European Court's Grand Chamber Upholds Italy's Placement of Crucifixes In State Schools

Today in a 15-2 ruling, the Grand Chamber of the European Court of Human Rights held that the required display of crucifixes in state school classrooms in Italy does not violate the European Convention on Human Rights. In Case of Lautsi and Others v. Italy, (ECHR, March 18, 2011), the European Court reversed a Chamber Judgment issued by a 7-judge panel of the Court in November 2009 that had found the practice violates Article 2 of Protocol No. 1 taken together with Article 9 of the European Convention on Human Rights. (See prior posting.) In today's Grand Chamber judgment, the majority said in part:

[I]t is true that by prescribing the presence of crucifixes in State-school classrooms – a sign which, whether or not it is accorded in addition a secular symbolic value, undoubtedly refers to Christianity – the regulations confer on the country's majority religion preponderant visibility in the school environment.

That is not in itself sufficient, however, to denote a process of indoctrination on the respondent State's part and establish a breach of the requirements of Article 2 of Protocol No. 1.... [A] crucifix on a wall is an essentially passive symbol and this point is of importance in the Court's view, particularly having regard to the principle of neutrality.... It cannot be deemed to have an influence on pupils comparable to that of didactic speech or participation in religious activities.... [T]he presence of crucifixes is not associated with compulsory teaching about Christianity....

Italy opens up the school environment in parallel to other religions.... [I]t was not forbidden for pupils to wear Islamic headscarves or other symbols or apparel having a religious connotation; alternative arrangements were possible to help schooling fit in with non-majority religious practices; the beginning and end of Ramadan were "often celebrated" in schools; and optional religious education could be organised in schools for "all recognised religious creeds" .... Moreover, there was nothing to suggest that the authorities were intolerant of pupils who believed in other religions, were non-believers or who held non-religious philosophical convictions.

In addition, the applicants did not assert that the presence of the crucifix in classrooms had encouraged the development of teaching practices with a proselytising tendency.... [A]pplicant retained in full her right as a parent to enlighten and advise her children... and to guide them on a path in line with her own philosophical convictions....

Three concurring opinions were filed.  In one of them, Judge Bonello wrote:

A court of human rights cannot allow itself to suffer from historical Alzheimer's. It has no right to disregard the cultural continuum of a nation's flow through time, nor to ignore what, over the centuries, has served to mould and define the profile of a people. No supranational court has any business substituting its own ethical mock-ups for those qualities that history has imprinted on the national identity.... A European court should not be called upon to bankrupt centuries of European tradition. No court, certainly not this Court, should rob the Italians of part of their cultural personality.

A dissenting opinion by Judge Malinverni, joined by Judge Kalaydjieva, argued in part:

[T]he presence of the crucifix in classrooms goes well beyond the use of symbols in particular historical contexts.... [N]egative freedom of religion is not restricted to the absence of religious services or religious education. It also extends to symbols expressing a belief or a religion. That negative right deserves special protection if it is the State which displays a religious symbol and dissenters are placed in a situation from which they cannot extract themselves.  Even if it is accepted that the crucifix can have multiple meanings, the religious meaning still remains the predominant one. In the context of state education it is necessarily perceived as an integral part of the school environment and may even be considered as a powerful external symbol.

The Court also issued a press release describing today's decision.

Malaysian Court Upholds Rule Limiting Syariah Law Practice To Muslims

In Malaysia yesterday, the High Court (Appellate and Special Powers) upheld the requirement that only Muslims can practice as Syariah lawyers. The Star reports on the decision which upholds Rule 10 of the Peguam Syarie Rules 1993. Victoria Jayaseele Martin, a non-Muslim woman who earned a Diploma in Syariah Law and Practice in 2004 from the International Islamic University Malaysia, challenged the requirement imposed by the Federal Territory of Kuala Lumpur's Islamic Religious Council that only Muslims can be admitted to practice before its Syariah Court. (See prior posting.) In yesterday's decision, Justice Rohana Yusuf concluded that: "The requirement (for a Syarie lawyer to be) of Muslim faith is necessary to ensure the effectiveness of legal representation." Martin's lawyers plan to appeal the decision.

Belk Settles Religious Accommodation Suit Filed By EEOC

A settlement has been reached between the EEOC and Belk, Inc. in a lawsuit brought by the EEOC charging Belk with failing to accommodate the religious beliefs of a Jehovah's Witness employee in its Raleigh, North Carolina store.  (EEOC press release.) Employee Myra Jones-Abid was fired when she refused to wear a Santa hat and apron because her religious beliefs bar her from recognizing holidays. Under the settlement, Belk will pay Jones-Abid $55,000 in damages and will provide annual training on religious discrimination to managers at the store involved. It will also post a notice at the store on employees' rights and report to the EEOC on its responses to employee requests for religion accommodation.

Lawsuit Challenges Arizona Day of Prayer Declaration

The Freedom from Religion Foundations announced that it filed a lawsuit on Tuesday challenging Arizona Governor Jan Brewer's declaration of May 6, 2010 as Arizona Day of Prayer. The complaint (full text) in Freedom from Religion Foundation Inc. v. Brewer, (D AX, filed 3/15/2011) seeks a declaratory judgment that Brewer's proclamation violates the Establishment Clause as well as  Art. II, Sec. 12 and Art. XX, Sec. 1 of the Arizona constitution. It also asks for an injunction barring the governor from proclaiming days of prayer in 2011 or thereafter.

Knesset Committee Hears From Chief Rabbi On Israel's Recognition of Orthodox Conversions

Haaretz reports on a special meeting of the Knesset (Israeli Parliament) Immigration Committee on Tuesday in the office of Israel's Chief Sephardi Rabbi Slomo Amar in which Amar defended a controversial policy of the Chief Rabbinate and the Interior Ministry adopted two years ago regarding recognition of conversions to Judaism performed by Orthodox rabbis abroad.  The policy limits recognition of conversions to those performed by members of specific rabbinical organizations, such as the Rabbinical Council of America. The Interior Ministry's recognition is important in determining whether an immigrant is entitled to immigrate under the Law of Return. Amar told the Knesset Committee that he had received reports of some rabbis abroad performing conversions in exchange for large sums of money.  In an interesting twist, the Israeli Supreme Court has previously ruled that the Interior Ministry must recognize Reform and Conservative conversions from abroad for purposes of the Law of Return.  However, because the Court has not passed on the issue of Orthodox conversions abroad, the Interior Ministry retains control over which it will recognize. Government representatives are working on drafting a new policy on recognition of Orthodox conversions that will withstand legal challenge.

Court Says Any Accommodation of Jehovah's Witness Would Impose Undue Hardship On Employer [Corrected]

In Berry v. MeadWestvaco Packaging Systems, LLC, (MD AL, March 14, 2011), an Alabama federal district court dismissed a Title VII religious discrimination claim brought by a Jehovah's Witness employee who was assigned to work at times that conflicted with his scripturally mandated Tuesday and Wednesday evening religious meetings. The company allowed Thomas Berry, a gluer operator, to swap shifts with other operators and to use his vacation time. However, he had insufficient vacation time and no other operator was willing to switch with him. The court concluded that while there is an issue of fact as to whether the company offered Berry reasonable accommodation, any available accommodation would have created "undue hardship" to the employer and therefore could not be imposed on the company. [Thanks to CCH Employment Law Daily via Steven H. Sholk for the lead.] (Note-- an earlier version of this posting incorrectly indicated that the case involved a Seventh Day Adventist. I apologize for the error.)

Federal Judge Urges Settlement Negotiations In FLDS UEP Trust Case

As previously reported, last month a Utah federal district court held unconstitutional the five years of Utah state court proceedings aimed at reforming the polygamous FLDS Church's United Effort Plan Trust.  The state plans to appeal the ruling. Meanwhile, Fox13Now reports that during a status conference on Tuesday, federal district judge Dee Benson urged attorneys for the state, the FLDS Church and the trust to re-institute settlement negotiations. The parties appear willing to try again, but the matter is complicated by ex-FLDS members who have now moved into some homes on trust property.

Malaysia Will Release Impounded Christian Bibles, Subject To Conditions

In Malaysia, the Home Ministry on Tuesday decided to release back to the Bible Society of Malaysia and The Gideons 35,000 copies of a Malaysian translation of the Christian Bible that had been impounded. (See prior posting.)  UPI and The Star report that the Performance Management  and Delivery Unit originally seized the Bibles that came in two separate shipments because they use the word "Allah" as a translation for "God." However the Ministry’s Publications Control and Quranic text division has now decided to permit the Bibles to be imported, subject to certain conditions. The Ministry has stamped on each Bible the warning: "The Good News Bible is for the use of Christians only."  It also wants serial numbers and the official Ministry stamp on the Bibles. The Bible Society has concerns over these conditions and wants to discuss them further. Some Malaysian states have laws prohibiting use of the word "Allah" by non-Muslims and a challenge to a similar ban by the Home Ministry is still pending in Malaysian courts. (See prior posting.)

Establishment Clause Challenge To City's Invocation Policy Survives Motion To Dismiss

In Atheists of Florida, Inc. v. City of Lakeland, Florida, (MD FL, March 15, 2011), a Florida federal district court allowed plaintiffs to proceed with their federal and state Establishment Clause claims challenging the invocation policy of the Lakeland (FL) City Commission. The city maintains a list from which they invite various clergy to deliver prayers at the beginning of each meeting. Plaintiffs claim that the city's practice, with one exception, has been to exclude non-Christians and the non-religious. After the lawsuit was filed, the city passed a new policy, but plaintiffs claim both that the official policy is unconstitutional and that the actual practice deviates from the formal policy. However plaintiffs' equal protection and free speech claims were dismissed. Tuesday's Lakeland (FL) Ledger reports on the decision.

Democrats In Congress Introduce Bill To Repeal DOMA

The Hill reported yesterday that Democrats in both the House and Senate have introduced the Respect for Marriage Act (full text). The bill would repeal the Defense of Marriage Act and instead recognize as valid for federal law purposes any same-sex marriage that was legally entered into in the jurisdiction where it was performed. On the Senate side, the bill was introduced by Sen. Dianne Feinstein and is co-sponsored by 18 other Senate Democrats. (Press release.) In the House, the bill was introduced by Representatives Jerrold Nadler and John Conyers, and is co-sponsored by four gay and lesbian members of Congress. The Hill says that the chances of the bill passing the House are slim.

New Hampshire High Court Upholds Public Schooling Over Home Schooling In Parental Dispute

In a widely followed case, the New Hampshire Supreme Court has upheld a trial judge's order that an 11-year old girl be enrolled in public school rather than continue to be primarily home schooled by her mother.  The issue arose when the girl's divorced parents who shared parental responsibilities could not agree on schooling plans.  While the mother argued that the trial court's order violated parental rights to control the education of their children in conjunction with the free exercise of religion, the court said:

While this case has religious overtones, it is not about religion. While it involves home schooling, it is not about the merits of home versus public schooling. This case is only about resolving a dispute between two parents, with equal constitutional parenting rights and joint decision-making responsibility, who have been unable to agree how to best educate daughter.

In In re Kurowski, (NH Sup. Ct., March 16, 2011), the court concluded:

Because the parents in this case reached an impasse on the exercise of their respective parenting rights, the trial court properly utilized the best interests standard to resolve the dispute. The trial court’s decision is not subject to strict scrutiny review merely because the case involves the fundamental parental right to make decisions for daughter’s education and the parents' divergent religious convictions.

Alliance Defense Fund issued a press release on the decision. (See prior related posting.)

Harvard Law Prof. William Stuntz Dies

In a tribute to "an examined life of thoughtfulness and grace", Harvard Law School yesterday announced that renowned criminal justice scholar and beloved teacher William Stuntz died on March 14 after a long battle with cancer. At a conference last year, one participant described Prof. Stuntz's scholarship as follows:

Stuntz’s work builds a bridge between the religious and the secular, the pragmatic and the evangelical, with his intellectual commitments both rooted in faith and insistent on reasoned evidence. In the world of criminal legal discourse, this is an invaluable contribution.

On his blog, which he co-authored with David Skeel, he and Skeel said: "We are both law professors and evangelical Protestants – a weird combination in our time. We hope it’s also an interesting combination."
[Thanks to Legal Theory blog for the lead.]

9th Circuit En Banc Finds Court Holding Facility Is Covered By RLUIPA

The U.S. 9th Circuit Court of Appeals yesterday in an en banc decision in Khatib v. County of Orange, (9th Cir., March 15, 2011), concluded that the holding facility at the Santa Ana (CA) courthouse is a "pretrial detention facility" that is covered by RLUIPA. The issue arose in the context of a lawsuit by a Muslim woman who was held in the facility for a number of hours after the court revoked her probation. Officers there insisted that she remove her headscarf even though this was a violation of her religious beliefs.  A 3-judge panel in the case had held, 2-1, that the holding cell was not covered by RLUIPA. The 11-judge en banc panel disagreed unanimously. Neither of the two judges in the majority on the 3-judge panel were among the eleven that heard the case en banc. Courthouse News Service reports on the decision.

Proposed Tajik Law Banning Children's Participation In Religious Activities Draws Objections

Forum 18 reports that in Tajikistan yesterday the public consultation period ended on a controversial proposed Law on Parental Responsibility for the Education and Upbringing of Children.  After receiving more than 30,000 comments on the proposed law, the President's office said opinions of religious communities will be taken into account and changes will be made in the draft.  The proposal, initiated by Tajikistan's President Emomali Rahmon last year, would require parents to prohibit their children from participating in organized religious activities, except for funerals.  Apparently its goal is to stop children from attending mosques in the majority-Muslim country.  However it will also negatively impact the minority Russian Orthodox community.  Other provisions in the law require parents to give children names that reflect national values. It requires that children be educated in the spirit of respect for the homeland, national and universal values. It requires school uniforms and bans children having access to materials that contain violence, extremism, terrorism or other manifestations against morals.

Utah Police Arrest Man Who Used Animal Parts and Human Skulls For Religious Rites

According to NBC News, in Clearfield, Utah on Sunday detectives arrested Roberto Casillas-Corrales for investigation of abuse or desecration of a human body.  While executing a search warrant as part of a drug investigation, officers found a shed full of animal carcasses, along with two human skulls, behind Casillas-Corrales' home. Casillas-Corrales says he is a Santeros, or priest, and that he uses the skulls and animal parts for religious ceremonies.  He apparently purchased the skulls from individuals who took them from graves in Cuba.  It is unclear whether the animal parts will lead to additional charges.  Federal immigration agents are also involved in the investigation since Casillas-Corrales is not a U.S. citizen.

Lawsuit Claims "Local Option" Use Violates Civil Rights Act

An organization calling itself the Ethereal Enigmatic Euphoric Movement Toward Civilized Hedonism filed a lawsuit in federal court in Idaho last week challenging Idaho's local option statute (Idaho Stat. Sec. 23-917) that allows residents of a city to vote to ban the sale of liquor by the drink.  The complaint (full text) alleges that Preston, Idaho, whose residents are mostly Mormon, have used the local option statute to force their religious objections to liquor on others.  The complaint also alleges that this deprives members of the EEEMTCH of freedom to practice their belief that consumption of liquor is a "moral obligation and sacred right."  The complaint alleges that the ban on sale of liquor by the drink in Preston violates the public accommodations provisions of the 1964 Civil Rights Act as well as similar provisions of Idaho law (Sec. 67-5909).  Invoking the legacy of the civil rights movement, the complaint alleges: "Like being told we have to drink at separate water fountains, if we want a mixed drink in a bar, we are forced to drive to any of the surrounding cities in the state." Courthouse News Service reports on the filing of the lawsuit.

Catholic Cardinal Criticizes UK Foreign Aid Plans As Anti-Christian

The head of the Roman Catholic Church in Scotland, Cardinal Keith O'Brien, critized Britain's plans to increase foreign aid to Pakistan. He said:

To increase aid to the Pakistan government when religious freedom is not upheld and those who speak up for religious freedom are gunned down is tantamount to an anti-Christian foreign policy... Pressure should now be put on the government of Pakistan, and the governments of the Arab world as well, to ensure that religious freedom is upheld.

However, according to AFP yesterday, the British government is defending its policy.  Junior foreign minister Alistair Burt said that the promotion of human rights, including religious freedom, is at the heaqrt of its foreign policy.

Justice Department Sues California Under RLUIPA On Behalf of Sikh Inmate

The U.S. Department of Justice announced yesterday that it has filed a RLUIPA lawsuit against the state of California and its prison system after concluding that the state's inmate grooming policy violates the rights of a Sikh prisoner. Sukhjinder S. Basra, an inmate at the California Men’s Colony in San Luis Obispo, has been punished by prison officials for wearing a beard as required by his religious beliefs. The Justice Department says that its filing also seeks to have it participate in a lawsuit already filed on behalf of the inmate.

Anti-Abortion Demonstrator Loses Damage Action Against Park Service Officers On Qualified Immunity Grounds

Michael Marcavage, director of Repent America, has lost in his attempt to recover damages from National Park Service officers who required him to end the 2007 anti-abortion rally he was conducting in front of the entrance to Philadelphia's Liberty Bell Center and told him he could demonstrate only in a nearby area that was designated a First Amendment area under Independence National Historical Park regulations.  Last June, in United States v. Marcavage, the 3rd Circuit vacated Marcavage's conviction for interfering with an agency function, finding that the sidewalk on which he was demonstrating was a traditional public forum.  Now, however, in Marcavage v. National Park Service, (ED PA, March 9, 2011), a Pennsylvania federal district court held that while a damage action under Bivens action may be brought against federal officials for 1st Amendment violations, the Park Service officers involved have qualified immunity. The court concluded that content-based, as opposed to viewpoint-based, restrictions are permissible in a non-public forum and:

it was not clearly established that the Sixth Street sidewalk was a public forum at the time of Marcavage's arrest. While the Court of Appeals ultimately decided that it was, the question was open at the time.... 

The court also rejected Marcavage's equal protection claim.

Jewish Prayers On Board Plane Lead To Security Scare

CNN reports that three Orthodox Jewish businessmen praying on an Alaska Airlines flight from Mexico City to Los Angeles on Sunday triggered a security alert. Passengers became alarmed when the three began praying out loud "in a language other than Spanish" shortly after takeoff.  Flight attendants said the men appeared to have something strapped under their clothing as well-- presumably tefellin which observant Jews wear during week day morning prayers. Flight attendants alerted the flight deck which in turn alerted security at LAX.  Airport police, the FBI and agents from Customs and Border Protection all met the men when the flight landed. After questioning and a search of their baggage the men-- all cooperative with authorities-- were cleared to go.

UPDATE: CNN (3/15) reports that Alaska Airlines has apologized for the handling of the incident. However the airline explained that the flight crew was alarmed in part because the men ignored instructions to stay seated with seat belts fastened during air turbulence, and instead retrieved "small black boxes fastened with what appeared to be black tape" from their luggage in the overhead bins.

Indian Court Says Trustees Cannot Exclude Zoroastrian Priests From Tower of Silence

In India last week, the Bombay High Court ruled that trustees of the Parsi Panchayet Funds and Properties do not have the authority to bar two duly ordained Zoroastrian priests from performing religious rites at the Malabar Hill Tower of Silence and two fire temples.  The Hindustan Times last week reported that the Parsi Panchayet banned priests Framroze Mirza and Khushroo Madon on the grounds that the priests were engaging in activities that contradicted basic Zoroastrian tenets. A two judge bench of the High Court says that nothing in the Deed of Trust of the Parsi Panchayet gives the trustees this power, and if it did, it would "result in a grave affront to basic human rights and individual dignity." The court said the trustees mistakenly believe "they are custodians of the religion." The decision overruled one by a single judge last year who held that the High Court did not have the jurisdiction to determine what was and was not religious.

School's Prayer Service To Encourage Performance On Standardized Tests Is Questioned

The Baltimore Sun this week reports on the church-state questions that have been raised by the attempts at Baltimore's Tench Tilghman Elementary/Middle School to raise the performance of students on statewide standardized tests.  In preparation for the Maryland School Assessments this year and last, the school has held a 30-minute prayer service to culminate special Saturday test preparation classes.  Parents asked principal Jael Yon to hold the classes and prayer service as the best way to encourage and instill confidence in the students. Asked about the prayer service, city school officials said that "while we as a district understand that prayer plays an important role for many in our school communities … it is not appropriate for public institutions of education to promote any particular religious practice."

Court Explores Catholic Doctrines For End of Life Decisions

Matter of Zornow, (NY Sup. Ct., Dec. 23, 2010, posted March 2, 2011), involves a dispute between siblings over whether their mother, an Alzheimers patient in a nursing home, should be denied artificially administered food and water when the statutory conditions for doing so would permit such a decision to be made.  New York Public Health Law Sec. 2994-d.4.(a) provides that a court-appointed surrogate shall made decisions "in accordance with the patient's wishes, including the patient's religious and moral beliefs."  Finding that the mother was a practicing Catholic, the trial court engaged in a lengthy analysis of Catholic doctrine on foregoing food and water. In the course of the lengthy decision, Judge Polito was highly critical of provisions in the New York statute that sets out standards that may be used by surrogates in making health care decisions. He urged the legislature to create a "sanctity of life" rather than a "quality of life" presumption. [Thanks to Volokh Conspiracy for the lead.]

India Shia Personal Law Board Takes Action Against Domestic Abuse, Polygamy

According to India Today, the All India Shia Personal Law Board is taking action to counter the growing problem of domestic violence. It will ostracize men who beat their wives and will create a help line for victims.  The Board also expressed concern with polygamy, saying that the dowry that goes to the man's family is the main cause of the practice.  It decided that from now on, the dowry must be in the form of cash in an amount decided well before the wedding, and that the bride's family must  be free to spend the amount on the cost of the wedding ceremony.

Recent Articles Of Interest

From SSRN:

• Shoaib A. Ghias, Translation of Murawwaja Islāmī Baynkārī awr Jamhūr ʿUlamā kay Mawqaf kā Khulāṣa (A Collective Fatwa Against Islamic Banking) , (March 4, 2011).
• Michael A. Helfand, Religious Arbitration and the New Multiculturalism: Negotiating Conflicting Legal Orders, (New York University Law Review, Forthcoming).
• Julia Leininger, The Diverse Role of Muslim Actors in Mali’s Democratic Consolidation: Fostering Plurality and Inhibiting Strong State Institutions, (February 4, 2010).
• George P. Smith, Regulating Morality through the Common Law and Exclusionary Zoning, (Catholic University Law Review, Vol. 60, No. 2, pp. 403-444, 2011).
• Michael J.T. McMillen, Islamic Capital Markets: Market Developments and Conceptual Evolution in the First Thirteen Years, (March 8, 2011).
• Julie Ringelheim, Emmanuelle Bribosia and Isabelle Rorive, Reasonable Accommodation for Religious Minorities: A Promising Concept for European Antidiscrimination Law?, (Maastricht Journal of European and Comparative Law, Vol. 17, No. 2, 2010).
• Cyra Akila Choudhury, Collateral Damage: the Ghettoization of Muslims in the Race for the White House, (Race 2008: Critical Reflections on a Historical Campaign, Mendible, ed., 2010).
• Ihsan Yilmaz, The Varied Performance of Hizb Ut-Tahrir: Success in Britain and Uzbekistan and Stalemate in Egypt and Turkey, (Journal of Muslim Minority Affairs, Vol. 30, No. 4, December 2010).
• Giovanni Distefano and Pascal Mahon, Ban on Minarets from the Standpoint of Swiss Constitutional Law and Public International Law (Jus Cogens), (Journal of Sharia and Law, Vol. 45, pp. 69-84, January 2011).

From SmartCILP:

• Angela C. Carmella, Religion-Free Environments in Common Interest Communities, 38 Pepperdine Law Review 57-110 (2010).
• Derek John Illar, Cyber Fatwas and Classical Islamic Jurisprudence, [Abstract], 27 John Marshall Journal of Computer and Information Law 577-592 (2010).
• 2010 Editor's Symposium. Freedom of Conscience: Stranger in a Secular Land, 47 San Diego Law Review 899-1129 (2010). (Introduction by Larry Alexander and Steven D. Smith; articles by Kent Greenawalt, Adam J. Kolber, Brian Leiter, Andrew Koppelman, Christopher T. Wonnell, Michael J. Perry, Richard J. Arneson, Nomi Maya Stolzenberg, Michael J. White, Ronald Beiner and Maimon Schwarzschild).
• Journal of Islamic and Near Eastern Law, Vol. 9, No. 1 (2009-10) has recently appeared. 

Recent Prisoner Free Excercise Cases

In Miles v. Moore, 2011 U.S. Dist. LEXIS 21753 (ED VA, March 3, 2011), a Virginia federal district court dismissed a challenge to a prison rule that only allowed changes once each quarter in the list of prisoners who could attend religious services. This delayed plaintiff's restoration to the list after he had been dropped during a period of administrative segregation.

In Pierce v. Gonzales, 2011 U.S. Dist. LEXIS 21888 (ED CA, Feb. 17, 2011), a California federal magistrate judge dismissed as too vague an inmate's allegations that Muslim inmates were denied religious services for over a year. Plaintiff however was granted leave to file an amended complaint.

In Muhammad v. Wade, 2011 U.S. Dist. LEXIS 22234 (ED VA, March 2, 2011), a Virginia federal district court rejected a Muslim inmate's claims that his rights were violated when authorities impeded his attempts to set up for classes and prayer, and denied him an Eid-ul-Fitr feast.

In McGovern v. Smith, 2011 U.S. Dist. LEXIS 22528 (D MT, March 7, 2011), a Montana federal district court adopted a magistrate's recommendations (2011 U.S. Dist. Lexis. 23088, Feb. 1, 2011) and dismissed an inmate's challenge that his ability to practice his Wiccan religion were burdened by denying him the use of real candles and confiscating his pendant. However the court refused to dismiss his challenge to the ban on casting spells.

In Pine v. Seally, 2011 U.S. Dist. LEXIS 23482 (ND NY, Feb. 4, 2011), a New York federal magistrate judge recommended dismissing plaintiffs' claims that that they were denied "'Elder 'Rastafarian' or Eman [sic] 'Muslim' services . . . special diets, the right to Ramadan," and that Jewish inmates were not allowed to celebrate Passover and were not given kosher diets."

Dalai Lama To Transfer His Political Power To Elected Official

AP reports that the Dalai Lama will give up his political role in the Tibetan government-in-exile and will turn that formal role over to an elected leader.  The Dalai Lama said he will propose amendments to the constitution of the government-in-exile at its session that begins this week in Dharmsala, India. An election for a new prime minister for the government-in-exile is also scheduled this month, and that person may be the one to take on the Dalai Lama's political duties.

New Review of Religious Tolerance At Air Force Academy To Be Undertaken

AP reported yesterday that a retired Air Force general will conduct a review of the religious climate at the U.S. Air Force Academy . The Academy has been at the center of charges of religious intolerance for the past seven years. General Patrick K. Gamble, now president of the University of Alaska, will assemble a team of five or six members to take an "independent, subjective look at the overall climate at USAFA relating to free exercise of religion." The review is designed to evaluate various initiatives undertaken since 2004 that were designed to improve religious tolerance. A lengthy report on issues of religious tolerance at the Academy was issued in 2005. (See prior posting.)

Maryland House Fails To Pass Same Sex Marriage Bill After Religious Opposition

Baptist Press reports that Maryland's House of Delegates yesterday voted to send the pending same-sex marriage bill back to committee after the leadership determined that they lacked the votes to pass it.  The Maryland Senate passed the bill last month (see prior posting), and it was expected that the House would also pass it.  However opposition from predominately black churches, as well as from the Maryland Catholic Conference, meant that the bill was unable to get enough Democratic support. Two members of the black caucus switched from being co-sponsors to opposing the bill. Del. Cheryl Glenn, a member of the black caucus said: "The black churches -- since I've been here -- have never asked us for anything, that I can recall. They are asking now, 'Don't use the word marriage.'" Leaders expect the House will take up the bill again next year.

Defendant's Absence From Trial For Religious Reasons Held To Be Voluntary Waiver

In Eubanks v. Lempke, 2011 U.S. Dist. LEXIS 23642 (SD NY, Feb. 22, 2011), a New York federal district court denied a habeas corpus petition filed by Isaac Eubanks, a Muslim, who was absent from his state court trial for religious reasons on the Friday when the jury returned with its verdict convicting him of robbery and possession of stolen property. The federal court held that the state court's determination that Eubanks had voluntarily waived his right to be present was not objectively unreasonable. He had attended pre-trial proceedings on other Fridays.  His counsel did not object at trial and the state has a "controlling public interest" in protecting the integrity of jury deliberations.

Chechnya Criticized For Imposing Islamic Dress Code on Women

Human Rights Watch yesterday released a report titled You Dress According to Their Rules: Enforcement of an Islamic Dress Code for Women in Chechnya (full text). Here is a summary from the text of the report:

This report describes violence and threats against women in Chechnya to intimidate them into adhering to a compulsory Islamic dress code. The documented attacks and incidents of harassment took place from June through September 2010, when the virtue campaign in the republic intensified. During that time, dozens of women were subjected to attacks by men, including law enforcement officials, in the center of Grozny, for not wearing a headscarf or for dressing in a manner which these men deemed insufficiently modest. While pressure on women seemed to become less aggressive after September the dress requirement remains a live issue and continues to be backed by high-level officials, including Ramzan Kadyrov.

Interfaith Leaders Criticize House Hearings On Radicalization of Muslims

Twenty-six religious leaders-- Christian, Jewish, Muslim and Sikh-- yesterday issued a statement (full text) criticizing U.S. Rep. Peter King's hearing on the radicalization of American Muslims. The statement reads in part:

We urge the members of our government as well as citizens of good will to refrain from passing judgment on religious or faith groups based on the actions of the few who pervert their spiritual traditions through acts of violence and hostile rhetoric. We believe that politicians, cultural figures and members of the media are never justified in exploiting religious differences in order to advance ideological or political aims. Our leaders in Congress and the Administration must stand up and speak out against these hearings – hearings that perpetuate misrepresentations and harm our country rather than lead it to greater awareness and a strengthened citizenry.

The interfaith coalition-- calling themselves "Shoulder to Shoulder"-- also held a press conference yesterday to criticize the hearings. (Transcript of press conference.)

Fired Nurse Sues Catholic Hospital For Defamation

The San Antonio Express-News reports on a defamation lawsuit against a Catholic hospital that went to trial yesterday in a Bexar County (TX) trial court. Tammy Perez is a devout Catholic who was formerly employed as a nurse by Christus Santa Rosa Health System. She claims that the hospital defamed her in the process of firing her in retaliation for her reporting to officials of the Archdiocese that the hospital had performed an abortion. She prepped the patient for the procedure. The hospital says that the procedure at issue involved a miscarriage, while Perez claims that there had not been an ultrasound to determine if there was still a fetal heart beat. She says the patient told her she had not miscarried. The hospital says they fired Perez because she violated privacy laws by revealing medical information regarding the patient to a priest who was the archdiocesan administrator. Meanwhile, in response to a pre-trial motion, the court ruled that the question of whether an abortion in fact was performed will not be an issue at trial.

House Will Defend DOMA In Court

House Speaker John Boehner announced Wednesday that after consultation with the Bipartisan Leadership Advisory Group, he has directed the House General Counsel to initiate a legal defense of the Defense of Marriage Act.  Boehner had announced last week that he was convening the Advisory Group after the Obama administration decided that it would no longer defend DOMA's constitutionality. (See prior posting.) According to AHN, the Advisory Committee's vote in favor of defending the law was 3-2, along party lines. Joe Solmonese, president of the Human Rights Campaign, criticized Boehner's action, saying: "The Republicans' jobs plan is a full employment project for right-wing lawyers bent on defending discrimination." [Thanks to Alliance Alert for the lead.]

State AG Challenge To Bush Era Conscience Rules Dropped Because of Revisions

A lawsuit filed in 2009 by a coalition of state attorneys general challenging the health care provider conscience rules promulgated by the Bush administration was dropped last week.  According to BNA Daily Report for Executives, the suit originally filed by the Connecticut attorney general and then joined by others was dropped because a Feb. 18, 2011 revision of the rule has rescinded the parts of the rule which the attorneys general found objectionable. The original suit alleged that the 2008 regulation limited women's access to necessary medical services, including emergency contraception.

5th Circuit: Disciplinary Exclusion of High School Student Did Not Violate His Free Exercise Rights

In C.H. II v. Rankin County School District, (5th Cir., March 4, 2011), the U.S. 5th Circuit Court of Appeals rejected a high school student's claim that his free exercise rights were violated by disciplinary action taken against him in connection with an auto body class.  After the student's misbehavior in the class-- offered by a community college to high school students-- the instructor and the director refused to allow the student to continue in the course unless he received counselling or at least unless he and his father signed an instructor-student contract outlining expected behavior. They refused, citing religious reasons. The court held that the school was merely enforcing a generally applicable rule of discipline against the student and that his constitutional rights were not violated.

U.S. Calls For Egypt To Prosecute Perpetrators In This Week's Muslim-Christian Violence

AFP reports that in Egypt on Tuesday violence broke out between Muslims and Christians in a working class district of Cairo as 1000 Christians protested the burning of a Coptic Christian church last week. Ultimately 13 people-- 7 of them Copts-- were killed in the ensuing fighting, while 140 people were injured. At the regular U.S. State Department press briefing yesterday (full text), spokesman Mark Toner said that the US. was concerned about the violence against Copts. He said: "We have urged the Egyptian transitional government to act swiftly to bring the perpetrators of that violence to justice." Sify paints a more complicated picture of events leading up to the violence, tracing it originally back to what began as a family quarrel over a love affair between a Christian man and a Muslim girl. It chronicles the stoning of cars, mainly by Christians, after four days of peaceful demonstrations over the church burning.

UPDATE: The March 14 Christian Post reports that Egypt's military is funding a project to restore the St. Mina and St. George churches that were burned by a Muslim mob after villagers discovered a romantic relationship between a Christian man and a Muslim woman.

Philadelphia Archdiocese Suspends 21 Accused Priests

In the wake of a February grand jury report criticizing the procedures employed by the Catholic Archdiocese of Philadelphia in dealing with priests accused of sexually abusing minors (see prior posting), the Archdiocese announced on Tuesday that it has placed 21 priests on leave. Further independent investigations will be undertaken in each case. Eight other priests will remain in their positions after an independent examination of the evidence against them found that no further investigation is warranted. A statement by Cardinal Justin Rigali explained that these actions followed from recommendations by veteran child abuse prosecutor, Gina Maisto Smith, who he enlisted to examine the cases of accused priests and the Archdiocese's procedures for handling allegations of sexual abuse of minors. Rigali concluded: "I wish to express again my sorrow for the sexual abuse of minors committed by any members of the Church, especially clergy. I am truly sorry for the harm done to the victims of sexual abuse, as well as to the members of our community who suffer as a result of this great evil and crime." The New York Times reports that a dozen protesters stood outside Ash Wednesday services in Philadelphia yesterday. One carried a sign urging that the identities of the 21 suspended priests be disclosed.

Chicago Faith-Based Foster Care Agencies Could Lose Funding For Refusing To Place Children With Same-Sex Couples

The Windy City Times reported yesterday that the recent passage of a same-sex civil union law by the state of Illinois (see prior posting) complicates the question of whether to permit faith-based foster care agencies that contract with the state to refuse to place foster children with same-sex couples. The civil union law becomes effective on June 1.  Three faith-based agencies in Chicago that receive $40 million each year from contracts with the Illinois Department of Children and Family Services currently refuse to place children with LGBT couples.  Lutheran Children and Family Services says it will likely change its policy, but Catholic Charities and the Evangelical Child and Family Agency say they will not.

Report Charges Anti-Islamic Bias In Training of Law Enforcement and Security Personnel

Political Research Associates, a progressive think tank, on Tuesday released a report (executive summary ) titled  Manufacturing the Muslim Menace: Private Firms, Public Servants and the Threat to Rights and Security ( full text).  The lengthy report charges that local, state and federal government agencies fail to adequately monitor the quality of preparedness training provided to their law enforcement and domestic security employees by private vendors.  Focusing on three private organizations that offer anti-terrorism training, the report charges:

public servants are regularly presented with misleading, inflammatory, and dangerous information about the nature of the terror threat through highly politicized seminars, industry conferences, trade publications, and electronic media. In place of sound skills training and intelligence briefings, a vocal and influential sub-group of the private counterterrorism training industry markets conspiracy theories about secret jihadi campaigns to replace the U.S. Constitution with Sharia law, and effectively impugns all of Islam—a world religion with 1.3 billion adherents—as inherently violent and even terroristic.

The report also offers seven recommendations to improve the situation in the future.

Minnesota Trial Court Upholds State's Ban on Same-Sex Marriage

On Monday, a Hennepin County, Minnesota state court judge rejected a constitutional challenge to Minnesota's law that bars same-sex marriage. Tuesday's Minneapolis Star Tribune reports that the trial court relied on a 1971 Minnesota Supreme Court decision-- Baker v. Nelson -- which rejected a similar challenge, and also relied on Minnesota's Defense of Marriage Act. The case decided this week was brought by three same-sex couples who had been denied marriage licenses. It claimed that denial of marriage to same-sex couples violated their due process, equal protection, religious freedom and free association rights.

House Hearing on Radicalization of U.S. Muslims Will Stream Live Thursday Morning

House Homeland Security Committee Chairman Peter King's controversial hearing on The Extent of Radicalization in the American Muslim Community and that Community's Response, is scheduled to begin at 9:30 a.m. EST on Thursday, March 10.  The hearing will be streamed live from this committee website. The list of witnesses has been released. They include 3 members of the House: Michigan's John Dingle, Minnesota's Keith Ellison (the first Muslim member of Congress), and Virginia's Frank Wolf. Others who will testify are: Dr. M. Zuhdi Jasser (head of the American Islamic Forum for Democracy); Abdirizak Bihi (Director of the Somali Education and Social Advocacy Center); Melvin Bledsoe; and Los Angeles County Sheriff Leroy Baca.

UPDATE: A video of the hearings is archived on C-Span.

Suit Challenges Ban on Student's Distribution of Church Christmas Party Flyer

Last week, a federal court lawsuit was filed on behalf of a Cresco, Pennsylvania 5th grader who was barred by her school's principal from handing out to fellow students flyers inviting them to a Christmas party sponsored by her church.  The complaint (full text) in K.A. v. Pocono Mountain School District, (MD PA, filed 3/4/2011), alleges that plaintiff's 1st and 14th Amendment rights, as well as her rights under Pennsylvania's Religious Freedom Protection Act, were violated by rules that require school approval of materials from special interest groups and bar student speech that seeks to establish the supremacy of a particular religious denomination or point of view.  The suit alleges that the school has imposed a content-based restriction on the student since school district policies permit other students to distribute literature and invitations during non-instructional time and permit community groups to distribute flyers through a take-home flyer forum and a literature distribution table. It also alleges violation of the student's free exercise rights, vagueness and overbreadth of the school policies and establishment clause and equal protection violations. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Suit Challenges Zoning Denial For Electronic Bible Verse Sign

On Monday a lawsuit was filed in federal district court against Chichester, New Hampshire by a non-profit organization that displays Christian scriptures on road signs on busy commuter streets. The complaint (full text) in Signs for Jesus v. Town of Chichester, (D NH, filed 3/7/2011), challenges the denial by the town's Planning Board of site plan approval for the display of an electronic message sign carrying Bible verses. The lawsuit alleges that the zoning denial violates the 1st and 14th Amendment rights of plaintiff, as well as the Religious Land Use and Institutionalized Persons Act. Alliance Defense Fund issued a press release announcing the filing of the lawsuit.

Vatican UN Representative Encourages Religious Freedom

Zenit reports on the address on religious freedom given last week at the United Nations Human Rights Council by Archbishop Silvano Tomasi, permanent representative of the Holy See to the U.N. offices in Geneva. Citing a study that says 75% of those killed because of religious hatred are Christians, Tomasi urged that states have a responsibility to create an environment that encourages religious freedom. He also said that the practice of religion needs to be defined broadly-- it includes more than just acts of worship.

Canadian Town's Public Schools-- All Catholic-- Do Not Offer Secular Alternative

All the schools in the Canadian town of Morinville, Alberta (near Edmonton) are government supported Catholic schools. Yesterday's Toronto Globe and Mail reports that some parent are complaining about the lack of a secular alternative.  Alberta law permits parents to take their children out of religion classes. However parents say religion permeates the entire curriculum of the schools. Provincial Education Minister Dave Hancock says he will meet with the Greater St. Albert Catholic Regional Division that runs the schools to encourage them to find a solution so parents that want a secular education for their children can obtain it.

British Tribunal Rules Anti-Hunting Beliefs Protected Under Employment Discrimination Regulations

Britain's  Employment Equality (Religion or Belief) Regulations 2003 (Sec. 2) include "philosophical belief" in the definition of religion or belief. Yesterday's London Telegraph reports that an employment tribunal judge has ruled that the anti-hunting view of activist Joe Hashman are protected under the law's employment discrimination prohibitions.  Hashman secretly filmed celebrity chef Clarissa Dickson Wright attending an illegal rabbit hunting event. He was fired by the owners of the garden center at which he worked. The owners are hunting fans.  Hashman sued and an employment tribunal judge ruled that Hashman's deeply held beliefs about the environment, animal rights, veganism and opposition to hunting are protected as under the religion or belief regulations. Hashman's employers claim he was fired for other reasons. (See prior related posting.)

Kentucky Appeals Court Upholds Billboard Limits Applied To Religious Messages

In Harston v. Commonwealth of Kentucky, (KY App., March 4, 2011), the Kentucky Court of Appeals upheld the application of the permit requirements of Kentucky's Billboard Advertising Act to several billboards carrying religious messages that were placed within 660 feet of an Interstate highway. The court rejected the argument that the signs come under the statute's exception for advertising of on-premise activities.  Petitioners contended that the exception applies "because the signs promote Christianity which is occurring on the family farms where the signs are located." The court also rejected petitioners' challenge under the Religious Land Use and Institutionalized Persons Act, finding that the Act promotes a compelling governmental interest using the least restrictive means. (See prior related posting.)

EEOC Sues Over Failure To Accommodate Sabbath Observance of Job Applicant

The EEOC announced last week that it has filed a Title VII employment discrimination suit against Convergys Corp. ewhich refused to hire a member of the Hebrew Israelite faith who was unable to work on his Sabbath.  The EEOC says the company should be able to accommodate applicant Shannon Fantroy's request not to work from sunup to sundown on Saturday since he would be woking at a large call center. An EEOC regional attorney said: "Refusing to hire a person in this situation without even discussing a possible accommodation for his religion is unlawful discrimination."

Suit Charges University of California With Tolerating Dangerous Anti-Semitic Climate

Today's Daily Californian reports on a lawsuit filed in a California federal district court by a UC Berkeley graduate against Berkeley and the University system over a series of anti-Semitic incidents.  The lawsuit was filed by Jessica Felber who was co-president of Tikvah, the campus Zionist group. The suit says she was assaulted last year by Husam Zakharia, a Berkeley alumnus who was a member of Students for Justice in Palestine.  Zakharia was arrested but never charged in the incident. Felber's complaint says that a number of incidents over the past ten years have led to a dangerous anti-Semitic climate on UC campuses and that the UC system has failed to adopt policies to address the problem.  UC says the charges are unfounded while Students for Justice in Palestine (SJP) call the suit an assault on free speech. The suit comes as SJP begins its "Israel Apartheid Week" on campus.

UPDATE: Here is the First Amended Complaint in the case, filed May 19, 2011.

Students Protest Removal of 10 Commandments From Schools

In response to the decision taken last month by the Giles County, Virginia school board to remove copies of the Ten Commandments that had hung in the county's schools for many years (see prior posting), 200 high school students staged a protest.  WDBJ News reports that yesterday the students marched out of Giles High School where they were met by parents and community leaders. Together the group prayed for a return of the Ten Commandment displays. One students said: "This is America and we can have our Ten Commandments and if they don't like it, they can get out." Another protested: "It's our choice to have the Ten Commandments. It's not the law's choice or anything, it's not the state’s choice or anything. It’s Giles County’s choice. It’s the kid’s choice." Freedom from Religion Foundation which had originally complained about the displays responded: "It is not only unconstitutional to post one religion's edicts on the walls of public schools, but it is bad manners."

Cert. Denied In Challenge To "In God We Trust" Motto

The U.S. Supreme Court yesterday denied review in Newdow v. Lefevre, (Docket No. 10-893, cert. denied 3/7/2011). (Order List.) In the case, the 9th Circuit rejected an Establishment Clause challenge to the inscription of "In God We Trust" on U.S. coins and currency. It also rejected rejected on standing grounds plaintiff Michael Newdow's broader claim that the mere adoption of "In God We Trust" as the national motto was unconstitutional. (See prior posting.) The San Francisco Chronicle, reporting on the Supreme Court's action, quoted plaintiff Michael Newdow who said he would now refile the suit elsewhere.

Supreme Court Denies Review In Student Organization Funding Case

The U.S. Supreme Court today denied certiorari in Walsh v. Badger Catholic, Inc., (Docket No. 10-731, cert. denied 3/7/2011). (Order List). In the case, the 7th Circuit in a 2-1 decision invalidated a University of Wisconsin policy that withheld student activity fee funding for worship, proselytizing or religious instruction by recognized student groups. (See prior posting.)

In a related development, last month Indiana University changed its policy that denied Student Association funding for religiously based student groups. The Indiana Daily Student last week reported that the change in policy came in connection with an application by Impact Movement for funds for its members to attend a national conference which would involve religious proselytizing and sectarian activities.

Montana Supreme Court Stays Order Requiring Surgery Over Woman's Religious Objections

The Montana Supreme Court last week ordered a stay and expedited appeal of a trial court's order that a woman with cancer undergo surgery despite her religious objections. In Office of State Public Defender on Behalf of L.K. v. Montana Fourth Judicial District Court, (MT Sup. Ct., March 2, 2011), the Supreme Court explained:

During a hearing conducted on March 1, 2011, the District Court determined that L.K. is not competent to make her own medical decisions and directed that she undergo a radical hysterectomy on March 3, 2011, against her desires. L.K. objects to the surgery on religious grounds, and expert testimony admitted at the hearing indicated that her religious objections are delusional.

Reporting on the case today, the Helena Independent Record says that at trial a doctor and a psychiatrist testified that L.K. believed that God had cured her.  Doctors say the woman's cancer could kill her within three years. L.K. testified however that she understands she had been diagnosed with cancer and understands the risks of death if she does not have the surgery. The appeal will argue that the trial court's order violates L.K.'s constitutionally protected rights of personal autonomy and religious freedom.

White House Advisor Reassures US Muslims In Advance of Congressional Hearing on Radicalization

In advance of Thursday's scheduled hearings by the House Homeland Security Committee chairman Pete King (R-NY) on radicalization of American Muslims (see prior posting), the White House is seeking to reassure Muslims.  The New York Times reports that Dennis McDonough, White House deputy national security adviser, yesterday delivered an important speech at the All Dulles Area Muslim Society (the Adams Center) in Sterling, Virginia. McDonough spoke out against stigmatizing an entire community because of the actions of a few and said: "In the United States, we don't practice guilt by association." He told the audience: "When it comes to preventing violent extremism and terrorism in the United States, Muslim Americans are not part of the problem, you’re part of the solution." While angry about the hearings, leaders of mainstream mosques plan to participate to testify about their cooperation with law enforcement officials. Minnesota Rep. Kieth Ellison, the only Muslim in Congress, said he would testify even though he thinks it wrong for Congress to investigate a particular religious group.

Recent Articles Of Interest

From SSRN:

• Rafael Palomino, Legal Dimensions of Secularism: Challenges and Problems, (17th Annual International Law and Religion Symposium, (Brigham Young University, Provo, Utah, October 3-5, 2010).
• Adam Farra, Theories of Discrimination and Gay Marriage, (Maryland Law Review Endnotes, Vol. 69, p. 1, 2010).
• Amin George Forji , Just Laws Versus Unjust Laws: Asserting the Morality of Civil Disobedience, (Journal of Politics and Law, Vol. 3, No. 2, pp. 156-170, 2010).
• Ihasan Yilmaz, Radical Muslim Politics from Comparative Perspective: Theological Deprivation as the Major Source of Hizb Ut-Tahrir’s Influence, (Uluslararası Hukuk ve Politika Cilt 6, Sayı: 23 ss. 99-117, 2010).
• Mohammad Omar Farooq, Islam and Democracy: Perceptions and Misperceptions, (February 28, 2011).

From Bepress:

• Whiting, Amanda J. Whiting, Secularism, the Islamic State and the Malaysian Legal Profession, (Asian Journal of Comparative Law: Vol. 5 : Iss. 1, Article 10, 2010).

Recent Prisoner Free Exercise Cases

In Brown v. Secretary, Department of Corrections, 2011 U.S. Dist. LEXIS 19207 (MD FL, Feb. 25, 2011), a Florida federal district court rejected an inmate's free exercise and equal protection challenges to the failure to provide services for Nation of Islam inmates separate from Muslim services.

In Paliotta v. Brooks, 2011 U.S. Dist. LEXIS 19381 (D NV., Feb. 25, 2011), a Nevada federal district court adopted a magistrate's recommendation (2011 U.S. Dist. LEXIS 18943, Feb. 3, 2011) and dismissed on claim preclusion grounds an inmate's complaint that those housed in administrative segregation do not have equal access to religious services and religious property.

In Robinson v. Delgado, 2011 U.S. Dist. LEXIS 21218 (ND CA, Feb. 17, 2011), a California federal magistrate judge ordered the award of $220,791 in attorneys' fees and $47,482 in costs in a case in which an inmate who had become a member of the House of Yahweh Yadhaim obtained an injunction ordering prison authorities to permit him to participate in the prison's Jewish kosher meal program-- even though he is not Jewish.  The kosher meals satisfied plaintiff's religious dietary requirements.

2011 White House Easter Egg Roll Set

The White House announced Friday that this year's White House Easter Egg Roll will be held on April 25.  The theme will be "Get Up and Go!"  Activities will encourage children to lead a healthy and active life style. Tickets will be distributed through an online lottery system to children 12 and under and their families. According to Recreation.gov:

Originally young children in Washington, D.C. would flock to Capitol Hill every Monday after Easter for egg rolling and a day of activities. Members of Congress grew tired of the growing crowds and passed an Act of Congress which prohibited egg rolling on the Capitol grounds. The event was moved to the White House in 1878 after President Hayes was approached by young children to use his backyard to roll eggs. Nearly every Easter since, the White House has invited young children to roll eggs on the White House lawn. Today, the Easter Egg Roll is the largest public event held at the White House.

Church Dispute Dismissed To Keep Court Out of Deciding Church Doctrine and Governance

In Retta v. Mekonnen, (TX App., March 3, 2011), the Texas Court of Appeals dissolved a temporary injunction that had been issued by a Dallas trial court. The appeals court concluded that the trial court lacked jurisdiction to issue the injunction because the dispute requires the determination of religious doctrine and church governance. At issue was an amendment to the bylaws of the Ethiopian Orthodox Tewahedo Debre Meheret St. Michael's Church in Dallas adopted by its trustees providing that a $30 per month contribution was required to retain membership.  Individuals who were disqualified from membership under the new bylaw sued claiming that the trustees who adopted the new bylaw had not been properly elected.  At plaintiff's request, the trial court had issued an injunction ordering church trustees (1) not to prohibit anyone from entering the church and peaceably participating in worship services; (2) not to forcibly remove anyone from services without first asking them to leave; (3) to limit those asked to leave to anyone causing an actual disruption of services; and (4) to preserve church records, documents and recordings.

UPDATE: A similar result was reached in a case involving the same defendants, but different plaintiffs, asserting similar claims. Fesseha v. Ethiopian Orthodox Tewahedo Dere Neheret St. Michael's Church in Dallas, (TX App., July 12, 2011).

Speaker Moves To Have House of Representatives Defend DOMA In Court

House Speaker John Boehner announced Friday that he was taking steps to have the House of Representatives intervene to defend the Defense of Marriage Act now that the President and the Attorney General have said that the Administration will not defend its constitutionality in court. (See prior posting.)  Boehner said he will convene the 5-member Bipartisan Legal Advisory Group which has the authority to instruct the House General Counsel to take legal action on behalf of the House. The New York Times yesterday reported on Boehner's action.

Clergy Group Supports Proposed Colorado Civil Unions Bill

With the first hearings set for Monday in the Colorado Senate on Senate Bill 172 that would permit same-sex civil unions, a group of 130 clergy have announced their support for the bill. A KWGN News report yesterday quotes Rabbi Joe Black, one of three leaders from different faiths representing the bill's supporters, who said:

You're going to be hearing opposition to this bill from faith communities. And we just wanted you to know that that's not the only voice that is out there.... For too long the loudest voice from the religious community in regard to GLBT community has been that of condemenation and denunciation -- and that needs to change.

United Methodist Rev. Kerry Greenhill echoed those sentiments, saying: "God loves all people equally as children of God. It is not a sin to be GLBT." The bill, while permitting civil unions, provides that no member of the clergy is required to certify a civil union in violation of their free exercise of religion and no child placement agency is required to place a child for adoption with a couple that has entered a civil union.

Indonesian Provinces Place New Restrictions on Ahmadiyah

In Indonesia, the governor of the province of West Java yesterday issued a gubernatorial regulation (No. 12 of 2011) banning all public activities by the 17,000 members of the Ahmadiyah sect in the province.  Today's Jakarta Globe reports that the action is seen as implementing an Indonesian 2008 joint ministerial decree that bars the Ahmadiyah from spreading their faith. (See prior posting.) The West Java regulation prohibits the Amidaiyah from spreading their beliefs orally, in writing or through electronic media. It requires that all signs identifying mosques, schools or other facilities as Ahmadiyah be taken down. Ahmadiyah mosques are declared as mosques open to all Muslims and religious authorities will organize Muslim events at the mosques. However the regulation also prohibits individuals outside the Ahmadiyah community from carrying out unlawful action against them, hoping to prevent violence against Ahmadiyah which has occurred in the past.  Instead the public is supposed to report any violations of the new regulation to authorities. East Java issued a similar regulation earlier this week and, according to the Jakarta Post, South Sulawesi issued a similar decree yesterday. Many Muslims consider the Ahmadiyah heretical because they do not believe that Muhammad was the last prophet.

Military Backs Off Equal Support For Non-Religious Rock Concert

Last September, the U.S. Army base at Ft. Bragg (NC) hosted the controversial "Rock the Fort" concert sponsored by the Billy Graham Evangelistic Association.  Groups such as Americans United complained that the concert was designed to proselytize soldiers and community members. (See prior posting.) In response to complaints, military authorities said they would give a comparable level of support to concerts sponsored by non-Christian groups. So secularists planned a "Rock Beyond Belief" concert that would feature noted British atheist Richard Dawkins as a keynoter and would include remarks from Mikey Weinstein of the Military Religious Freedom Foundation. However, according to a report yesterday from AP, concert organizers (who include Sgt. Justin Griffith) have now called off their plans because the Army is not giving them the same level of support as it did to last year's Christian event. Authorities are requiring that the concert take place at one of two indoor theaters rather than allowing a large outdoor event with games and activities. Also the base refuses to cover any of the expenses of the concert, even though it spent $54,000 toward the cost of Rock the Fort. Finally authorities said any concert ads would be required to carry a disclaimer indicating that Ft. Bragg was not endorsing th event, even though it did endorse Rock the Fort. MMRF's Weinstein said his group plans to file suit over Ft. Bragg's actions.

UPDATE: God and Country blog carries a posting giving the Army's side of the story on the issue.

Fired Prison Chaplain Settles Her Claim Against Minnesota

Yesterday's Minneapolis Star Tribune reports on a settlement that has been reached in a lawsuit filed by a former Minnesota prison chaplain who says she was fired for speaking out against the state's use of the InnerChange Freedom Initiative program which she believed would violate the Establishment Clause by promoting evangelical Christianity. (See prior posting.) State prison officials deny that this was their reason for firing Presbyterian minister Kristine Holmgren. They say it was because of a change in the classification of her job.  Under the settlement, Holmgren will receive $227,500.  However the controversial InnerChange program continues to operate in two Minnesota prisons.

Designer Galliano To Be Charged By French Prosecutors Over Anti-Semitic Statements

Fashion designer John Galliano, fired by Christian Dior for making anti-Semitic remarks during an argument at a Paris bar (background), will be placed on trial by French authorities on charges of inciting racial hatred. Yesterday's New York Times reports that the trial which will take place between April and June could lead to $31,000 (US) in fines and up to six months in prison. Through his London Lawyer's office yesterday, Galliano apologized for his remarks. He has left France to enter an alcohol rehabilitation program. Meanwhile, according to the Huffington Post last week, Galliano has filed a defamation action against the couple accusing him of making the anti-Semitic remarks.

New York City Passes Law Requiring Disclosures By Crisis Pregnancy Centers

The New York Times reports that yesterday New York City Council passed Int. No. 371 which requires crisis pregnancy centers that do not provide abortion or contraceptive services to disclose these facts (in Spanish and English) on a sign in their waiting room, on their website and in any ads. They must also disclose on a waiting room sign that licensed medical providers are not available, where that is the case. The bill passed council by a vote of 39- 9 with one abstention, and a spokesperson for Mayor Michael Bloomberg says the mayor will sign the bill.  Opponents of the bill say it is an unconstitutional regulation of speech. A federal district court in Maryland recently struck down a similar Baltimore ordinance, finding that it is a viewpoint based regulation. (See prior posting.)  The director of the New York Civil Liberties Union, however, defended the New York City bill as one directed at preventing deceiving women into thinking they have been to a doctor when employees who offer ultrasound exams are dressed in medical scrubs. [Thanks to Scott Mange for the lead.]

Suit Challenges Prayer At Vermont Town Meeting

The ACLU of Vermont reported yesterday that it has filed suit in state court on behalf of a resident of Franklin, Vermont challenging the town's practice of incorporating a Christian prayer as part of the annual town meeting at  which town officers are elected and other public business conducted. The complaint (full text) in Hackett v. Town of Franklin, (VT Super. Ct., filed 3/1/2011), alleges that the prayer violates Chap. I, Art. 3 of the Vermont Constitution that provides no person can be compelled to attend any religious worship contrary to dictates of conscience. The complaint also alleges that the invocation violates the state's public accommodations act by refusing to permit plaintiff to avail herself of the town meeting on equal terms with others because of her religious beliefs.  The ACLU's website includes audio recordings off the prayers at issue. WCAX yesterday reported on the lawsuit.

In Turkey, Minority Religious Groups Face Obstacles In Opening Places of Worship

Forum 18 reported yesterday on the continuing problems faced by minority religious communities in Turkey in establishing and maintaining formally recognized places of worship. The most significant problem is that of the large Alevi community who want their cemevi to be formally recognized by the state as houses of worship. (See prior related posting.) The ruling AKP party is working on a solution. Also the Caferi-- who are closer to Shia Islam-- want their own mosques and clergy.  Currently only the state-run Diyanet-- which is Sunni controlled-- can open mosques and administer them. Various Christian groups are also facing problems in opening or maintaining their places of worship. While these various groups can have informal places of worship, without recognition they do not get various tax exemptions. Also calling non-recognized buildings houses of worship can lead to prosecution.

Amendments Proposed To Kentucky Anti-Bullying Bill To Protect Anti-Gay Language

Last month, six members of Kentucky's House of Representatives introduced HB 370, a bill that would require school discipline codes to prohibit bullying and cyberbullying directed at a student's race; religion; national origin; ancestry or ethnicity; sexual orientation; physical, mental, emotional, or learning disability;  gender; gender identity and expression; or other distinguishing personal characteristic. (Legislative history.)  Last week, two legislators introduced amendments to the bill designed to protect religiously motivated anti-gay speech. One of the amendments would provide that school discipline codes may not "prohibit any student from expressing ... personal religious beliefs so long as that expression does not include physically harming a student or damaging a student's property". An alternative proposed amendment provides: "Nothing in this Act shall be construed to prohibit or deny the civil expression by any student of religiously based opinions on issues related to sexual orientation." WHAS reports that after being reported out of committee, the bill is now stalled in the House.

Plaintiffs Lack Standing To Challenge Procedure For Omitting Social Security Numbers In Drivers Licence Applications

In Baer-Stefanov v. White, 2011 U.S. Dist. LEXIS 19139 (ND IL, Feb. 25, 2011), an Illinois federal district court dismissed for lack of standing a challenge to provisions in Illinois' drivers license law that set up procedures for obtaining a religious exemption so an applicant can obtain a license without furnishing a social security number.  Plaintiffs' personal religious beliefs prevent them from using social security numbers because they consider the numbers the mark of the beast prohibited by Revelations 13. However plaintiffs were informed by an attorney in the Secretary of State's office that an exemption would be granted only if an applicant submitted a state form signed by a religious leader who attested that use of a social security number was barred by the beliefs of  his or her religious sect and that the applicant was a member of that sect. Plaintiffs never actually applied for a license because their religious sect leaves beliefs regarding social security numbers to the individual consciences of members. Instead plaintiffs sued alleging that the limitation on the availability of the exemption violated their free exercise and equal protection rights. The court held that because plaintiffs never applied for a religious exemption, and thus have not been denied one, their injury is only threatened, not actual. Had they applied, the Secretary of State might have exercised discretion to treat individual religious convictions the same as beliefs of an entire sect.

Westboro Responds To Its Supreme Court Win

ABC News reports on the less than gracious response of Margie Phelps, lead counsel for Westboro Baptist Church, to her win today in the Supreme court. (See prior posting.)  Phelps, daughter of the church's pastor, said of the protests that the Supreme Court found protected by the 1st Amendment:

We are trying to warn you to flee the wrath of God, flee the wrath of destruction. What would be more kind than that.... Shut up all that talk about infliction of emotional distress. When you're standing there with your young child's body bits and pieces in a coffin you've been dealt some emotional distress by the Lord your God.... I very much appreciate the fact that I get to be the mouth of God in this matter.

Church leaders say they now plan to quadruple the number of protests around the country that they carry out.

Pakistani Cabinet Member Assassinated Over His Opposition To Blasphemy Law

CNN reports that Shahbaz Bhatti, Pakistan's minister of minority affairs, was assassinated today.  The Taliban claimed responsibility for the fatal shooting of Bhatti, the only Christian member of Pakistan's cabinet.  A Taliban spokesman said that the assassination "is a message to all of those who are against Pakistan's blasphemy laws." Bhatti has been an outspoken critic of the use made of Pakstan's blasphemy ban, saying presciently: "I am ready to sacrifice my life for the principled stand I have taken because the people of Pakistan are being victimized under the pretense of blasphemy law." Dawn has more details on the shooting that took place while Bhatti was being driven to work in Islamabad.

Supreme Court Rules In Favor of Westboro Baptist Church Anti-Gay Funeral Picketers

The U.S. Supreme Court today ruled in an 8-1 decision that Westboro Baptist Church and its members are shielded by the First Amendment from tort liability for their picketing of the funeral of Marine Lance Corporal Matthew Snyder who was killed in Iraq.  Westboro pickets military funerals around the country, often carrying sings criticizing U.S. tolerance for homosexual conduct.  In Snyder v. Phelps, (Sup. Ct., March 2, 2011), the majority, in an opinion written by Chief Justice Roberts, overturned the jury's verdict that had found for Snyder's father on his claims for intentional infliction of emotional distress, intrusion upon seclusion and civil conspiracy. Here are some excerpts from the majority opinion:

The picket signs reflected the church’s view that the United States is overly tolerant of sin and that God kills American soldiers as punishment.... The “content” of Westboro’s signs plainly relates to broad issues of interest to society at large, rather than matters of “purely private concern.”... While these messages may fall short of refined social or political commentary, the issues they highlight—the political and moral conduct of the United States and its citizens, the fate of our Nation, homosexuality in the military, and scandals involving the Catholic clergy—are matters of public import....

The fact that Westboro spoke in connection with a funeral ... cannot by itself transform the nature of Westboro’s speech. Westboro’s signs, displayed on public land next to a public street, reflect the fact that the church finds much to condemn in modern society....

Westboro’s choice to convey its views in conjunction with Matthew Snyder’s funeral made the expression of those views particularly hurtful to many, especially to Matthew’s father. The record makes clear that the applicable legal term—“emotional distress”—fails to capture fully the anguish Westboro’s choice added to Mr. Snyder’s already incalculable grief. But Westboro conducted its picketing peacefully on matters of public concern at a public place adjacent to a public street. Such space occupies a “special position in terms of First Amendment protection.”...

The record confirms that any distress occasioned by Westboro’s picketing turned on the content and viewpoint of the message conveyed, rather than any interferencewith the funeral itself. A group of parishioners standingat the very spot where Westboro stood, holding signs that said “God Bless America” and “God Loves You,” would not have been subjected to liability. It was what Westboro said that exposed it to tort damages....

Snyder argues that even assuming Westboro’s speech is entitled to First Amendment protection generally, the church is not immunized from liability for intrusion upon seclusion because Snyder was a member of a captive audience at his son’s funeral.... Here, Westboro stayed well away from the memorial service. Snyder could see no more than the tops of the signs when driving to the funeral. And there is no indication that the picketing in any way interfered with the funeral service itself. We decline to expand the captive audience doctrine to the circumstances presented here.

While joining the majority opinion, Justice Breyer also filed a concurring opinion emphasizing his understanding that there might be some situations outrageous enough that a state could permit recovery for intentional infliction of emotional distress for a verbal assault, even when it was launched to call attention to views on a matter of public concern.

Justice Alito was the sole dissenter. In his opinion, he argued that while Westboro members have many means to express their views:

It does not follow, however, that they may intentionally inflict severe emotional injury on private persons at a time of intense emotional sensitivity by launching vicious verbal attacks that make no contribution to public debate.

Justice Alito emphasized the publicity seeking nature of Westboro's picketing strategy and focused on Westboro's post-funeral Internet posting that went beyond comments on matters of public concern and also attacked the Snyders personally.

The New York Times reports on the decision.

White House Faith-Based Office Hosts Conversation On Support For Military Families and Veterans

The White House Office of Faith-Based and Neighborhood Partnerships yesterday described a meeting it hosted last week exploring ways in which congregations and faith- and community-based organizations can support military families and veterans.  Representatives of local and national groups joined representatives from the Defense and Veterans Affairs Departments and the First Lady's Office in a four hour conversation aimed at expanding available tools.

7th Circuit Upholds Injunction Permitting "Be Happy, Not Gay" Slogan on Student Clothing

In Zamecnik v. Indian Prairie School District #204, (7th Cir., March 1, 2011), the U.S. 7th Circuit Court of Appeals upheld a trial court's entry of a permanent injunction permitting any student at a Naperville, Illinois high school  to display on clothing or personal items the slogan "Be Happy, Not Gay."  It also affirmed the trial court's award of damages of $25. The school had attempted to ban students from wearing the slogan on T-shirts under a rule that barred derogatory comments that relate to race, ethnicity, religion, gender or sexual orientation or disability.  The 7th Circuit had previously ordered the district court to enter a somewhat narrower preliminary injunction. (See prior posting.) The school now argued that it should have been entitled to a hearing to show that it had a reasonable belief it faced a threat of substantial disruption before a permanent injunction was entered. The 7th Circuit disagreed. The court relied in part on the "heckler's veto" doctrine-- that speech cannot be suppressed merely because those who disagree with it engage in threats or violence. Alliance Defense Fund yesterday issued a release discussing the decision.