Groups Push For Arlington Cemetery Monument To Jewish Chaplains

Chaplains Hill in Arlington National Cemetery contains the graves of a number of military chaplains and three monuments to chaplains-- one to chaplains who died in World War I; one to Protestant Chaplains who died in World Wars I and II; and a third to Catholic chaplains who died in World War II, Korea and Vietnam. However there is no monument to the 13 Jewish chaplains who have died on active duty since World War I. CNN reported earlier this month on the efforts of Jewish groups to obtain Congressional authorization for a monument to them. Private funds have already been raised and a design for the monument has been created. The Jewish Council for Public Affairs yesterday reported on progress so far:

In the House, through the urging of Representative Anthony Weiner (D-NY), Chairman Jeff Miller (R-FL) included the text of the Jewish chaplains resolution as part of H. R. 1627, a larger bill issuing guidelines for memorials at Arlington. The bill is expected to be voted on in the House on May 23rd.

The Senate Veterans Affairs Committee is similarly working on a larger bill regarding memorials at Arlington, and this committee also intends to include the Jewish chaplains resolution as part of this bill. The Senate is still collecting co-sponsors for S.Con.Res. 4, the Jewish chaplains resolution.

Waiter Charges Waldorf Astoria With Hostile Work Environment

The New York Observer reported yesterday on a hostile work environment lawsuit filed recently in state court by Mohamed Kotbi, a banquet waiter at New York City's Waldorf Astoria Hotel. Kotbi, who was born to an elite family in Morocco, has worked at the Waldorf for over 25 years. He says his problems began shortly after 9-11. When the hotel hosted a large memorial service for employees and family members of Bear Stearns, Kotbi's supervisor removed his "Mohamed" name tag and replaced it with one reading "John," telling Kotbi that they did not want to scare guests. Shortly after this incident, other waiters began to harass Kotbi, calling him names such as "al Queda boy." Kotbi twice has filed complaints with the EEOC. Sometimes Kotbi has been able to use his real name, but recently he again was told to wear a tag with a different name during a fund-raiser at the hotel for Friends of the Israeli Defense Forces. According to MyFoxNY, the Waldorf has issued a statement denying the charges and saying that Kotbi has a long history of unfounded workplace complaints.

Pro-Lifer Counterclaims Against DOJ, Claiming Interference With Speech and Free Exercise Rights

Last month, the U.S. Department of Justice filed a civil complaint under the Freedom of Access to Clinic Entrances Act against Angel Dillard, a Kansas woman who sent an intimidating letter to Wichita physician, Dr. Mila Means, who was training to offer abortion services. The letter read in part: "You will be checking under your car everyday- because maybe today is the day someone places an explosive under it." The lawsuit seeks an order barring Dillard from contacting the doctor or coming with 250 feet of her, her home, car or place of business. (Justice Dept. press release, 4/7/11). The Wichita Eagle and KNSS Radio News reported today that after a ruling last month by the court that while Dillard's letter was meant to intimidate, it was not a true threat, Dillard has filed a counter-claim seeking damages against the government. Her counter-claim alleges that the government's actions "have had, and continue to have an unlawful chilling effect on Defendant's and others' right to free speech and free exercise of religion." It also contends that the government has interfered with Dillard's right to worship where she chooses because her church is located less than 250 feet from Dr. Means' office.

New Study Focuses On Causes of Sexual Abuse By Priests

The New York Times and Religion News Service both have advance reports on a study that is to be released today by the U.S. Conference of Catholic Bishops titled The Causes and Context of Sexual Abuse of Minors by Catholic Priests in the United States, 1950-2010. The study was carried out by researchers at the John Jay College of Criminal Justice and was funded largely by the bishops and Catholic organizations.  Here are some excerpts for the RNS summary of the 150-page [corrected] study:

The first myth challenged by the study is that priests tend to be pedophiles. Of nearly 6,000 priests accused of abuse over the past half century (about 5 percent of the total number of priests serving during that period), less than 4 percent could be considered pedophiles, the report notes—that is, men who prey on children....

Second, the researchers found no statistical evidence that gay priests were more likely than straight priests to abuse minors.... The disproportionate number of adolescent male victims was about opportunity, not preference or pathology, the report states.

What’s more, researchers note that the rise in the number of gay priests from the late 1970s onward actually corresponded with “a decreased incidence of abuse—not an increased incidence of abuse.”

Similarly, celibacy remained a constant throughout peaks and valleys of abuse rates, and priests may be less likely to abuse children today than men in analogous professions.... Better preparation for a life of celibacy is key, however, and improved seminary training and education in the 1980s corresponds to a “sharp and sustained decline” in abuse since then—a dramatic improvement that has often been overlooked.

The huge spike in abuse cases in the 1960s and 1970s, the authors found, was essentially due to emotionally ill-equipped priests who were trained in earlier years and lost their way in the social cataclysm of the sexual revolution.

UPDATE: Here is the full text of the report, along with a press release from the Conference of Bishops and other related material.

100,000 Want Religious Education As Part of British Core School Subjects

Last year, Britain's Department of Education introduced the English Baccalaureate which ranks schools according to students' performance in five key subjects-- English, mathematics, history or geography, the sciences and a language. BBC reports today that a petition containing more than 100,000 signatures was handed to the government this week demanding that Religious Education be added to the core subjects. Religious leaders have argued that without this, a generation of children will have no knowledge of the role of faith in society. Proponents say the petition should lead to a Parliamentary debate in line with promises by the Prime Minister during the election that any petition receiving over 100,000 signatures would be eligible for Parliamentary debate.

Catholic Hospital Is Exempt From Washington State Anti-Discrimination Law

In Harris v. Providence Everett Medical Center, (WA App., May 16, 2011), a Washington state appellate court held that a hospital whose parent company is sponsored by a Catholic religious order, the Sisters of Providence, comes within the statutory exemption (RCW 49.60.040(11)) in the state's anti-discrimination law for non-profit "religious or sectarian" organizations. Plaintiff in the case, who claimed pregnancy discrimination, had argued that the hospital was estopped from asserting the religious exemption because of non-discrimination promises made in its employee handbook, but the court found she did not show that she was ever given a copy of the handbook or that the policy in it, as opposed to that in the union's collective bargaining agreement, applied to her.

Group Promotes Options For Prayer At Graduation Ceremonies

Liberty Counsel yesterday announced its Ninth Annual "Friend or Foe" Graduation Prayer Campaign designed to "educate and, if necessary, litigate to ensure that prayer and religious viewpoints are not suppressed during graduation ceremonies." A legal memo that the group has produced says:

Prayer can still be conducted at public school graduations if school officials use secular criteria to invite the speaker, and once there, the speaker voluntarily prays. A valedictorian, salutatorian, or class officer can also voluntarily pray as part of the ceremony. The student body can elect a class chaplain or elect a class representative for the specific purpose of prayer. Part of the school program can be given over to the students and therefore be student-led and student-initiated. A parent and/or student committee can create and conduct part of the ceremony and, therefore, avoid state involvement. The ceremony can be conducted off the school premises by private individuals, and therefore no state involvement would occur. The school may also adopt a free speech policy which allows the senior class an opportunity to devote a few minutes of the ceremony to uncensored student speech that can be secular or sacred. Finally, private individuals can sponsor public school graduations on or off the public campus.

Moldova Registers Muslim Group

Radio Free Europe yesterday reported on reaction to the decision by Moldova's Justice Ministry last month to officially register the Islamic League as an NGO representing Moldova's Muslims.The head of the Orthodox Church, Metropolitan Vladimir, called the recognition "a humiliation" for the country's Christians.  Opposition to the recognition has become an issue used by the county's conservative Communist Party to consolidate its base in advance of June's local elections.

4th Circuit Oral Arguments In County Commissioners' Prayer Case Now Available

The U.S. Fourth Circuit Court of Appeals now has posted online a recording of the oral arguments in Joyner v. Forsyth County, North Carolina. In the case, a federal district court ruled that the Forsyth County Board of Commissioners' invocation policy, as implemented, violates the Establishment Clause because they advance one particular faith and have the effect of affiliating the Board with that faith. (See prior posting.) Last week's Christian Post reports on the oral arguments. Don Byrd also has transcribed excerpts from the arguments.

Fired Church Bookkeeper's Suit Dismissed; Involves Church Discipline of Priests

The Louisville (KY) Courier-Journal reports that a Jefferson County (KY) state court judge has dismissed a lawsuit brought by a former bookkeeper at Louisville's St. Therese Catholic Church who claims she was fired for objecting to the fact that a priest who was on probation for sexually abusing a teenager was residing on parish property in violation of Archdiocese policy. (See prior posting.)  The court said in part:

The plaintiff's claims … all stem from their disagreement with how the Archdiocese of Louisville has dealt with priests who have either been convicted of, or accused of sexual misconduct.… State civil courts do not have authority to decide these disputes.

Pakistan Court Orders Shrine To Open At Night For Observance

In Pakistan, authorities have been closing Lahore's Shrine of Hazrat Bibi Pak Daman for security reasons after 8:00 p.m. each night.  Yesterday's Daily Times of Pakistan reports that a lawsuit has been filed challenging the closure as a violation of religious freedom because Muslims have the obligation to recite the Qur'an and offer prayers during the night. Yesterday the Lahore High Court issued an interim order granting partial relief. It ordered authorities to keep the shrine open all night on the annual urs-- the death anniversary of the saint honored by the shrine.

Civil Rights Commission Holds Hearing on Bullying as Colorado Governor Signs New Law

Last Friday, the U.S. Commission on Civil Rights held a briefing on the federal response to Peer-to-Peer Violence and Bullying. According to the release announcing the briefing, it was to concentrate on bullying where students are targeted due to their race, national origin, religion, disability, gender, or LGBT-status. A two-hour long video of testimony by numerous witnesses at the briefing has been posted online by the Commission. Meanwhile, on Friday Colorado became the 12th state to enact anti-bullying legislation as Gov. John Hickenlooper signed HB 1254 that focuses on bullying, including cyber-bullying, of students. The new law defines bullying broadly, but provides that it is not intended to prevent the expression of religious, political or philosophical views. Fox31 News and Passport Magazine both report on the new law. [Thanks to Michael Lieberman for the lead.]

Vatican Gives Bishops One Year To Develop Guidelines To Deal With Sex Abuse

Zenit reported yesterday that the Vatican's Congregation for the Doctrine of the Faith has instructed each country's Conference of Bishops to develop guidelines for dealing with sexual abuse of minors by clergy or members of religious orders.  In order to assist, the Vatican has released a Circular Letter that sets out suggested principles that should be reflected in these guidelines. An Introduction to the Abuse Guidelines by Cardinal Levada gives Bishops a May 2012 deadline for the submitting their guidelines to the Vatican. A summary of the Vatican's actions was also released by the Vatican Press Office. The Circular Letter suggests in part, the following principles:

The Church, in the person of the Bishop or his delegate, should be prepared to listen to the victims and their families, and to be committed to their spiritual and psychological assistance....

The accused cleric is presumed innocent until the contrary is proven.

Nonetheless the bishop is always able to limit the exercise of the cleric’s ministry until the accusations are clarified. If the case so warrants, whatever measures can be taken to rehabilitate the good name of a cleric wrongly accused should be done

.... Sexual abuse of minors is not just a canonical delict but also a crime prosecuted by civil law. Although relations with civil authority will differ in various countries, nevertheless it is important to cooperate with such authority within their responsibilities. Specifically, without prejudice to the sacramental internal forum, the prescriptions of civil law regarding the reporting of such crimes to the designated authority should always be followed. This collaboration, moreover, not only concerns cases of abuse committed by clerics, but also those cases which involve religious or lay persons who function in ecclesiastical structures.

Church's Challenge To Exclusion From Jail's Treatment Programs Is Dismissed

The Santa Rosa (FL) Press Gazette reports that last week a Florida federal district court dismissed a civil rights lawsuit that had been brought against the Santa Rosa County (FL) Sheriff's Office by a church and its pastor. The First Apostolic Church of Milton and its pastor Larry Webb claimed that the county jail's Interfaith Ministries Board and Sheriff Wendell Hall had excluded the church's substance abuse treatment program from the jail because of doctrinal differences over proper baptism rites. (See prior posting.) The jail's chaplain, however, says that the Church refused to permit anyone from the Interfaith Ministries Board to work with the program. Only members of the First Apostolic Church could run the classes. The jail changed treatment programs when the church stopped furnishing class rosters to the jail.

Cert. Denied In Challenge To Oath At Presidential Inauguration

Yesterday the U.S. Supreme Court denied certiorari in Newdow v. Roberts, (Docket No. 10-757, 5/16/2011). (Order List.) In the case, the D.C. Circuit Court of Appeals dismissed an Establishment Clause challenge to prayer and the use of "so help me God" by the Chief Justice in administering the oath at Presidential inauguration ceremonies. Two Circuit court judges voted to dismiss on mootness and standing grounds, while the third voted to dismiss on the merits. (See prior posting.) Chief Justice Roberts, who was one of the defendants in the case, did not take part in the Supreme Court's decision to deny review. The Christian Science Monitor reports on the decision. [Thanks to Bob Ritter for the lead.]

Cert. Granted In Case That May Impact Prisoner Free Exercise Claims

Today the U.S. Supreme Court granted certiorari in Minneci v. Pollard, (Docket No. 10-1104) (Order List) to determine the extent to which prisoners may bring Bivens actions for violation of their constitutional rights against employees of private companies that contract with the federal government to operate federal prisons where the company employees have no direct employment relationship with the government. (Petition for certiorari.)  The 9th Circuit held that an action could be brought by an inmate against guards employed by the private contractor who failed to take account of plaintiff's injured arm in their treatment of him. (Background from SCOTUS Blog.) While the case does not directly raise prisoner free exercise issues, many prisoner free exercise claims involve religious diets in prisons where the food service is handled by outside contractors. The availability of a free exercise claim against these employees may well be impacted by the court's ultimate decision in Minneci. However, separately, damage claims in these free exercise cases are significantly limited by the provision in 42 U.S.C. § 1997e(e) that precludes a prisoner from bringing an action for mental or emotional injury without a showing of physical injury as well.

Students Offered Prayer Before Public School Tests At Church

Atlanta's WSBTV last week reported on concerns of some parents about activities of members of Lilburn, Georgia's Mountain Park First Baptist Church.  Gwinnett County's Parkview High School was using the church building on Wednesday and Thursday for Advanced Placement testing because of space and crowding concerns at the school. As students entered the church building, church volunteers approached them offering to pray with them.  School officials asked the church to stop the practice, but apparently it continued on Thursday. The church's pastor said: "We never thought that would be an issue. We thought being able to help anybody particularly on a testing would be helpful to them."

Recent Articles and Books of Interest

From SSRN:

• Robin Bradley Kar, The Two Faces of Morality: How Evolutionary Theory Can Both Vindicate and Debunk Morality (with a Special Nod to the Growing Importance of Law), (Nomos: Evolution and Morality, New York University Press, 2012).
• William P. Marshall, Smith, Christian Legal Society, and Speech-Based Claims for Religious Exemptions from Neutral Laws of General Applicability, (Cardozo Law Review, Vol. 32, No. 5, 2011).
• Laura Underkuffler, Odious Discrimination and the Religious Exemption Question, (Cardozo Law Review, Vol. 32, No. 5, 2011).
• Andrew M. M. Koppelman, How Shall I Praise Thee? Brian Leiter on Respect for Religion, (San Diego Law Review, Vol. 47, No. 4, 2010).
• Matthew L. M. Fletcher and Peter S. Vicaire, Indian Wars: Old and New, (MSU Legal Studies Research Paper No. 09-11, May 4, 2011).
• Christopher C. Lund, Exploring Free Exercise Doctrine: Equal Liberty and Religious Exemptions, (Tennessee Law Review, Vol. 77, p. 351, 2010).
• Jessie Hill, Whose Body? Whose Soul? Medical Decision-Making on Behalf of Children and the Free Exercise Clause Before and After Employment Division v. Smith, (Cardozo Law Review, Vol. 32, p. 1857, 2011).
• Marci A. Hamilton, Employment Division v. Smith at the Supreme Court: The Justices, the Litigants, and the Doctrinal Discourse, (Cardozo Law Review, Vol. 32, No. 5, 2011).
• Austin Caster, 'Charitable' Discrimination: Why Taxpayers Should Not Have to Fund 501(c)(3) Organizations that Discriminate Against LGBT Employees, (May 7, 2011).

From SmartCILP:

• Nicole McLaughlin, Spectrum of Defamation of Religion Laws and the Possibility of a Universal International Standard, 32 Loyola Los Angeles International and Comparative Law Review 395-426 (2010).

Recent Books:

• Syed Iqbal Zaheer (ed.), An Educational Encyclopedia of Islam, (East West Educational Tools, 2010), reviewed in OnIslam.
• Leila Ahmed, A Quiet Revolution--The Veil’s Resurgence, from the Middle East to America, (Yale Univ. Press, April 2011).

Court Rejects Challenge To Religious Workers Visa Rules

In Ruiz-Diaz v. United States, 2011 U.S. Dist. LEXIS 50433 (WD WA, May 10, 2011), a Washington federal district court rejected a challenge to immigration rules that treat religious workers applying to adjust their immigration status to become permanent residents differently from those in various other employment-based preference categories. Special immigrant visa holders, including religious workers, are precluded from filing their own form I-485 application until U.S. Citizenship and Immigration Service has approved their employer's Form I-360 petition on their behalf.  This creates a risk of the alien being treated as unlawfully present in the country-- a designation that is triggered if the I-485 is not on file before the alien's original 5-year visa period expires. Other aliens may file a Form I-485 concurrently with an employer's Form I-360. The court rejected plaintiffs' class action RFRA and Free Exercise claims, finding that plaintiffs had not shown a substantial burden on their free exercise of religion. It rejected plaintiffs' equal protection claim, finding that the rule was rationally related to deterring fraud. The court also rejected plaintiffs' due process challenge.

Recent Prisoner Free Exercise Cases

In Mack v. Yost, (3d Cir., May 6, 2011), the 3rd Circuit reversed the district court's dismissal of Muslim prisoner Charles Mack's free exercise and RLUIPA claims. Mack, who worked in the prison commissary, alleged that a corrections officer placed a sign reading "I Love Bacon" on Mack's back, and two days later said to Mack that "there is no good Muslim, except a dead Muslim." Mack alleged he was fired from his commissary job for complaining about the officer's actions. AP reports on the decision.

In Thomas v. Croft, 2011 U.S. Dist. LEXIS 48442 (SD OH, May 4, 2011), an Ohio federal magistrate judge recommended denial of a motion for summary judgment filed by plaintiff, a Seventh Day Adventist prisoner, because there are genuine issues of material fact as to whether a corrections officer who field a misconduct report was aware that plaintiff's religious beliefs conflicted with his working after sunset on Friday and because it is unclear whether plaintiff was actually denied a religious accommodation.

In Massenburg v. Adams, 2011 U.S. Dist. LEXIS 48633 (ED VA, May 5, 2011), a Virginia federal magistrate judge dismissed a lawsuit brought by a Hebrew Israelite prisoner who sought damages of over $2 million per defendant, claiming that he was required to work on July 22, 2006, the Sabbath of his religion.

In Johnson v. Bradford, 2011 U.S. Dist. LEXIS 48719 (D NJ, May 5, 2011), a New Jersey federal district court dismissed a claim by a Muslim prisoner that his free exercise and RLUIPA rights were violated when the coordinator of the prison's NuWay Program made mocking remarks about Islam and mimicked an Arabic prayer.

In Hall v. Hedgpeth, 2011 U.S. Dist. LEXIS 48588 (ND CA, May 4, 2011), a California federal district court allowed an inmate to move ahead with his claim against the prison chaplain and resource manager seeking religious services, religious materials and chapel study time for members of the Reformed Christian or Calvinist religion separate from the non-denominated Protestant services and study. The case was referred to the Pro Se Prisoner Settlement Program.

In Saldana v. Borem, 2011 U.S. Dist. LEXIS 48624 (SD CA, May 3, 2011), a California federal district court permitted an inmate to move ahead with his complaint that authorities had confiscated his "cultural/ religious art."

In Handy v. Diggins, 2011 U.S. Dist. LEXIS 48784 (D CO, May 6, 2011), a Colorado federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 48780, March 23, 2011), and permitted a Muslim inmate who sought kosher meals in jail where he was previously held to move ahead with his punitive damage claim and permitted him to file some amendments to his complaint.  A number of his claims-- including those for compensatory damages and injunctive relief-- were dismissed.

In St. Clair v. Moon, 2011 U.S. Dist. LEXIS 48941 (WD WA, May 6, 2011), a Washington federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 49089, March 29, 2011) and dismissed a former inmate's claim that his religious rights were violated when he was transferred to another unit for refusing on religious grounds to participate in a Treatment Community for mentally ill offenders. He raised religious issues only after he was cited for other infractions of TC rules.

In Calderon-Silva v. Uribe, 2011 U.S. Dist. LEXIS 49266 (CD CA, May 4, 2011), a California federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 49270, March 10, 2011) and  dismissed a prisoner's claim that he was required, in violation of the Establishment Clause, to attend a faith-based AA and NA program as a condition of parole.

In Rivera v. Hartley, 2011 U.S. Dist. LEXIS 50028 (ED CA, May 9, 2011), a California federal magistrate judge recommended denying an inmate's claim in a habeas corpus proceeding that he was required by state officials to participate in a faith-based AA/NA program as a condition of parole.

Boehner Addresses Catholic University's Commencement Without Mentioning Protest Letter From Catholic Faculty

CNN reports that House Speaker John Boehner delivered the commencement speech at Catholic University in Washington, D.C. yesterday without mentioning a protest letter sent to him earlier last week by 70 faculty members from Catholic University and other Catholic colleges around the country.  The letter (full text) criticizes cuts in aid for the poor in the 2012 budget passed by the House with Boehner's support. It reads in part:

It is good for Catholic universities to host and engage the thoughts of powerful public figures, even Catholics such as yourself who fail to recognize (whether out of a lack of awareness or dissent) important aspects of Catholic teaching. We write in the hope that this visit will reawaken your familiarity with the teachings of your Church on matters of faith and morals as they relate to governance.

Mr. Speaker, your voting record is at variance from one of the Church’s most ancient moral teachings. From the apostles to the present, the Magisterium of the Church has insisted that those in power are morally obliged to preference the needs of the poor. Your record in support of legislation to address the desperate needs of the poor is among the worst in Congress. This fundamental concern should have great urgency for Catholic policy makers. Yet, even now, you work in opposition to it.

The 2012 budget you shepherded to passage in the House of Representatives guts long-established protections for the most vulnerable members of society.

Florida Imam Arrested On Terrorism Charges As He Ends Prayers In His Mosque

The Miami Herald describes Saturday's arrest of a 76-year old imam at Miami, Florida's Flagler Mosque on charges of conspiring to transfer funds to supporters of the Pakistani Taliban-- a designated foreign terrorist organization operating in Pakistan. An indictment (full text) handed down May 12 charges Hafiz Muhammad Sher Ali Khan with conspiring with four family members and a fifth Pakistani man to funnel money through U.S. banks and wire transfer services to the Taliban to use to purchase guns and sustain militants and their families. It also charges that Khan founded a madrassa in Pakistan that shelters Pakistani Taliban. (Justice Dept. Press Release). In arresting Khan, FBI agents surrounded his mosque. The agents, who had removed their shoes, waited for morning prayers to end before entering the mosque and making the arrest.

Huckabee Will Not Seek Republican Presidential Nomination

The New York Times reports that former Arkansas Governor Mike Huckabee announced on his Fox News program tonight that he will not seek the Republican nomination for President. (Video of Huckabee's announcement.) Huckabee, an ordained Baptist minister, said that his decision was ultimately a spiritual one, and that it was unthinkable for him to undertake a run "apart from an inner confidence that I was undertaking it with God’s full blessing." According to the Times report: "Had Mr. Huckabee entered the race, he would have been filling a perceptible void in the Republican field by becoming the presumed candidate of evangelicals, whose social issues have been largely swept aside as both parties focus most acutely on the economy and government spending."

White House Issues New Guide on Opportunities For Faith-Based Groups

The White House announced last Wednesday that its Office of Faith-Based and Neighborhood Partnerships has produced a new publication, Partnerships for the Common Good: A Partnership Guide for Faith-Based and Neighborhood Organizations. The new 74-page Guide is intended to give local faith-based organizations and community leaders a list of opportunities they can pursue in partnering with governmental agencies to meet a variety of local needs.

Two Arrested In Plot To Bomb New York Synagogues

In New York City yesterday, the District Attorney's Office for New York County announced the arrest of two men charged with conspiracy to commit terrorism and with weapons and hate crimes offenses in a plot to bomb synagogues in Manhattan. According to the press release, the defendants: "discussed learning to make bombs and planned visits to Manhattan’s largest synagogues, intending to disguise themselves as Jewish worshippers, attend services at a synagogue and, while pretending to pray, leave a bomb in the synagogue." The complaint (full text) outlines the six-month under cover operation targeting the two who were immigrants from Algeria and Morocco respectively.

Bangladesh Supreme Court Allows Fatwas, But Excludes Enforcement Measures

Bangladesh's Supreme Court yesterday reversed a lower court's ruling that had banned the issuance of fatwas (religious edicts) by village councils (shalish). (See prior related posting.) However the Supreme Court's decision severely limits the issuance and enforcement of fatwas.  As reported by AFP, Gulf News and The Financial Express, the Supreme Court, in a split opinion, ruled that fatwas may be issued only by those who are properly educated, and  "no punishment, including physical violence and/or mental torture in any form" may be used to enforce a fatwa. This precludes the practice of caning and beating women to enforce religious rulings-- a practice that had prevailed in some villages. The court also ruled that no fatwa can infringe individual rights that are protected by civil law.

Judge Charged With Improperly Introducing Religion Into Pending Case

The Florida Judicial Qualifications Commission last Monday filed a Notice of Formal Charges against 5th Judicial Circuit Judge William Singbush.  As reported by the Ocala (FL) Star-Banner, in addition to tardiness and lengthy smoke breaks, Singbush is charged with improperly introducing religion and religious beliefs into his decision making in a case before him. In the case, the judge, on his own initiative, obtained a criminal background check on a key witnesses. When counsel for one of the parties moved for a mistrial, Singbush said:

I don’t know of anybody that’s made a mistake—and except for perhaps one, and for that we murdered him. You know, he was faultless and we murdered him for it. That’s not politically correct but I happen to believe in God.... Christ is the intercessor.

Demjanjuk Convicted In Germany; Sentenced To 5 Years; Released Pending Appeal

The Jerusalem Post reports that a court in Munich, Germany yesterday convicted 91-year old John Demjanjuk of assisting in the murder of 27,900 Jews in Poland as a guard at the Nazi Sobibor extermination camp. Demjanjuk was sentenced by the court to 5 years in prison, but was immediately released pending appeal. Legal proceedings have been in progress for decades in the United States, Israel and Germany against Demjanjuk, who lived for years as an auto worker near Cleveland, Ohio.

Local Indonesian Government Bans 4 NGOs, Alleging Proselytizing

The Jakarta Globe reported yesterday that  the Aceh Jaya regency in Indonesia has banned four NGOs-- that have been providing relief since the 2004 tsunami-- from continuing to operate. Residents had complained that the NGOs were attempting to convert Muslims, and the Aceh Jaya government says that an investigation by Ulema Consultative Assembly confirmed that "these foundations were attempting to put down and shove aside the essence of Islamic teachings in Aceh Jaya." The four NGOs involved are the Adventist Development and Relief Agency, the Tangan Peduli Foundation (an organization focused on irrigation projects and furnishing farmers seeds), the Fajar Harapan Foundation, and Cipta Fondasi Komunitas (connected with Baptist World Aid Australia). The organizations that could be reached by the media deny the charges.

Note to Readers: Technical Issues Hopefully Being Resolved

Regular readers may have noted that Thursday's postings have disappeared and there were no postings Friday morning. Google's Blogger-- the platform I use for publishing Religion Clause-- had a major crash yesterday. In an attempt to recover, Google reverted to a version that eliminated items that were posted after Wednesday afternoon. Also I have been unable to post new items until now.  Today's posts will be placed online this afternoon. Google promises to restore Thursday's posts. Let's hope they do. So far, Google has given little information as to why the technical problems occurred.

UPDATE: Here is Google's explanation. As of 3:30 EDT Friday, the missing posts were not yet restored by Blogger.

UPDATE2: The missing posts have now all been restored.

Gingrich Will Emphasize Religion In His Bid For Presidential Nomination

Newt Gingrich announced through Twitter yesterday that he is officially launching a run for the 2012 Republican Presidential nomination.  The Seattle Times reports that his campaign is likely to focus on his new found interest in religion in laying out his fiscally and socially conservative agenda. It is expected that in his formal announcement speech at  the Georgia Republican Party convention on Friday, Gingrich will tie together the concepts of American exceptionalism and God-endowed rights. The article explains:

The strategy is aimed at shoring up Gingrich's standing with the party's social conservative wing, a constituency that regarded him with suspicion, in part because of his three marriages and admission of an extramarital affair.

But in recent years, the former speaker has made gains among evangelical leaders, the result of aggressively cultivating relationships with influential national figures and local pastors in key nominating states.

Gingrich, who was raised a Lutheran and became a Southern Baptist when he entered politics, converted two years ago to the Roman Catholic faith of his third wife, Callista, an experience he said shaped his new focus on faith. Since then, he created a nonprofit organization aimed at religious conservatives, Renewing American Leadership....

Some Jerusalem City Council Members Oppose Opera Festival That Will Be Held In Churches

In Israel, four Orthodox Jewish deputy mayors have introduced a resolution in Jerusalem's city council demanding an end to municipal sponsorship of events that could cause Jews to violate religious law.  Haaretz yesterday reported that the four want Jerusalem Mayor Nir Barkat to withdraw municipal sponsorship from a June opera festival because some of the performances will be in held in churches.  Their resolution states: "Extra caution shall be exercised when holding events in churches and other locations that Jews are forbidden to enter, on pain of death, by virtue of the prohibition against idol worship." The mayor says he has no intention of changing the festival program, but might remove the city's logo from some of the publicity material. Others on city council strongly oppose the motion that has been presented. A letter from Meretz party representatives said: "It's time the Haredim realized that Jerusalem is not a city bound by religious law, but rather a free city that lives in compliance with the Declaration of Independence, and that they do not have a monopoly on the Jewish religion."

Tennessee School District Will Ban Gideon Bible Distribution In Classroooms

The Tennessean reported Tuesday that White County (TN) school officials have agreed to ban the Gideons from distributing Bibles in school classrooms.  The ACLU raised the issue after it received a complaint about Bibles being distributed at an elementary school in Doyle, TN, some 100 miles east of Nashville. A student says she did not want to take a Bible, but felt pressured into coming up and accepting it. [Thanks to Alliance Alert for the lead.]

House Chaplain Nomination Hits Snag, But Is Now A "Go"

Roll Call reported yesterday that House Speaker John Boehner's plans to appoint Jesuit priest Patrick J. Conroy as the next House Chaplain (see prior posting) hit a snag, but is now back on track. It turns out that Conroy is a member of the Oregon Province of the Society of Jesus which is in bankruptcy and which last March settled sex abuse claims by 470 victims, most of whom were abused at Native American mission schools, for $166 million. (See prior posting.)  When this information became known, House minority leader Nancy Peolsi raised questions about the nomination. However after obtaining answers to additional questions, Peolsi is now satisfied with the nomination moving ahead. Apparently neither Boehner nor Pelosi knew of this history when the nomination was originally announced. Some other House members say they still want to make certain that Conroy's past is examined thoroughly. [Thanks to Pew Sitter for the lead.]

Navy Chief Chaplain Reverses Recent Policy On Same-Sex Marriages In Base Chapels

The Navy yesterday reversed its recently announced policy (see prior posting) that would have permitted Navy chaplains to perform same-sex marriages and civil unions in Navy chapels.  Navy Chief of Chaplains Rear Adm Mark Tidd said he was suspending the earlier guidance pending additional legal and policy review and closer coordination with the other branches of the military. The Los Angeles Times reports today that a letter from 63 House members to Navy Secretary Ray Mabus asked for reversal of the policy, saying that it violates federal law-- the Defense of Marriage Act. The Washington Post reported yesterday that members of the House Armed Services Committee are expected to introduce amendments to the defense authorization bill that would prohibit the use of Defense Department facilities for same-sex marriages, even if state law permits them.

Indiana Governor Signs New Voucher Law With Curricular Mandates Included

OneNewsNow reports that Indiana Gov. Mitch Daniels last week signed into law HB 1003, creating a "choice scholarship" program for students from families whose income does not exceed 150% of the amount to qualify for the federal free lunch program. It also provides tax deductions for parents who send their children to private schools or who home school them. It increases the tax credit for contributions to scholarship granting organizations, and bars such organizations from limiting scholarships to only one school.

The new law sets out a series of curricular requirements for schools that accept the new scholarships. It contains a lengthy list of historical documents that teachers must be allowed to read or post in classrooms or at school events. These include the Constitution, the national motto, all U.S. Supreme Court decisions and "Chief Seattle's letter to the United States government in 1852 in response to the United States government's inquiry regarding the purchase of tribal lands." The law bars such schools from "content based censorship of American history or heritage based on religious references" in these documents. Certain of the basic documents must be in the school's library. Students must be allowed to refer to these documents in any report or work product.

The new law contains another list of curricular requirements relating to government, citizenship and  personal values. Among the social science requirements are "a study of the Holocaust and the role religious extremism played in the events of September 11, 2001, in each high school United States history course."

Missourians Will Vote On Expanding Free Exercise Clause In State Constitution

In November 2012, Missouri voters will vote on a proposed state constitutional amendment (full text) that, if passed, will expand the language of the religious freedom protections in the current Art. I, Sec. 5 of the Missouri Constitution. HJR 2, approved by the House in March was approved by the state Senate yesterday. In addition to making the language of the free exercise provisions gender neutral, the new Art. I, Sec. 5 will add a laundry list of protections:

• neither state or local governments shall establish any official religion, nor shall a citizen's right to pray or express religious beliefs be infringed;
• the state shall not coerce anyone to participate in prayer or other religious activity, but shall ensure that any person shall have the right to pray individually or corporately in a private or public setting;
• citizens as well as state and local elected officials and employees shall have the right to pray on government premises and public property within the same parameters placed on other speech under similar circumstances;
• the General Assembly and the governing bodies of political subdivisions may extend to clergy and others the privilege to offer invocations or other prayers at their meetings or sessions;
• students may express their beliefs about religion in written and oral assignments free from discrimination based on the religious content of their work;
• no student shall be compelled to perform or participate in academic assignments or educational presentations that violate his or her religious beliefs;
• the state shall ensure public school students their right to free exercise of religious expression without interference, as long as their prayer or expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive and as long as such prayers or expressions abide by the same parameters placed upon other speech;
• all free public schools receiving state appropriations shall display, in a conspicuous and legible manner, the text of the Bill of Rights of the Constitution of the United States.

According to Political Fix, in past years, similar proposals have died in the state Senate. State senator Jolie Justus said:  "This was such a meaningless amendment, we just didn’t feel like we needed to put forth the effort to stop it this year."  Rep. Mike McGhee who sponsored the proposal in the House disagreed. He said: "If voters approve this it will send a message that the citizens of the state believe it’s OK to read a Bible to study hall. That it’s OK to pray briefly before a City Council meeting. That’s what we were trying to do by bringing this amendment forward." [Thanks to Alliance Alert for the lead.]

Navy Chaplains May Perform Same-Sex Marriages

Navy Times reported yesterday that Navy Chief of Chaplains Rear Adm. Mark Tidd has issued a memo allowing Navy chaplains to officiate at same-sex marriage and civil union ceremonies. The memo was issued as part of the updated training guidance to implement the repeal of "Don't Ask, Don't Tell."  The memo reads in part:

Consistent with the tenets of his or her religious organization, a chaplain may officiate a same-sex, civil marriage: if it is conducted in accordance with a state that permits same-sex marriage or union; and if that chaplain is, according to the applicable state and local laws, otherwise fully certified to officiate that state’s marriages.... [I]f the base is located in a state where same-sex marriage is legal, then base facilities may normally be used to celebrate the marriage. This is true for purely religious services (e.g., a chaplain blessing a union) or a traditional wedding (e.g., a chaplain both blessing and conducting the ceremony).

House Armed Services Committee Chairman Todd Aikin says that the memo violates the Defense of Marriage Act.

Malaysian Government Investigating Reports That Some Want Christianity To Be Another Official Religion

In Malaysia, Bernama reported yesterday that Prime Minister Datuk Seri Najib Tun Razak has ordered an investigation of reports that a newspaper, Utusan Malaysia, carried a front page report last Saturday quoting two blogs that said a meeting had taken place between Christian leaders who want Christianity to be an additional official religion in Malaysia. According to Bernama, Home Minister Datuk Seri Hishammuddin Tun Hussein "said the report was very sensitive and all quarters should know that it was not wise to raise such mater for it could lead to chaos and anxieties among the people." Malaysia's constitution (Art. 3, Sec. 1) provides: "Islam is the religion of the Federation; but other religions may be practised in peace and harmony in any part of the Federation."

The IANS report on the matter is more dramatic.  Carried by the Mangalorean, it says a blog claimed that the opposition Democratic Action Party wants to elect a Christian prime minister and turn the country into a Christian country. DAP says the report is a lie.

US-China Dialogue Is Occasion For Petition By China House Churches

Yesterday and today in Washington, the State Department and Treasury Department are hosting the third joint meeting of the US-China Strategic and Economic Dialogue. The U.S. Commission on International Religious Freedom last month urged the State Department to raise religious freedom issues during the conference. Christian Post reported yesterday the house churches in China are using the occasion to, for the first time in 60 years, petition China's legislature to guarantee the religious freedom of the country's largest house church, the Shouwang Church. Last month, 36 people attempting to attend an outdoor Easter service at the church were arrested. (See prior posting.)

Hasidic Paper Creates Stir For Editing Hillary Clinton Out of Famous Photo

In a strict reading of Jewish laws on modesty, the Hasidic newspaper Der Tzitung, published in Brooklyn, has a policy that it will not publish photos of women.  The Washington Post reported yesterday on the controversy that this has stirred when the paper altered the now-famous photo of Hillary Clinton, the President and others in the White House situation room watching the progress of the mission that killed Osama bin Laden. The paper's version (shown by Failed Messiah blog) removed Hillary Clinton and the only other woman in the photo, Audrey Tomason. It turns out that this violates the White House terms distributed with the photo that: "The photograph may not be manipulated in any way...." Der Tszitung has issued a statement (full text from Washington Post) reading in part:

The First Amendment to the Constitution guarantees freedom of religion.... In accord with our religious beliefs, we do not publish photos of women, which in no way relegates them to a lower status. Publishing a newspaper is a big responsibility, and our policies are guided by a Rabbinical Board. Because of laws of modesty, we are not allowed to publish pictures of women, and we regret if this gives an impression of disparaging to women, which is certainly never our intention. We apologize if this was seen as offensive.

India's Supreme Court Stays Division of Land At Disputed Holy Site

According to Bar and Bench, India's Supreme Court yesterday stayed an order issued last year by the Allahbad High Court that divided a sacred site claimed by both Hindus and Muslims among three separate groups, two Hindu and one Muslim. At issue is site in the town of Ayodhya that Hindus say the site was the birthplace of Lord Ram and was the location of an ancient temple. However the Babri Masjid mosque was constructed on the site sometime between the 16th and 18th century. In 1992, a Hindu mob partially destroyed the mosque, and widespread violence followed. The Supreme Court ordered that there should be no religious activity on 67 acres adjacent to the site acquired by the central government.  However the status quo is to be maintained as to the rest of the land, presumably while the Supreme Court considers the case.  The Supreme Court questioned the action of the Allahbad High Court in partitioning the land when none of the parties had asked for that type of order.

Judge Reverses Himself, Allows Kufi To Be Worn In Court

The Atlanta Journal Constitution reported yesterday that a Georgia state judge has reversed his previous decision (see prior posting) that barred a Muslim man from entering his court room because the man wore a kufi.  Henry County Judge James Chafin wrote: "The Court finds through its own research that there is a basis in the Quran for both men and women to cover their heads as a religious observance." Previously the court had asked for proof that Muslim doctrine requires this. Defendant Troy "Tariq" Montgomery will now appear in court May 16 to defend a speeding ticket.

9th Circuit: Trial Court Must Reconsider Permissive Intervention By Pastor Into Tax Code Challenge

In Freedom from Religion Foundation v. Geithner, the U.S. 9th Circuit Court of Appeals agreed with a federal district court that Pastor Michael Rodgers, a Sacramento area clergyman, has not shown he is entitled to intervene as of right as a defendant in a challenge to the constitutionality of provisions in the federal and California tax codes that allow clergy to exclude from income the parsonage allowance furnished to them. Rodgers argues that the federal government inadequately represents his interest in assuring that the tax provision is upheld. However the appeals court remanded the case to the district court for consideration of whether it should grant permissive intervention, finding the district court had applied incorrect legal criteria in initially denying such intervention. Courthouse News Service reports on the decision.

Federal Lawsuit Over Zoning For Yehsiva In Airmont Is Settled

The U.S. Attorney's Office for the Southern District of New York announced yesterday the settlement of a lawsuit it filed in 2005 under RLUIPA and the federal Fair Housing Act against the Village of Airmont in Rockland County, New York over its refusal to permit a Hasidic Jewish congregation to build a yeshiva with student housing. Airmont's zoning code prohibits residential student housing anywhere in the village while permitting a variety of other group residential uses. The lawsuit charged that this imposed a substantial burden on the free exercise of religion by Lavier Yakov congregation and amounted to the denial of housing based on religion. Under the consent decree entered in the case, Airmont has agreed to amend its zoning code by Oct. 15 to permit educational institutions with accessory housing and to permit construction of the yeshiva. The village will also pay a $10,000 civil penalty and has agreed to other steps to assure legal compliance in the future. The Lower Hudson Journal News reports that this is the second zoning-related civil rights lawsuit against the village since its founding in 1991. The earlier lawsuit charged that the village was incorporated to prevent Orthodox Jews from moving into the community through zoning laws that prohibited home synagogues. (See prior related posting.)

Article Analyzes Salifist-Coptic Clashes In Egypt

An article in today's Wall Street Journal gives context to the recent deadly clash (see prior posting) between Salafist Muslims and Coptic Christians. Here is an excerpt from the analysis:

The rise in sectarianism has appeared in parallel with an increasingly vocal Salafi movement—a fundamentalist Islamic ideology that tends to view non-Muslims as less deserving of full civil rights in an idealized Muslim society.

On some level, the violence is an effort to intimidate Christians whose protection by the regime of former President Hosni Mubarak was perceived by many as preferential treatment, said Hossam Bahgat, director of the Egyptian Initiative for Personal Rights, a human-rights group that has been monitoring sectarian violence in Egypt....

Despite sharing a few common political goals, such as the desire to see Sharia law incorporated into the Egyptian legal system, the Salafists' fundamentalist outlook is distinct from the Brotherhood's merely conservative ideology.

Strict Salafis consider more moderate Islamists, such as the Brotherhood, as "innovators" whose practice of the faith includes new or foreign concepts that were introduced into the religion long after the Prophet's death.

Court Denies TRO In Establishment Clause Challenge To Tennessee School System Practices

In ACLU-TN v. Sumner County Board of Education, 2011 U.S. Dist. LEXIS 47977 (MD TN, May 3, 2011), a Tennessee federal district court rejected the ACLU's emergency motion for a temporary restraining order in a case alleging that the Sumner County schools violate the Establishment Clause by a series of practices that promote and endorse religion. (See prior posting.) The court found that the only imminent activity posing an issue is a day-long Teens Against Alcohol and Tobacco Use program for 6th graders scheduled to be held in a Baptist church. The court concluded that this program has a secular purpose and that there are no religious symbols or imagery in the room of the church that will be used for this particular program.

Recent Articles and Book Of Interest

From SSRN:

• Mark Koyama, The Political Economy of Expulsion: The Regulation of Jewish Moneylending in Medieval England, (Constitutional Political Economy, Vol. 21, No. 4, pp. 374-406, 2010).
• Christopher J. Eberle and Capt. Rick Rubel, Religious Conviction in the Profession of Arms, (June 15, 2010).
• Muhammad Munir, Compatibility between Anti-Terrorism Legislation and Shari‛a, (May 1, 2011).
• Sahir F. Aziz, Caught in a Preventive Dragnet 10 Years Later: Selective Counterterrorism Against Muslims, Arabs, and South Asians, (The Journal of Race/Ethnicity: Multidisciplinary Global Contexts, Forthcoming).
• Clark B. Lombardi, Can Islamizing a Legal System Ever Help Promote Liberal Democracy?: A View from Pakistan, (University of St. Thomas Law Journal, Vol. 7, No. 3, 2010).
• Steven D., Jamar Religious Use of Copyrighted Works after Smith, RFRA, and Eldred, (Cardozo Law Review, Vol. 32, No. 5).
• Linda C. McClain, Religious and Political Virtues and Values in Congruence or Conflict?: On Smith, Bob Jones University, and Christian Legal Society, (Cardozo Law Review, Vol. 32, No. 5, pp. 1959-2007, 2011).

From SmartCILP and Alliance Alert:

• Kenneth B. Orenbach, The Religiously Distinct Director: Infusing Judeo-Christian Business Ethics into Corporate Governance, 2 Charlotte Law Review 369-443 (2010).
• Jessica L. Thornhill, Clear As Mud: Pleasant Grove City V. Summum And Riding The Undefined Line Between Government Speech And Private Speech In A Public Forum, 30 Mississippi College Law Review 121 (2011).

Recent Book:

• Douglas Laycock, Religious Liberty, Volume Two: The Free Exercise Clause, (Eerdmans, April 15, 2011), described in press release.

Jesuit Priest To Be Next House Chaplain

According to AP and a Roll Call reports last Friday, House Speaker John Boehner will nominate a Catholic priest who teaches at a Jesuit high school in Portland, Oregon to be the next Chaplain of the House of Representatives.  The choice was made in consultation with House Minority Leader Nancy Pelosi.  Rev. Patrick J. Conroy wll become the second Catholic priest to serve as House chaplain, succeeding Fr. Daniel Coughlin who retired last month. The full House of Representatives will vote on the nomination later this month.  Conroy previously served as chaplain at Georgetown University. [Thanks to Alliance Alert for the lead.]

Britain's Religion or Belief Regulations Extended To Belief In Higher Purpose of Public Service Broadcasting

Britain's Employment Equality (Religion or Belief) Regulations 2003 (Sec. 2) include "philosophical belief" in the definition of religion or belief. Employment Tribunals continue to expand the meaning of philosophical belief.  Previous cases have invoked the provision to bar discrimination on the basis of an employee's anti-hunting views, or an employee's belief in man-made climate change. Now, according to today's London Mail, a Birmingham employment tribunal has held that a BBC employee's belief that public service broadcasting has the higher purpose of promoting cultural interchange and social cohesion is also a philosophical belief protected by the Equality Regulations.

Attorney General Tells Immigration Appeals Board To Reconsider Deportation of Partner In Civil Union

In Matter of Paul Wilson Dorman, (Atty. Gen., April 26, 2011), Attorney General Eric Holder vacated a decision of the Board of Immigration Appeal that had upheld the deportation of a man who had entered a same-sex civil union in New Jersey with a U.S. citizen. Holder, implementing the Administration's previously announced conclusion that the Defense of Marriage Act is unconstitutional (see prior posting), ordered the BIA to:

determine whether and how the constitutionality of DOMA is presented in this case, including, but not limited to: 1) whether respondent’s same-sex partnership or civil union qualifies him to be considered a “spouse” under New Jersey law; 2) whether, absent the requirements of DOMA, respondent’s same-sex partnership or civil union would qualify him to be considered a “spouse” under the Immigration and Nationality Act....

AP reports on the decision. [Thanks to Alliance Alert for the lead.]

Recent Prisoner Free Excercise Cases

In Jihad v. Fabian, 2011 U.S. Dist. LEXIS 47007 (D MN, May 2, 2011), a Minnesota federal district court dismissed a Muslim inmate's complaints that he was not permitted to pray outside of his cell, that religious groups are permitted only one special holiday meal per year, that he could wear only state-issued headwear rather than his kufi outside his cell and the chapel, that an outside volunteer must be present at all religious services and that religious services are cancelled on public holidays. The court held, however, that sufficient factual issues remain for plaintiff to move ahead on his challenge to the refusal to provide him with halal meals. The magistrate's recommendations in the case are at 2011 U.S. Dist. LEXIS 46930, February 17, 2011.

In Blount v. Wright, 2011 U.S. Dist. LEXIS 46543 (WD VA April 28, 2011), a Virginia federal district court rejected a free exercise and RLUIPA claim by an inmate who alleged that he was forced to eat non-kosher diet loafs for a week after he was falsely charged with disobeying a direct order regarding return of his lunch tray.

In Porter v. Wegman, 2011 U.S. Dist. LEXIS 46660 (ED CA, April 22, 2011), a California federal magistrate judge dismissed, with leave to amend, claims by a member of the House of Yaweh that authorities failed to respond to their request for meals to observe Passover and Feast of Unleavened Bread. He also complained he was placed on the vegetarian, rather than kosher, diet.

In E.W. v. New Jersey Department of Corrections, 2011 N.J. Super. Unpub. LEXIS 1104 (NJ App., May 3, 2011), a New Jersey state appellate court concluded that Department of Corrections programs are now wholly secular.  The Department had removed a satellite dish that had been given to it by Jehovah's Witnessses and had removed religious content from its treatment materials.

In Blaylock v. Guarini, 2011 U.S. Dist. LEXIS 47576 (ED PA, May 4, 2011), a Pennsylvania federal district court dismissed a Muslim inmate's claims challenging the amount of food served to break the Ramadan fast, threats to cancel Ramadan services because inmates were not attending, shortening of Jum'ah services and the serving to Muslim inmates of cereal bars that contained pork products at the prison where he was formerly incarcerated.

In Bodie v. Tipten, 2011 U.S. Dist. LEXIS 47466 (D AZ, April 27, 2011), an Arizona federal district court permitted a Navajo inmate to proceed with his complaint that his rights under the 1st Amendment and RLUIPA were violated when officials interfered with his attempt to keep his hair that falls out to send to his niece for it to be burned with medicinal herbs according to Navajo religious traditions.

In Budge v. Arpaio, 2011 U.S. Dist. LEXIS 47470 (D AZ, April 26, 2011), an Arizona federal district court dismissed an inmate's claim that he was denied religious services on several occassions and was denied doctor-approved religious meals.

190 Face Military Trials In Egypt After Deadly Muslim-Coptic Violence

In Egypt, 190 people have been detained and will face military trials in Egypt's Supreme Military Court after Muslim-Christian violence in Cairo killed 10 and wounded 186. BBC News reports that the violence began after several hundred Salafist Muslims gathered outside the Coptic Christian Saint Mena Church to protest a rumor that a Christian woman was being held there against her will because she had married a Muslim man and wanted to convert. After a repelled attempt earlier in the day to storm the church, Saint Mena's and another church along with some homes were set on fire. Gunfire was also heard.  A statement by Egypt's Supreme Military Council said that a committee will assess the damage and restore the damaged property.  The Council, in a statement published on its Facebook page, warned of severe dangers facing the country during the current transition period.

DHS Investigating Border Agents' Treatment of Muslims

In response to complaints filed in March with the Department of Justice and Department of Homeland Security, the DHS office of Civil Rights and Civil Liberties is conducting an investigation into the conduct of federal agents at several at several US-Canada border crossings in Michagan.  According to the Detroit Free Press on Saturday, allegations cover mistreatment of Muslims because of their background or appearance. Complaints include "repeated handcuffing, brandishing of weapons, prolonged detentions, invasive and humiliating body searches at the border, and inappropriate questioning that pertains to religion and religious practices."

Men In Muslim Dress Pulled From Flight; Delayed In Reaching Conference On Anti-Islam Bias

Two men wearing traditional Muslim clothing were pulled off an Atlantic Southeast Airlines flight from Memphis (TN) to Charlotte (NC) on Friday for re-screening after the pilot was uncomfortable with their being on board. The Christian Science Monitor reports that the two-- an adjunct professor of Arabic at the University of Memphis and an imam at the Islamic Association of Greater Memphis-- ironically were on their way to a conference on Islamophobia and anti-Muslim bias. They were ultimately delayed nine hours after their plane, which had already left the gate, returned and the men were refused reboarding even after their second screening.

Florida Legislature Submits Repeal of Blaine Amendment To Voters

On Friday, the Florida state Senate passed HJR 1471-- a joint resolution previously passed by the state House of Representatives that will submit to voters next year a proposal to repeal the state constitution's Blaine Amendment. The Blaine Amendment currently bars state financial support of any religious denomination or institution.  The proposed amendment will remove the current language from Florida's Constitution and will add the following:

Except to the extent required by the First Amendment to the United States Constitution, neither the government nor any agent of the government may deny to any individual or entity the benefits of any program, funding, or other support on the basis of religious identity or belief.

HJR 1471 (full text) includes 3 pages of "Whereas" clauses that, among other things, trace the original Blaine Amendment to anti-Catholic bigotry and lament the restictions now imposed on state funds going to religiously affiliated hospitals, schools and adoption agencies. The Miami Herald reports on the legislature's action. [Thanks to David L. Barkey for the lead.]

Group Opposes USAID's Proposed Expansion of Funding For Religious Structures

As Monday's deadline for comments approaches, the Anti-Defamation League announced that yesterday it had submitted a letter (full text) in opposition to a little-noticed proposal issued by by the U.S. Agency for International Development in March.  The proposal on Participation by Religious Organizations in USAID Programs would expand the extent to which US AID funds could be used for the acquisition, construction or rehabilitation of buildings that are devoted to inherently religious activities.  The existing rule, among other things, bars use of AID funds for sanctuaries or chapels that a recipient organization uses as its principal place of worship.  The proposed amendment provides that:

USAID funds may be used for the acquisition, construction, or rehabilitation of structures that are used, in whole or in part, for inherently religious activities so long as the program ... has a secular purpose, is made generally available to a wide range of organizations and beneficiaries which are defined without reference to religion, has the effect of furthering a development objective, the criteria upon which structures are selected ... are religiously neutral, and the selection criteria are amenable to neutral application. Examples ... include ... rehabilitation or reconstruction programs ... following a natural or manmade disaster; rehabilitation or reconstruction programs for schools; rehabilitation or reconstruction of structures that are architectural, artistic, cultural, or historical landmarks for cultural or historical preservation; and rehabilitation or reconstruction programs to promote tourism or other related economic activities.

The ADL comments raised concerns that the proposed rule could lead to extensive federal funds being used to build houses of worship. [Thanks to Michael Lieberman for the lead.]

Neutral Principles Approach Allows Court To Hear Various Claims Against Methodist Annual Conference

In Beach v. Budd, (MN App., May 3, 2011), Samantha Beach, a  parishioner at a Minnesota Methodist church, sued Donald Budd, the church's pastor, and the Minnesota Annual Conference that controls the church and employed Budd. Plaintiff's claims grew out of sexual contact that Budd had with Beach at the same time he was counseling her. This opinion involved an interlocutory appeal by the Conference challenging the court's jurisdiction on 1st Amendment grounds, alleging that the court would become excessively entangled with religious matters. The court held first that:

The Establishment Clause’s prohibition against government entanglement with religion does not deprive the district court of subject-matter jurisdiction over Beach’s negligent-retention, negligent-supervision and sexual-exploitation claims because such claims can be resolved according to neutral principles of law.

The court, however, held that Beach's negligent investigation claim should be dismissed because the Conference "owed no duty to protect Beach or to investigate her complaint apart from its obligations as Budd's employer."

Settlement Leads To Dropping of Trespass Charges Against 2009 Pro-Life Notre Dame Demonstrators

In a press release yesterday, the Thomas More Society reported that an agreement has been reached between Notre Dame University and the so called "ND88"-- pro-life protesters who were arrested in 2009 for demonstrating on campus against the University's presenting an honorary degree to President Obama.  Pursuant to the agreement, the St. Joseph, Indiana county prosecutor has dropped criminal trespassing charges against almost all those who had been charged in the incident. (See prior related posting.) The release says, in part: "both parties have pledged not to rehash the events of the past, but on the contrary, to recognize each other's pro-life efforts and to work together to find ways to increase those efforts and maximize their impact on the nation’s contentious, ongoing debate over abortion policy."

Break-Away California Anglican Congregation Can Still Assert Its Defenses In Property Dispute

In Rasmussen v. Superior Court of Orange County, (CA Sup. Ct., May 5, 2011), the California Supreme Court in a 6-1 decision held that its prior decision in a property ownership dispute between a break-away congregation-- St. James Anglican Church-- and  the national Episcopal Church still left questions for the trial court to settle. In a 2009 decision (see prior posting), the state Supreme Court held that the suit was not subject to an anti-SLAPP motion to strike and that property ownership should be resolved applying neutral principles of law if the property dispute does not involve a matter of religious doctrine. In its most recent decision, the court held that the congregation must be given an opportunity to answer the complaint so the trial court can consider the significance of a 1991 letter from the bishop of the diocese on which St. James relies to show its ownership. Virtue Online reports on the decision and gives additional background.

Georgia Judge Bars Kufi From Being Worn In Courtroom

AP reported yesterday that a Georgia state trial court judge has refused three separate times to permit a Muslim man, Troy "Tariq" Montgomery, from entering the courtroom to dispute a traffic ticket because Montgomery was wearing a kufi. Henry County judge James Chafin took the action even though a policy adopted in 2009 by the state's Judicial Council allows head coverings in court when they are worn for medical or religious reasons. (See prior posting.)

Syrian Christians Reportedly Being Pressured To Join Anti-Assad Demonstrations

The group International Christian Concern says that Christians in Syria are being pressured to join the protests against President Bashir Assad, or else leave the country. A report carried by Christian Today on May 5 says that Syrian Christians have not participated in the anti-Assad protests so far because they fear a takeover by Muslim Salafis who will attempt to drive Christians out of the country.

Illinois Catholic Adoption Agencies Concerned About Impact of Civil Union Law

At a press conference in Springfield, Illinois, Catholic Charities said there is a possibility that it will halt its adoption and foster care services if Illinois law requires them to place children with same-sex couples.  The issue arises because of the June 1 effective date of Illinois' civil union law.  Carmi Times reported yesterday that Catholic social service groups place children only with married couples and single individuals -- not with unmarried couples. They continue to consider couples who have had a civil union as unmarried. However the civil union law provides that parties to a civil union are entitled to the same legal benefits as married couples. Catholic Charities is urging the state legislature to pass legislation making it clear that it can refer gay couples to other organizations for adoption or foster care services.

6th Circuit: Seventh Day Adventist Vocational School Students Are Not "Employees" Under FLSA

In Solis v. Laurelbrook Sanitarium and School, Inc., (6th Cir., April 28, 2011), the U.S. 6th Circuit Court of Appeals held that student trainees in a Seventh Day Adventist vocational boarding school are not employees for purposes of the federal Fair Labor Standards Act. High school students spend four hours each day, without pay, as part of their training working in the kitchen and housekeeping departments of Laurelbrook Sanitarium, an intermediate care nursing home that is an integral part of the school's facility. Students in the Certified Nursing Assistant program may be assigned to provide medical assistance to patients. Applying the "primary benefit" test, the court concluded that the district court was correct in concluding that "[a]lthough there is benefit to the school and sanitarium from the students’ activities, the totality of the circumstances shows that the primary benefit is to the students, who learn practical skills about work, responsibility, and the dignity of manual labor in a way consistent with the religious mission of their school." Courthouse News Service reports on the decision.

Medicaid Denial of Bloodless Liver Transplant Violates Free Exercise Rights of Jehovah's Witness

In Stinemetz v. Kansas Health Policy Authority, (KS App., May 4, 2011), a Kansas state appellate court held that the Kansas agency administering the state's Medicaid program violated the free exercise rights of a Jehovah's Witness when it refused, for lack of medical necessity, to authorize coverage of an out-of-state liver transplant using a method that does not involve blood transfusions.  Jehovah's Witnesses object on religious grounds to transfusions. The bloodless technique, not available in Kansas, is less expensive that an in-state procedure involving transfusions that KHPA was willing to fund. The court held:

There is nothing in the language of K.A.R. 30-5-70(c)(2) or any of the Kansas Medicaid regulations to indicate that the regulations either were enacted or are enforced in such a way as to target Jehovah's Witnesses. The regulations are neutral and of general applicability, but the regulations have the incidental effect of burdening Stinemetz' particular religious beliefs. Under the Employment v. Smith test, enforcement of the Kansas Medicaid regulations need not be justified by a compelling governmental interest to avoid violating Stinemetz' rights under the Free Exercise Clause of the First Amendment.

But even the Employment v. Smith test carves out an "individual exemption exception." .... Because the Kansas Medicaid regulations allow for an individual exemption on a case-by-case basis in defining medical necessity, the KHPA cannot refuse to extend that exemption to cover Stinemetz' religious hardship without providing a compelling reason. Here, the KHPA has failed to suggest any state interest, much less a compelling interest....

Stinemetz has even greater protections ... under § 7 of the Kansas Constitution Bill of Rights.... To determine whether government action violates an individual's right to the free exercise of religious beliefs under the Kansas Constitution, a court must determine: (1) whether the individual's religious beliefs are sincerely held; (2) whether the state action burdens the individual's free exercise of religious beliefs; (3) whether the state interest is overriding or compelling; and (4) whether the State uses the least restrictive means of achieving its interest.... [T]he KHPA's denial of Stinemetz' request for prior authorization for the out-of-state liver transplant violated her rights under § 7 of the Kansas Constitution Bill of Rights.

Yesterday's Topeka (KA) Capital-Journal reported on the decision. (See prior related posting).

May Is Jewish American Heritage Month

Last week, President Barack Obama issued a Proclamation (full text) declaring May to be Jewish American Heritage Month. The Proclamation reads in part:

The Jewish story is intertwined with the American story one of overcoming great hardship, and one of commitment to building a more just world. This month, we embrace and celebrate the vast contributions Jewish Americans have made to our country....

This month, we remember that the history and unique identity of Jewish Americans is part of the grand narrative of our country, forged in the friendships and shared wisdom between people of different faiths.

The Library of Congress, the National Archives, the NEH, the National Gallery of Art, the National Park Service and the U.S. Holocaust Memorial Museum have jointly set up a Jewish American Heritage Month website that links to extensive resources on the Jewish American experience.

Russia Drops Ban On 29 Scientology Publications

AP reported yesterday that Russia's Justice Ministry has lifted a ban on 29 books and lectures by Church of Scientology founder L. Ron Hubbard. Last month, a court in the Siberian city of Surgut concluded that the books were "extremist." (See prior posting.) [Thanks to Alliance Alert for the lead.]

Pakistani Travel Agencies Sue Ministry of Religious Affairs Over Allocation of Haj Quotas

Pakistan's International News and the Daily Times reported yesterday on a lawsuit in the Lahore High Court that is challenging the manner in which Haj quotas were allocated this year to Pakistan's private tour operators. Thirteen tour operators have sued the Federal Government and several government ministries claiming that the Ministry of Religious Affairs had allocated Haj quotas according to personal favoritism and political influence.  The suit also challenges the Ministry's decision to deny a quota for new tour operators. The travel agencies are asking the court to step in and allocate 2011 quotas based on merit. The court yesterday suspended the allotments to private tour operators until the case is decided.

Kenyan Seventh Day Adventist University Students Protest Saturday Exams

In Kenya, Seventh Day Adventist students at Masinde Muliro University say that the school's scheduling of exams on Saturdays violates their freedom of conscience and religion as protected by Kenya's new constitution. According to the Narobi Star this week, the students threaten to go to court if the University does not either reschedule exams or provide them a separate make-up exam on a different day.

Suit Seeks To Require School Boards To Comply With State Voucher Program

Last week, the Tulsa World reported that a number of Oklahoma parents of students with special needs have filed a federal lawsuit against Broken Arrow, Union, Jenks and Tulsa public school districts after those districts announced they would not comply with a 2010 state law setting up a voucher program for students with disabilities. Subsequently the districts temporarily rescinded their noncompliance policy. The complaint (full text) in Kimery v. Broken Arrow Public Schools, (ND OK, filed 4/25/2011), alleges that the school systems have refused to implement the Lindsey Nicole Scholarship for Students With Disabilities Program on the ground that the program violates Art. II, Sec. 5 of Oklahoma's Constitution barring the use of state funds to support religious institutions; the obligation under the state constitution to maintain a free public school system; and the federal equal protection clause.  The suit seeks a declaratory judgement that the school boards' action violate provisions of the U.S. and Oklahoma constitutions as well as federal and state statutory provisions. It also asks for an injunction requiring the school boards to comply with the voucher program.