 13, 2011) and refused to issue a preliminary injunction. Plaintiff had complained that prison authorities refused to allow him to attend Nation of Islam services and receive The Final Call newspaper.

In Cooper v. Horning, 2011 U.S. Dist. LEXIS 11921 (D MD, Feb. 8, 2011), a Maryland federal district court rejected an inmate's complaint that there is no chaplain at his correctional institution for Islamic and Moorish Science Temple of America inmates.

In Hooper v. Juneau County Jail, 2011 U.S. Dist. LEXIS 12299 (WD WI, Feb. 7, 2011), a Wisconsin federal district court dismissed for lack of specificity an inmates broad claim that he was deprived of his religious preference.

In Tucker v. Royce, 2011 U.S. Dist. LEXIS 12680 (D MS, Feb. 8, 2011), a Mississippi federal district court upheld a prison's policy of barring sex offenders in protective custody from attending Sunday church services in the jail library because the library is not equipped to separate inmates into groups.

In Davenport v. Artus, 2011 U.S. Dist. LEXIS 12497 (ND NY, Feb. 9, 2011), a New York federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 12505, Jan. 10, 2011) and dismissed an inmate's complaint that he was not permitted to attend a religious festival and receive the religious feast that night for his evening meal (the identity of the specific festival is unclear).

In Canada v. Ray, 2011 U.S. Dist. LEXIS 12927 (WD VA, Feb. 9, 2011), a Virginia federal district court rejected a Muslim inmate's claim that requiring him to undergo tuberculosis testing violates his free exercise rights. Plaintiff claimed the injection contains alcohol, but defendants refuted that claim indicating that instead it contains phenol.

In McFaul v. Valenzuela, 2011 U.S. Dist. LEXIS 13108 (ND TX, Feb.10, 2011), a Texas federal district court adopted a magistrate's recommendations (2010 U.S. Dist. LEXIS 141209, Sept. 14, 2010) and dismissed a claim by a Neo-Pagan inmate that his constitutional and statutory free exercise rights were violated when authorities refused to permit him to obtain a bone skull necklace and two pendants.

Gymnastics Competition Refuses Full Religious Accommodation for 7 Year Old

North Jersey's The Record today reports on the issues faced by a 7-year old Jewish gymnast when New Jersey gymnastic competition officials refused to accommodate her Sabbath observance. Amalya Knapp, a second grader at Yeshiva of North Jersey was, for religious reasons, unable to compete in the Saturday afternoon events.  She will compete in four events today, but her scores will not count toward any individual titles or rankings for her. If her scores are high enough they will be added to her team's overall score and could help the team win. Leslie King, a spokeswoman for USA Gymnastics nationally, said that events are scheduled at the most convenient times for athletes. She explained: "We certainly understand how these conflicts can affect an athlete's participation and do our best to provide alternate opportunities, when possible." [Thanks to Joel Katz (Relig. & State In Israel) for the lead.]

6th Circuit En Banc Finds Teachers Have Municipal Taxpayer Standing In Establishment Clause Suit

In Smith v. Jefferson County Board of School Commissioners, (6th Cir., Feb. 11, 2011), the U.S. 6th Circuit Court of Appeals, en banc, in an 11-4 opinion, held that two plaintiff school teachers have standing as municipal taxpayers to bring an Establishment Clause challenge to the closing of the a Tennessee school district's alternative school and its outsourcing the services instead to a Christian private school. Most of the court's opinion focused on the more liberal standing requirements that courts have found for municipal taxpayers, as opposed to state and federal taxpayers. The majority rejected the argument that because the school district saved money by the outsourcing that taxpayers could not complain. The court also found that the individual teachers who lost their jobs because of the outsourcing did not have standing because in that capacity they were raising Establishment Clause claims of their students which the students could raise on their own.  The court unanimously agreed on this aspect of the standing question, as they did that plaintiffs' substantive and procedural due process challenges should be dismissed. Fourteen of the judges agreed that defendants enjoyed legislative immunity as to the individual capacity claims against them. The case produced two concurring opinions and two partial dissents in addition to the main opinion.

Judge Sutton's concurring opinion questioned the validity of having more liberal standing requirements for municipal taxpayers, but concluded that any modification in the doctrine needed to come from the Supreme Court.  He argued:

If a state taxpayer ... is not "immediately in danger of sustaining some direct injury as a result" of enforcement of an allegedly unconstitutional law and "merely . . . suffers in some indefinite way in common with people generally,"...why isn't the same true for a meaningful number of city taxpayers? The gross population of the largest 37 cities (41.7 million) after all is roughly the same as the gross population of the 23 smallest States.

The 3-judge panel's decision in the case, handed down in November 2008, had held 2-1 that plaintiffs had individual standing as well as municipal taxpayer standing. (See prior posting.)

9th Circuit Hears Oral Arguments In Establishment Clause Challenge To Teacher's Comments

The U.S. 9th Circuit Court of appeals yesterday heard oral arguments (recording of full arguments) in in C.F. v. Capistrano Unified High School. In the case, the district court found that an in-class comment by high school history teacher James Corbett which characterized creationism as "superstitious nonsense" violated the Establishment Clause. However the trial court refused to find similarly as to a number of other comments. (See prior posting.)  As to the one violation, the trial court denied plaintiff any relief finding the teacher was entitled to qualified immunity as to damages and finding that injunctive and declaratory relief were inappropriate. (See prior posting.) Both sides appealed. (See prior posting.) Yesterday's Orange County Register reports on the variety of questions asked by the 3-judge panel during oral arguments.

Court Says Synagogue Needs Zoning Variance To Operate A Yeshiva

In Congregation Anshei Roosevelt v. Planning and Zoning Board of the Borough of Roosevelt, (NJ App., Feb. 9, 2011), the New Jersey Superior Court Appellate Division upheld a town's planning and zoning board decision to require a synagogue to apply for a variance in order to operate a yeshiva (school) in its building. The synagogue was operating as a pre-existing non-conforming use. The court found that the yeshiva was more than a mere accessory use of the building. The use of the property became "distinctly different."

Tennessee Bill Would Bar Local Protection Against Sexual Orientation Discrimination in Employment

On Monday, state representative Glen Casada introduced HB 331 in the Tennessee legislature. The bill would bar localities from enacting employment discrimination ordinances that go further than state law.  Titled the Equal Access to Local Government Contracts and Services Act, the law would effectively preclude cities from barring discrimination on the basis of sexual orientation. Nashville's City Paper reports that the bill is directed at a proposal in Nashville that would bar sexual orientation discrimination by companies that do business with the Metro Nashville government.

USCIRF Urged To Support Iranian Baha'is

CNN reports that on Wednesday, a group of American Baha'is met with the U.S. Commission on International Religious Freedom to urge that the U.S. keep up pressure on the Iranian government over persecution of Baha'is in Iran. Baha'is have long been persecuted in Iran.  One of those testifying before USCIRF, Iraj Kamalabadi, told the story of his sister who was convicted and imprisoned on trumped-up espionage charges.

Hawaii House Will Continue Prayers, Despite Senate's Opposite Move

Last month, responding to a complaint by the ACLU, the Hawaii state Senate voted to end the practice of opening its sessions with prayer. (See prior posting.) The state House of Representatives, however, will not follow the Senate's lead. AP reports that on Wednesday the Hawaii House adopted new rules that provide for prayer to precede the formal opening of each House session. Prayers can continue to mention God or a deity, but they may not disparage any religion. [Thanks to Alliance Alert for the lead.]

Swedish Ombudsman Sues UPS For Refusing To Accommodate Muslim Employee's Wearing of Beard

The Local reported yesterday that Sweden's Equality Ombudsman has filed a lawsuit against United Parcel Service charging the company with discrimination for discharging a Muslim employee who insisted on wearing a beard. UPS refused to make an exception for religious beliefs. The suit, brought in Sweden's Labor Court, seeks 150,0000 kroner ($24,000 US) in damages plus additional amounts for lost wages.

Muslim Brotherhood Leader Outlines Its Goals In Egypt

In today's New York Times, Essam El-Errian, a member of the guidance council of Egypt's Muslim Brotherhood, has published an op-ed outlining the goals of the Muslim Brotherhood. He says in  part:

We aim to achieve reform and rights for all: not just for the Muslim Brotherhood, not just for Muslims, but for all Egyptians. We do not intend to take a dominant role in the forthcoming political transition. We are not putting forward a candidate for the presidential elections scheduled for September....

[W]e disagree with the claims that the only options in Egypt are a purely secular, liberal democracy or an authoritarian theocracy. Secular liberal democracy of the American and European variety, with its firm rejection of religion in public life, is not the exclusive model for a legitimate democracy.

In Egypt, religion continues to be an important part of our culture and heritage. Moving forward, we envision the establishment of a democratic, civil state that draws on universal measures of freedom and justice, which are central Islamic values. We embrace democracy not as a foreign concept that must be reconciled with tradition, but as a set of principles and objectives that are inherently compatible with and reinforce Islamic tenets.

Pakistani Court Issues Arrest Warrant for Former Religious Affairs Minister Over Haj Scam

In Pakistan, a judicial magistrate's court in Islamabad today issued an arrest warrant for former religious affairs minister Hamid Saeed Kazmi. Zee News reports that the order was requested by the Federal Investigation Agency that is looking into charges that Kazmi took kickbacks and commissions in arranging accommodations for Haj pilgrims last year.  Some of the accommodations were located far from the Haj site.  Saudi authorities initially discovered the fraud and notified the Pakistan's Chief Justice. (See prior posting.) The Saudis have paid compensation to 25,000 Pakistani pilgrims.

Quebec's National Assembly Approves Ban On Kirpans In Parliament Building

In Canada, Quebec's National Assembly yesterday unanimously approved a motion supporting security officials' decision last month (see prior posting) to deny entry to Parlilament Building to a group of Sikhs who were wearing their kirpans (ceremonial daggers). Four members of the World Sikh Organization who had been scheduled to testify on a Bill 94 relating to accommodation of religious practices were denied entry when metal detectors revealed their kirpans. CTV Montreal reports that yesterday's National Assembly vote was influenced by memories of 1984 shootings in the National Assembly that killed three people. The World Sikh Organization says the issue is not security, but rather the place of tolerance and multiculturalism in Quebec. Parti Québécois member Louise Beaudoin responded: "Multiculturalism may be a Canadian value, but it's not a Quebec one."

Pagan Group Continues Battle For Tax Exemption For Property

Today's New York Times reports on the long legal battle in which a pagan religious group in the Catskill Mountains is seeking a tax exemption for its Phrygianum (religious convent). At issue is a former inn (Central House) that was the fictional home of Rip Van Winkle. It has been turned into the global headquarters and convent house for Maetreum of Cybele, Magna Mater. The group's leader describes the group as goddess oriented and gay and lesbian friendly. She says: "We're witchy. We're set up for communal living for priestesses." The tax dispute is not over whether the group is religious, but over whether the use of the house is directly connected to its religious purpose. The town argues that its use is primarily residential and only secondarily religious.

Title VII Claim By Seventh Day Adventist Against Police Department Rejected

In Morgan v. City and County of Denver, 2011 U.S. Dist. LEXIS 11918 (D CO, Feb. 7, 2011), a Colorado federal district court approved a magistrate's recommendations (2010 U.S. Dist. LEXIS 141090, Dec. 29, 2010) and dismissed a Title VII religious discrimination claim brought by a Seventh Day Adventist against the Denver Police Department Records Bureau. Plaintiff was terminated for refusing to work on Saturdays. The court concluded that plaintiff's employer had offered him reasonable accommodation-- trading shifts with a co-worker and voting for Saturdays off based on his seniority. He was also offered the opportunity to look for a comparable position in another agency that would not require Saturday work.  Plaintiff sought a permanent exemption from Saturday work. The court also rejected plaintiff's retaliation claim.

Suit Against Air Force Academy Prayer Luncheon Is Dismissed

Making oral findings of fact and conclusions of law, a Colorado federal district court yesterday dismissed a suit that sought to enjoin a National Prayer Luncheon at the U.S. Air Force Academy scheduled for Feb. 10. The suit claimed that the luncheon violates the Establishment Clause.  (See prior posting.)  The court, according to AP, concluded that the named plaintiffs, associate professor of economics David Mullin and the Military Religious Freedom Foundation, had not demonstrated that they faced a real and imminent prospect of retribution. A written order in, Mullin v. Gould, (D CO, Feb. 9, 2011) incorporated the oral findings by reference. After the decision was handed down, chaplain Dwayne Peoples told reporters that he would emphasize at the Luncheon that the sponsor is Community Center Chapel, not the Academy.

1st Circuit: Puerto Rico's Controlled Access Law As Applied Unreasonably Burdens Jehovah's Witnesses

In Watchtower Bible and Tract Society of New York, Inc. v. Segardia de Jesus, (1st Cir., Feb. 7, 2011), the U.S. 1st Circuit Court of Appeals dismissed a facial challenge brought by the Jehovah's Witnesses to Puerto Rico's Controlled Access Law, but vacated the trial court's order denying injunctive and declaratory relief on an "as applied" challenge to the law. (See prior posting.)  The challenged statute -- a crime control measure-- authorizes municipalities to grant permits to neighborhood homeowners' associations (urbanizations) so they can control vehicular and pedestrian access to the neighborhood.  The Jehovah's Witnesses say this has prevented them from entering neighborhoods to engage in religious proselytizing. The Court of Appeals said:

Nothing in the statute endorses the principal inhibitions of which appellants complain. The statute says nothing of unmanned locked gates or buzzers controlled solely by residents, nor does it empower guards to deny access unless a resident approves....  [T]he regime as administered does bear unreasonably on Jehovah's Witnesses' access to public streets....

 [T]he case before us is novel and difficult. But Puerto Rico's crime problems are unusually serious and its legislature's solution, albeit an experiment, was democratically adopted and is far from irrational. A court's task is to assure breathing room for legitimate communicative activity. Although we reject the facial challenge to the statute, the precedents on access to public places require fine tuning of the statute's local administration and, for that, further proceedings are required.

On remand the district court needs to take prompt action to bring the municipalities and urbanizations into compliance with this decision. In the case of urbanizations that already provide regularly manned guard gates, they must provide entry to Jehovah's Witnesses who disclose their purpose and identity .... 

Where an urbanization currently provides access only through a locked gate or a buzzer operated solely by residents, adjustment may take longer. Those prepared to provide guards during daylight hours need a brief period to hire and to train them. And any urbanization that seeks to justify more limited access arrangements ... or an exemption because of small size needs a chance to propose and defend such a request.

[Thanks to Alliance Alert for the lead.]

Israeli Civil Court Grants Damages To Wife Whose Husband Refused To Grant Her A Religious Divorce

The Jerusalem Post reported last week that, for the first time, an appellate court in Israel has ruled that a Jewish woman who has been refused a religious divorce (get) by her husband may recover damages in civil court. The decision by the Tel Aviv district court was handed down in a case brought by a woman whose husband has refused for 16 years to give her a religious divorce document.  The woman married the man when she was 24 years old and sought a divorce three months after their marriage. The district court affirmed a family court's award of damages totaling NIS 700,000 ($191,500 US).  Unless appealed to the Supreme Court, the district court's decision is binding on all family courts in Israel.

Court Dismisses Establishment Clause Challenge To Grant for Bald Knob Cross

In Sherman v. State of Illinois, (CD IL, Feb. 8, 2011), an Illinois federal district court adopted a magistrate's report and recommendations (see prior posting) and dismissed a suit by activist Robert Sherman that challenged on Establishment Clause grounds a $20,000 state renovation grant for Bald Knob Cross. The 11-story tall Cross is a landmark in southern Illinois. The magistrate had concluded that plaintiff lacks standing under the Flast case because the renovation grant was not the result of a specific legislative appropriation. Instead it was a grant made by the executive branch. The court also agreed with the magistrate that plaintiff's claim became moot once the state had disbursed the grant money. Yesterday the Chicago Tribune reported on the court's action.

Obama Resubmits Nomination for International Religious Freedom Ambassador

Last June, President Obama nominated Dr. Suzan D. Johnson Cook as Ambassador-at-Large for International Religious Freedom (See prior posting.) The Senate Foreign Relations Committee held hearings on her nomination (see prior posting), but the full Senate never voted on it.  On Monday the White House announced that President Obama has resubmitted her nomination to the Senate now that the 112th Congress has begun its session. As reported by the Christian Post yesterday, religious freedom activists have been pressing Obama to quickly fill the position, saying that not doing so sends the wrong message to foreign governments.

India's Relations With Tibetan Lama Have Become Tense

Today's New York Times carries a front-page article on the government of India's complicated  relations with Ogyen Trinley Dorje, the third ranking lama of Tibetan Buddhism. Known as the 17th Karmapa, Ogyen Trinley Dorje arrived in India in 2000 at the age of 14, recounting a daring escape from Tibet. Indian intelligence sources and many members of the public have been suspicious of him however, fearing he is being used by China with whom Indian relations have become more tense. Currently confined to a mountain side Gyuoto monastery near Dharamsala, the 17th Karmapa is attempting to claim the Rumtek Monastery built by his predecessor near the Indian border in Sikkim.  However two rivals for the title of the 17th Karmapa are also claiming the site. Given the uncertainty of his legal claims, Ogyen Trinley Dorje is also attempting to purchase other land for a new monastery. However now Indian police are investigating after nearly $1 million in foreign currency, including $166,000 in Chinese currency, was found at the Karmapa's residence. His lawyers say the money represents offerings from followers who have made pilgrimages over the years. They say it is being stored in a dormitory room shared by monks because the Karmapa is awaiting action on an application filed with the government several years ago to permit him to accept foreign currency. For the past week, thousands of monks have been holding candlelight vigils to support the Karmapa.

ACLU Settles With Some of the Parties In Suit Challenging Minnesota Charter School

The ACLU of Minnesota has reached a settlement agreement with Islamic Relief USA and Minnesota's commissioner of education in a long-running lawsuit accusing a charter school, TiZA, of violating the establishment clause by promoting Islam. (See prior posting.) The Minneapolis Star Tribune yesterday reported that the settlement involves Islamic Relief paying the ACLU $267,500, and the state increasing its screening of charter schools to assure that they do not promote religion. Islamic Relief has also agreed that it will not reincorporate in Minnesota, a step that would be needed under new Minnesota provisions if it were to continue to serve as TiZA's authorizer.  Islamic Relief has also obtained the cooperation of two witnesses who will testify if the suit continues against TiZA (Tarek Ibn Ziyad Academy) itself. The parties to the settlement have compiled a list of undisputed facts in the case, and the ACLU is asking the court to unseal underlying documents supporting those facts. A motion for confirmation of the settlement agreements was filed in federal district court on Jan. 31 indicating that settlement with the state is conditioned on the agreement and its attachments being made public.

TV and Web Coverage Approved for Closing Arguments In BC Polygamy Law Challenge

In Canada, for 8 weeks the British Columbia Supreme Court has been hearing testimony in a case challenging the constitutionality of the province's ban on polygamy. The Vancouver Sun reported yesterday that now a judge has approved the use of television cameras and Webcams to cover the two weeks of closing arguments in the case that are scheduled to start on March 28. (See prior related posting.)

Israeli Police Issue Arrest Warrant For Rabbi Who Supported Book Justifying Killing of Non-Jews

Haaretz reports today that an arrest warrant has been issued by Israeli authorities against Rabbi Dov Lior, head rabbi of Kiryat Arba, after Lior endorsed an inflammatory book written in late 2009 in which the authors argued that Jewish law justifies killing of non-Jews. (Background.)  The book, Torat Hamelech, written by two West Bank rabbis, Yitzhak Shapira and Yosef Elitzur, sparked a criminal investigation.  Lior says he will not appear for police questioning, accusing police of attempting to silence rabbis. Lior and Rabbi Yaakov Yosef, who also supported the book, issued a letter arguing that the Torah is not subject to police investigations. Two thousand demonstrators showed up to support Lior today.

RLUIPA Challenge To Zoning Denial For Christian Drug Treatment Center Is Filed

In Vestal, New York, a lawsuit was filed by Candlehouse Teen Challenge over the town's refusal to make zoning changes that would permit creation of a Christian-based rehabilitation center for recovering female drug addicts. The Binghamton (NY) Press Connects reported yesterday that the suit filed in state court alleges violations of the Religious Land Use and Institutionalized Person Act, as well as violations of the Fair Housing Act and the Americans With Disabilities Act. It seeks $300,000 in damages and a change in the Vestal zoning code which currently prohibits 5 or more people who do not operate as a traditional family from living together in areas zoned R-1.

Indonesian Mob Burns 2 Christian Churches Protesting Light Blasphemy Sentence

In the Indonesian town of Temanggung in Central Java yesterday, a Muslim mob set two churches on fire in protest of what they saw as too light a sentence being imposed on a Christian man for blasphemy.  AFP reports that violence broke out after a court sentenced Antonius Bawengan to five years in prison for distributing leaflets insulting to Islam.  Some 1500 protesters who threw stones at police shouted that Bawengan should be sentenced to death or turned over to the public.  This violence comes two days after a mob killed three members of the Ahmadiyah sect in a move to prevent them from holding worship services. (See prior posting.) Pressure is growing for the Indonesian government to take action against religious extremism.

Canadian Court Refuses To Permit Religious Use of Marijuana

In Canada today, an Ontario trial court judge rejected a constitutional challenge by two members of the Church of the Universe to Canada's marijuana laws.  The Toronto Star reports that two church members who had been charged with trafficking in marijuana and hashish claimed that cannabis is sacred to their religion and that Canada's Controlled Substances Law infringes their freedom of religion as protected by the Charter of Rights and Freedoms. Responding to arguments made by Rev. Brother Peter Styrsky and Rev. Brother Shahrooz Kharaghani, the court rejected carving out an exception for religious use of marijuana. The court wrote in part: "It is difficult, if not impossible for an outsider to identify the religious user and religious use because religious use is barely distinguishable from recreational use."

Indonesian Mob Kills At Least 3 Ahmadiyas In Bid To Stop Their Worship

In Indonesia yesterday, a thousand Muslims surrounded a house in West Java, attempting to prevent the Ahmadiya movement from holding worship services.  According to AFP, police say that three members of the Ahmadiya were killed and four seriously injured.  The state-run Antara news agency said that six people were killed. A government decree issued in 2008 bans the Ahmadiya from proselytizing. (See prior posting.) Orthodox Muslims believe that Muhammad was the final prophet, while Ahmadiya believes that its founder, Mirza Ghulam Ahmad, was the final Muslim prophet. This opens Ahmadiyas to charges of heresy and blasphemy which are punishable by five years in prison in Indonesia, despite the constitution's protection of freedom of religion.

Recent Articles of Interest

From SSRN:

US Law and Policy:

• Richard E. Redding, Without a Prayer?: Spirituality and Performance in Law School – A Reply to Professor Taylor, (California Western Law Review, Vol. 47, 2011).
• Micah Schwartzman, Conscience, Speech, and Money, (Virginia Law Review, April 2011).
• Jeffrey R. Baker, Trifling Violence: The U.S. Supreme Court, Domestic Violence and the Golden Rule, (February 4, 2011).
• Zachary R. Calo, Review of Church, State and Original Intent by Donald Drakeman, (Journal of the American Academy of Religion, Vol. 78, p. 827, 2010).
• Ali Khan, A Portfolio Theory of Foreign Affairs: U.S. Relations with the Muslim World, (Transnational Law and Contemporary Problems, Vol. 19, No. 3, 2011).

Non-US Law and Policy:

• Olubayo Oluduro, The Role of Religious Leaders in Curbing the Spread of HIV/AIDS in Nigeria, (Potchefstroom Electronic Law Journal, Vol. 13, No. 3, 2010).
• Sylvie Bacquet, Religious Freedom in a Secular Society: An Analysis of the French Approach to Manifestation of Beliefs in the Public Sphere, (January 17, 2011).
• Zachary R. Calo, Pluralism, Secularism and the European Court of Human Rights, (Journal of Law and Religion, Vol. 26, p. 101, 2010).

Religion and Human Rights:

• Werner Menski, Fuzzy Law and the Boundaries of Secularism, (Potchefstroom Electronic Law Journal, Vol. 13, No. 3, 2010).
• Steven Lubet, The Oberlin Fugitive Slave Rescue: A Victory for the Higher Law, (North and South, Vol. 13, 2011).
• Zachary R. Calo, Religion, Human Rights and Post-Secular Legal Theory, (St. John's Law Review, Forthcoming).
• Zachary R. Calo, Human Rights and Healthy Secularity, (Journal of Catholic Social Thought, Vol. 7, No. 2, 2010).
• Zachary R. Calo, Empirical Desert and the Moral Economy of Punishment, (Arizona State Law Journal, Forthcoming).

Religion and Economics:

• Lael Daniel Weinberger, The Business Judgment Rule and Sphere Sovereignty, (Thomas M. Cooley Law Review, Vol. 27, No. 2, 2010).
• Michael J.T. McMillen, Trends in Islamic Project and Infrastructure Finance in the Middle East: Re-Emergence of the Murabaha, (February 1, 2011).

From SmartCILP:

• Keith S. Blair, Better Disabled than Devout? Why Title VII Has Failed to Provide Adequate Accommodations Against Workplace Religious Discrimination, 63 Arkansas Law Review 515-556 (2010).
• Nina J. Crimm, Might Houses of Worship Enable Currently Uninsured, Economically Disadvantaged Individuals to Obtain Affordable Health Care Insurance? [Abstract], 25 Journal of Civil Rights and Economic Development 69-79 (2010).
• Daniel Dalton, The Religious Land Use and Institutionalized Persons Act--Recent Developments, 42 Urban Lawyer 561-580 (2010).
• Pamela Harris, Pleasant Grove v. Summum and the Establishment Clause: Giving with One Hand, Taking with the Other? [Abstract], 46 Willamette Law Review 677-690 (2010).
• David R. Loy, A Different "Enlightened" Jurisprudence?, 54 St. Louis University Law Journal 1239-1256 (2010).
  

Adventists Protest Scheduled Saturday Elections In Nigeria

Nigeria's presidential election is scheduled for Saturday, April 9.  However, according to today's Nigerian Compass, the Seventh Day Adventist Church is threatening to sue if the date is not moved to a week day since the Saturday timing will disenfranchise its members. The Church has said that some 12 million Nigerians will not be able to vote if the Saturday date is retained.

Top French Constitutional Court Rejects Challenge To Ban on Same-Sex Marriage

In Mme Corinne C. et autre, (Conseil Const., Jan. 28, 2011) [in French], France's Constitutional Council held that provisions in French law barring same-sex marriage violate neither Constitutional equal protection principles,  nor the protected right to lead a normal family life. C-Fam summarized the ruling as follows:

The Council ruled last Friday that because of the difference of situations between same-sex and heterosexual couples, the difference in treatment in family laws is justified and not in violation of the principle of equality. As for the right to a normal family life, the court found that the pacte civil de solidarité, a form of civil union that accords a plethora of legal, fiscal, and official benefits, is sufficient for a "normal family life."

C-Fam also reported that France's Socialist Party plans to call for a vote in Parliament on same-sex marriage this summer and that activists may appeal this decision to the European Court of Human Rights. [Thanks to Alliance Alert for the lead.]

Recent Prisoner Free Exercise Cases

In Ofeldt v. McDaniel, 2011 U.S. Dist. LEXIS 8661 (D NV, Jan. 19, 2011), a Nevada federal district court rejected an inmate's claim that his 1st Amendment and RLUIPA rights because the prison chapel has no Asatru materials and he is not allowed to order materials from outside.

In Washington v. Adams, 2011 U.S. Dist. LEXIS 8875 (ED CA, Jan. 21, 2011), a California federal magistrate judge dismissed with leave to amend an inmate's suit seeking to add his religious name to his commitment name.

In Cain v. Michigan Department of Corrections, 2011 U.S. Dist. LEXIS 9393 (WD MI, Feb. 1, 2011), a Michigan federal district court approved recommendations of a magistrate judge that were filed almost three years earlier (2008 U.S. Dist. LEXIS 119146, March 31, 2008), in a lengthy opinion rejecting complaints of an inmate who was a member of the Shetaut Neterian (ancient African) religion about inadequacies in meals served to him in various Michigan prisons in light of his religious dietary needs.  In adopting the magistrate's recommendations, the court modified the report "to incorporate circuit court holdings regarding suits under the RLUIPA contained in opinions published after the report was issued."

In Cryer v. Massachusetts Department of Corrections, 2011 U.S. Dist. LEXIS 1632 (D MA, Jan. 7, 2011), a Massachusetts federal district court reconsidered an order issued in November 2010 and permitted a Native American inmate to proceed with his 1st Amendment and RLUIPA claims to the extent they are limited to seeking use of tobacco during the once-monthly smudging ceremony. The magistrate's report in the case is at Cryer v. Clarke, 2010 U.S. Dist. LEXIS 140843 (Aug. 26, 2010).

In Guzman v. Marshall, 2011 U.S. Dist. LEXIS 9214 (CD CA, Jan. 31, 2011), in a decision dealing primarily with other claims, a California federal district court held that in a habeas corpus proceeding by an inmate challenging his denial of parole, it could not consider plaintiff's Establishment Clause claim that he was required to participate in a religious based AA class because the court is limited to considering procedural complaints about the parole process.

In Love v. New Jersey Department of Corrections, 2011 U.S. Dist. LEXIS 10102 (D NJ, Jan. 31, 2011), a New Jersey federal district court dismissed most of the equal protection and free exercise claims brought by plaintiff, who had filed numerous previous lawsuits. Plaintiff complained about a long series of practices while he was in segregated confinement and after he was released into the general prison population, relating to access to Jewish worship services, Passover observance and access to his tallit and to tefillin. The court dismissed all but three narrow claims presented by plaintiff.

In Halloum v. Ryan, 2011 U.S. Dist. LEXIS 10490 (D AZ, Jan. 27, 2011), an Arizona federal district court permitted a Muslim inmate to proceed with claims that he was denied a religious shaving waiver; defendant refused to distribute a copy of the Qur'an to him; authorities failed to accommodate his fasting during Ramadan, prohibited Muslim inmates from holding communal prayer and failed to provide Muslim inmates sufficient food because of their religious practices.

Pope Speaks Out On Church-State Relations In Europe

On Thursday, Pope Benedict XVI spoke of church-state relations in Europe in receiving the new Austrian Ambassador to the Vatican. Here are some excerpts from the Pope's remarks (full text):

In many European countries, the relationship between the state and religion is facing a particular tension. On one hand, the political authorities take care not to grant public places to religions, understanding them as merely individual ideas of faith of the citizens. Sought, on the other hand, is the application of criteria of a secular public opinion to religious communities. It seems that they would like to adapt the Gospel to the culture and yet, they seek to impede, in an almost shameful way, that the culture be molded by the religious dimension.

Obama Names New Members of Faith Based Advisory Council

Yesterday President Obama announced his intent to appoint twelve individuals to President’s Advisory Council on Faith-Based and Neighborhood Partnerships. Apparently this groups replaces 15 members whose one-year terms are expiring. (See prior posting.) The new chair of the Advisory Council is Susan K. Stern, Special Advisor on Government Affairs to the American Jewish Joint Distribution Committee. Other members and their affiliations are: Leith Anderson (National Association of Evangelicals); Andrea Bazán (Triangle Community Foundation); Angela Glover (Policy Link); Brian Gallagher (United Way International); Bishop Mark Hanson (Evangelical Lutheran Church in America); Lynne Hybels (Advocate for Global Engagement at the Willow Creek Community Church); Most Rev. Dr. Katharine Jefferts Schori (Presiding Bishop of the Episcopal Church); Rabbi Julie Schonfeld (Rabbinical Assembly); Archbishop Demetrios Trakatellis (Greek Orthodox Church of America); Sister Marlene Weisenbeck (Franciscan Sisters of Perpetual Adoration); and Reverend Elder Nancy L. Wilson (Moderator for the Universal Fellowship of Metropolitan Community Churches).

School Board Changes Prayer Policy-- Uses Disclaimer

Last month, the Freedom from Religion Foundation wrote the Polk County, Florida school board threatening to sue if board members continued to open Board meetings with a prayer.  Today's Winter Haven (FL) News Chief reports that the school board, after consulting its attorney, has responded by moving the prayer to precede the official start of the meeting and adding this disclaimer to its agendas:

Voluntary invocation may be offered before the opening of the School Board meeting by a private citizen. The views or beliefs expressed in the invocation have not been reviewed nor approved by the School Board, and the Board is not allowed, by law, to endorse the religious beliefs or views of this, or any other speaker.

Break-Away Anglican Diocese Not Entitled To Episcopal Diocese Property

The Episcopal Diocese of Pittsburgh that retains affiliation with the Episcopal Church USA has won its claim to property of the Diocese following the 2008 vote by the Diocesan Convention to withdraw from the Episcopal Church and affiliate with the Anglican Province of the Southern Cone. In Calvary Episcopal Church v. Duncan, (PA Commn. Ct., Feb. 2, 2011), a Pennsylvania appellate court held that a settlement signed by the two sides before the withdrawal should be read to award the diocese property to the organization that retains affiliation with the Episcopal Church USA. The court also rejected other procedural challenges to the trial court's award of the property to the Episcopal Diocese. Yesterday's Pittsburgh Post-Gazette reports on the decision and on additional background. Ownership of property of individual parishes remains to be negotiated by the parties. (See prior related posting.)

Wilmington, Delaware Diocese Settles In Bankruptcy With Sex Abuse Claimants

A press release on Wednesday announced that the Catholic Diocese of Wilmington, Delaware has agreed to a settlement in bankruptcy court with 146 child sex abuse victims and other unsecured creditors. (See prior related posting.)  The Diocese will pay $77.4 million into a trust for sex abuse claimants. Additional claims will be pursued against three religious orders.  Plaintiffs' attorneys say they expect to recover another $80 million there.  The New York Times reports that the main disagreement has been over plaintiffs' insistence that internal Church documents on how the abuse complaints were handled be released on the Internet. The parties finally agreed that an arbitrator will decide on redactions that will be permitted before the documents are released. The Diocese will also have priests sign a statement every five years stating that they are not aware of undisclosed abuse of minors. Additionally plaques in schools will say that abuse will not be tolerated.

Groups Condemn Congressman's Criticism of Muslim Colleague

Leaders of three national religious groups on Wednesday wrote Florida U.S. House of Representatives member Allen West calling on him to apologize for saying, on a television interview show, that Minnesota U.S. House of Representatives member Kieth Ellison, a Muslim, is the "antithesis of the principles on which this country was established." Yesterday's Florida Independent, carries excerpts from the letter sent by the heads of the Interfaith Alliance, the Rabbinical Assembly, the Religion Action Center for Reform Judaism and the Baptist Joint Committee. They told West that his comments display "a frightening lack of understanding" of the values of Islam. West immediately responded by letter, saying: "My comments in regards to my colleague, Representative Keith Ellison, are not about his Islamic faith, but about his continued support of CAIR," an organization which West claims supports the radical jihadist movement.

Pakistani Student Charged With Blasphemy For Remarks on Exam Paper

Yet another blasphemy arrest in Pakistan is drawing international criticism.  Human Rights Watch this week urged the Pakistani government to drop blasphemy charges and release from detention a 17-year old student who was charged with blasphemy for remarks he included last April on his school exam paper.  Muhammad Samiullah was sent to a juvenile prison last week pending trial after a complaint was filed by the chief controller of the intermediate level education board. Police will not disclose exactly what was written on the exam paper, saying that doing so would itself amount to blasphemy.

Court In India Rejects Religion-State Challenge To State Financing of Shariah Compliant Finance Company

In India, the Kerala High Court has rejected a constitutional challenge to involvement by a state-created agency in setting up a Shariah-compliant non-bank finance company.  Qatar's Peninsula today reports that Janata Party president Subramanian Swamy sued claiming that the state was unconstitutionally promoting religion when the Kerala State Industrial Development Commission purchased 11% of the equity in Al Barakh Financial Services Ltd.  The court dismissed Swamy's petition. Sec. 26 of India's Constitution bars appropriating tax funds to promote religion.

Poll Surveys Americans' Attitudes Toward Influence of Religion In U.S.

Gallup this week released the results of a January poll asking adults in the U.S. about their views on the influence of religion in the nation.  29% believed religion should have more influence and an identical 29% believed it should have less influence.  39% believe religion should keep its influence as it is now.  The same poll found that 58% of those surveyed were satisfied with the influence of organized religion in America today, while 36% were dissatisfied.

Obama Speaks of His Personal Christian Faith At National Prayer Breakfast

President Obama today spoke at the National Prayer Breakfast in Washington, focusing on his personal Christian beliefs. (Full text of remarks.)  Last August, a national poll indicated that many Americans mistakenly believe that Obama is Muslim. (See prior posting.)  Here are some excerpts from the president's speech (which contained lighter, more humorous moments as well):

This may come as a surprise, for as some of you know, I did not come from a particularly religious family. My father, who I barely knew - I only met once for a month in my entire life - was said to be a non-believer throughout his life.

My mother, whose parents were Baptist and Methodist, grew up with a certain skepticism about organized religion, and she usually only took me to church on Easter and Christmas - sometimes. And yet my mother was also one of the most spiritual people that I ever knew....

And it’s because of her that I came to understand the equal worth of all men and all women, and the imperatives of an ethical life and the necessity to act on your beliefs.... [M]y earliest inspirations for a life of service ended up being the faith leaders of the civil rights movement.

There was, of course, Martin Luther King and the Baptist leaders.... But there were also Catholic leaders like Father Theodore Heshburg, and Jewish leaders like Rabbi Abraham Joshua Heschel, Muslim leaders and Hindu leaders. Their call to fix what was broken in our world, a call rooted in faith, is what led me just a few years out of college to sign up as a community organizer for a group of churches on the Southside of Chicago. And it was through that experience working with pastors and laypeople trying to heal the wounds of hurting neighborhoods that I came to know Jesus Christ for myself and embrace Him as my lord and savior....

When I wake in the morning, I wait on the Lord, and I ask Him to give me the strength to do right by our country and its people. And when I go to bed at night I wait on the Lord, and I ask Him to forgive me my sins, and look after my family and the American people, and make me an instrument of His will.

The Washington Post reported Obama's remarks as well as those of astronaut Mark Kelly, husband of the wounded Rep. Gabrielle Giffords. Kelly spoke briefly at the Prayer Breakfast and offered the closing prayer.

6th Circuit: Judge's 10 Commandments Poster Violates Establishment Clause

In ACLU of Ohio Foundation, Inc. v. DeWeese, (6th Cir., Feb. 2, 2011), the U.S. 6th Circuit Court of Appeals held that a Ten Commandments display posted in a courtroom by a state common pleas court judge violates the Establishment Clause.  At issue were two posters hung by Judge James DeWeese-- one setting out the Bill of Rights and the other which compares the "Moral Absolutes" of the Ten Commandments with ten parallel principles of "Moral Relatives: Humanist Principles." Finding first that plaintiff has standing, the court held that any purported secular purpose put forward by defendant was a sham. The court, analyzing the poster's contents, also concluded that the poster:

sets forth overt religious messages and religious endorsements. It is a display of the Ten Commandments editorialized by Defendant, a judge in an Ohio state court, exhorting a return to "moral absolutes" which Defendant himself defines as the principles of the "God of the Bible." The poster is an explicit endorsement of religion by Defendant in contravention of the Establishment Clause.

Finally the court concluded that Judge DeWeese had no free expression defense since the posters are government speech, not private judicial speech. The Christian Post reports on the decision.

Judgment On Russian Jewish Library Threatens Loans of Paintings To U.S. Museums

As previously reported, last year the D.C. federal district court entered a default judgment against the Russian Federation ordering it to return two collections of valuable religious books and manuscripts to Agudas Chasidei Chabad. Russia refused to participate in the proceedings claiming that U.S. courts lack authority to enter orders with respect to property in Russia owned by the Russian government. (See prior posting.) Yesterday the New York Times reported that last year's default judgment against Russia is leading to cancellation of promised loans of art from Russian museums to those in the U.S. for several upcoming art shows.  Russian cultural officials are telling Russian state-owned museums that they risk their artwork being seized in the U.S. to enforce the court order regarding Chabad's book collections. U.S. authorities are trying to convince the Russians that U.S. law (22 USC Sec. 2249) grants immunity from judicial process for artwork on loan from foreign countries.

Debate In Kyrgyzstan On Prayer Time For Parliament Members and State Employees

Eurasianet yesterday reported on a debate in Kyrgyzstan on the issue of separation of state and religion.  At the end of last year, several members of Parliament suggested that an extended break be provided on Fridays for members of Parliament as well as other state employees to pray. Some also suggested setting up a prayer room in the Parliament building. Opponents however say that the proposal undermines the concept of secularism guaranteed by Kyrgyzstan's constitution. The head of the Bishkek Women's Center, a citizens' rights group, complains that members of Parliament "are mainly concerned with using public money to create places for their own personal salvation."

Faith Healing Parents Get 10 Years Probation For Involuntary Manslaughter

In Philadelphia (PA), according to an AP report yesterday, Herbert and Catherine Schaible who were convicted last year of involuntary manslaughter in the death of their 2-year old son from pneumonia were sentenced to ten years probation. During that time, the parents, who have been described as pillars of their community, must seek routine and emergency medical care for their seven children.  The couple, members of the First Century Gospel Church, believe that seeking medical treatment evidences a lack of faith in God.  Common Pleas judge Carolyn Engel Temin told the couple that the welfare of the child is more important that the parents' religious freedom. (See prior related posting.)

Pakistani Court Imposes Death Sentence For Blasphemy Against Companions of the Prophet Muhammad

One India News reports that in Pakistan's Punjab province yesterday, a court has invoked the country's controversial blasphemy law to impose a death sentence on Muhammad Rafiq for committing blasphemy against the companions of the Prophet Muhammad. Rafiq, who lives in Jalalpur Peerwala, was seen by local residents wearing a wooden slab around his neck on which were written the offending remarks about the Sahaba Ikrams. Rafiq was also ordered to pay a fine of Rs 200,000 ($2337 US). After he was arrested, Rafiq was moved from the local police station to a prison in Bahawalpur to prevent a mob from lynching him.

Suit Challenges School's Ban On Religious Songs From Talent Show

A lawsuit was filed in federal district court in Los Angeles last week on behalf of a 5th-grade student challenging Superior Street Elementary School's school's policy of barring acts with religious messages from the school's annual talent show sponsored by the PTA. The complaint (full text) in B.H. v. Garcia, (CD CA, filed 1/28/2011), alleges that the school told the student that his interpretive movement to the religious song "We Shine" was not permitted because of the song's religious message. The principal suggested that the student select a song that does not mention Jesus so many times.  The suit seeks a declaratory judgment that the school's policy violates the free speech, free exercise and establishment clauses of the 1st Amendment as well as the 14th Amendment's equal protection clause and seeks temporary or permanent injunctive relief so the student can perform in this week's show. Alliance Defense Fund issued a press release announcing filing of the lawsuit.

UPDATE: ADF announced on Feb. 2 that after the filing of the lawsuit, the Los Angeles Unified School District agreed that it would no longer prohibit 5th grader B.H. from performing his Christian song. ADF attorneys however will continue the lawsuit to prevent future applications of the same policy.

Government Representatives, Including Many Muslims, Visit Auschwitz In Bid To Counter Holocaust Denial

In a trip to Poland organized by UNESCO, the Mayor of Paris and the Aladdin Project, 150 representatives of 40 governments yesterday visited Auschwitz-Birkenau, the largest Nazi death camp, in a move designed to counter Holocaust denial, educate about the Holocaust and battle anti-Semitism. The mission included a large delegation from a number of Muslim countries. Among those attending was Karim Lahidji, the head of the Iranian League of Human Rights. Iran's president has been a leading Holocaust denier. AP and the UN News Centre both report on the trip.

Woman Pleads Guilty In Plot To Kill Swedish Cartoonist

In a press release yesterday, the Justice Department announced that Colleen LaRose, also known as "Jihad Jane", has entered a guilty plea in a Pennsylvania federal district court to an indictment charging conspiracy to provide material support to terrorists, conspiracy to kill in a foreign country, making false statements and attempted identity theft. As reported by CNN, LaRose was allegedly part of a plot to kill Swedish cartoonist Lars Vilks who in 2007 angered Muslims with his cartoon showing the Prophet Muhammad's head on the body of a dog. Her plea was a change from the not guilty plea entered earlier. She faces a maximum potential sentence of life in prison and a $1 million fine. (See prior related posting.)

Virginia House OKs Proposed Amendments On Prayer and Funding for Military Chaplains

The Virginia House of Representatives yesterday passed two proposed state constitutional amendments dealing with religion.  HJ 593, which passed the House by a vote of 61-33 (with one abstention), would bar state infringement of "the people's right to pray and to recognize their religious beliefs, heritage, and traditions on public property, including public schools..."  HJ 614, passed by a vote of  62-32 (with one abstention), would allow the state legislature to provide for loans and grants to students attending theological schools and seminaries in Virginia if the student is an approved candidate for the chaplaincy in any branch of the armed services (including the National Guard). NENC reporting on the bills says that they "face a more critical reception in the Senate, where similar measures routinely die."