Huntsman Defines His Religious Affiliation

Former Utah governor  and more recently ambassador to China, John Huntsman, Jr., is considering running for the Republican nomination for the Presidency (Salt Lake Tribune).  Religion Dispatches suggests that Huntsman will not allow his Mormonism to define him.  Huntsman's comments about his religious beliefs in an interview last week on ABC's Good Morning America (full text) have been garnering attention. Here is what he said when asked whether he is a practicing Mormon:

I believe in God. I'm a good Christian. I'm very proud of my Mormon heritage. I am Mormon. Today, there are 13 million Mormons. It's a very diverse and heterogeneous cross-section of people. And you're going to find a lot of different attitudes and a lot of different opinions in that 13 million.... And I probably add to that diversity somewhat.

Huntsman also said that he did not think that his religious affiliation would be an issue in the campaign.

Student Delivers Graduation Prayer, Ignoring Scheduled Moment of Silence

CBN and Wall of Separation both report (with somewhat different flavors) on graduation ceremonies last week at Louisiana's Bastrop High School. The school's graduation traditionally included a prayer, but this year for the first time one of the graduating seniors complained about the tradition. Upon advice of its attorney, the school board reprinted the graduation programs to substitute Moment of Silence for the prayer. However when graduating senior Laci Rae Mattice stood at the podium to lead the moment of silence, she instead recited the Lord's Prayer, asking those who shared her beliefs to bow their heads. Not surprisingly, the episode has generated rather different responses around the country. Matthew Staver, chairman of Liberty Counsel, said that students have the right to express religious as well as secular views at graduation.  Meanwhile, the Freedom from Religion Foundation has offered Damon Fowler, the student who originally complained about the prayer, its $1000 student activist award.

Efforts Underway To Create Jewish Section In Texas State Cemetery

In Texas, former state officials and others selected because of their contributions to Texas history or culture are awarded the opportunity of being buried in the Texas State Cemetery in East Austin. (Background.)  The Austin Statesman carried a commentary Saturday on efforts by one Texas woman to create a Jewish section in the cemetery so observant Jews who, under Jewish law, can be buried only in portions of a cemetery set aside for Jewish burials, can accept the honor of being buried there. Camille Kress, a convert to Judaism, is pressing the effort. She and her husband (who has been active in education policy) have plots reserved at the cemetery, but have not decided whether they will use them if no separate Jewish section is created. A 2008 opinion from the state attorney general's office concluded that creating the area and installing a water feature that would allow mourners to engage in traditional washing of their hands, would be constitutional and consistent with the purpose of the statute creating the cemetery. It would remove a religious person's inability to accept the honor of burial there.

Firing of British Prison Officer For Wearing Sikh Kirpan Is Upheld

In Britain, an Employment Tribunal has upheld the firing of a Sikh prison officer who insisted on wearing his kirpan (small ceremonial dagger) in Dovegate Prison near Uttoxeter. This Is Derbyshire reported Saturday that the Tribunal's judge ruled prison officer Jagdip Singh Dhinsa had not been discriminated against. The Tribunal also upheld a National Offender Management Service ban on staff wearing the Kirpan in prisons, except for Sikh prison chaplains. The The Ministry of Justice warned of the risks involved: "a member of staff may be targeted or even taken hostage by prisoners if it is known that he is wearing the Kirpan [or] ... the Kirpan may be inadvertently dropped and lost within the prison."

Malta To Vote On Ending Divorce Ban; Church Is Strongly Opposed

Next Saturday, Malta -- which is 95% Catholic-- is holding a referendum on whether divorce should be legalized in the country. The London Telegraph reports that Malta is the only member of the European Union that does not permit divorce and only one of two nations in the world. The other is the Philippines. The ballot measure will read:

Do you agree with having the option of divorce for married couples who have been separated for four years when there is no reasonable hope for reconciliation, and when adequate maintenance is guaranteed and the children are cared for?

The electorate is very closely split on the issue, with proponents slightly in the lead.  The Catholic Church uses the pulpit on Sunday mornings to urge a "no" vote. The "yes" movement hold rallies in public squares around the country on Sundays immediately after church services. Malta's constitution declares Catholicism the official religion of the country. Meanwhile, according to CNA, some are arguing that ending Malta's ban on divorce would encourage radical Islam. Some 3000 Muslim North African refugees have recently come to Malta, fleeing unrest in their home countries. They join 6,000 Muslims already there. U.S. author Stephen Schwartz argues: "a radical would see as much confusion as possible among the non-Muslims as good for the Muslims." He fears radical Muslim clerics would see those who have divorced-- and thus left the Church-- as fair game for Muslim proselytizing.

Recent Articles of Interest

From SSRN:

• Hdeel Abdelhady, The Front Office Generates Revenue, the Back Office Creates Value: Operational Excellence is the Key to Unlocking Value in Islamic Finance, (December 8, 2010).
• Hdeel Abdelhady, Islamic Law in Secular Courts (Again): Teachable Moments from the Journey, (May 8, 2011).
• Meir Katz, The Economics of Section 170: A Case for the Charitable Deduction of Parochial School Tuition, (Rutgers Journal of Law and Religion, Vol. 12, No. 2, p. 224, Spring 2011).
• Perry Dane, Review of ‘Islam and the Secular State: Negotiating the Future of Shari‛a’ by Abduallahi Ahmed An-Na‛im, (Ancient Traditions, New Conversations, 2011).

From SmartCILP and elsewhere:

• Ian Bartrum, Salazar v. Buono: Sacred Symbolism and the Secular State, 104 Northwestern University Law Review 1653-1664 (2010).
• Chad M. Cullen, Can TRIPS Live in Harmony with Islamic Law? An Investigation of the Relationship Between Intellectual Property and Islamic Law, 14 SMU Science and Technology Law Review 45-68 (2010).
• Constance Frisby Fain, Minimizing Liability for Church-Related Counseling Services: Clergy Malpractice and First Amendment Religion Clauses, 44 Akron Law Review 221-260 (2011).
• Brian H. Bix, Mahr Agreements: Contracting in the Shadow of Family Law (and Religious Law)—A Comment on Oman’s Article, 1 Wake Forest L. Rev. Online 61 (2011).

Disclosure To Jewish Religious Court Waives Privilege As To Information From Social Worker

A Toms River, New Jersey state Superior Court judge last week ruled that former yeshiva teacher Yosef Kolko, who has been criminally charged with sexual assault on an 11-year old boy, has waived the confidentiality of statements he made to a social worker. The Asbury Park Press reports the details.  Originally the victim's father reported the assault to a Bet Din (Jewish religious court) which employed a Brooklyn social worker to interview Kolko to determine whether the charges were credible.  Kolko signed a waiver allowing information from the interview to be reported to the Bet Din.  Now state court judge Francis R. Hodgson has ruled that this amounted to a waiver of the privilege that would otherwise attach to the information. The judge said in part: "I think that it is not a small factor to be considered that [the Bet Din] is a parallel justice system ... within a closed community."

Recent Prisoner Free Exercise Cases

In Williams v. Bradford, 2011 U.S. Dist. LEXIS 51879 (D NJ, May 13, 2011), a New Jersey federal district court dismissed, without prejudice, an inmate's claims that his rights under the 1st, 14th and 8th amendments as well as RLUIPA were violated when  the coordinator of the prison's NuWay Program made mocking remarks about Islam and mimicked an Arabic prayer. It also dismissed claims that supervisors failed to enforce rules of the NuWay program.

In Baker v. Pratt, 2011 Ariz. App. Unpub. LEXIS 573 (AZ Ct. App., Jan. 20, 2011), an Arizona appellate curt dismissed an inmate's complaint that his rights were violated when his meal schedule for kosher meals required him to eat breakfast and lunch at the same time on weekends.

In Freeman v. Julious, 2011 U.S. Dist. LEXIS 52604 (ED CA, May 6, 2011), a California federal magistrate judge dismissed claims by an inmate, a practitioner of Satanism, that he was denied access to religious items, such as a satanic bible, and other materials and artifacts, and was denied access to a satanic clergyman.

In Ali v. Dewberry, 2011 U.S. Dist. LEXIS 52765 (ED TX, May 17, 2011), a Texas federal district court adopted a magistrate's recommendations (2011 U.S. Dist. LEXIS 52766, April 21, 2011) and dismissed a complaint by a Muslim inmate that his religious concerns about not helping others to eat pork were violated when he was assigned to work as a fork lift operator at a packing plant that slaughtered and processed pork. He was required to wrap boxes and move them with a fork lift.

UPI reported last week that after court rulings in a Muslim inmate's favor, Virginia's attorney general has settled a suit brought by Rashid Qawi al-Amin. The Corrections Department will place $2,5000 worth of Islamic materials in the Greensville Correctional Center's library and will hire a Muslim inmate to work in the library.

Falun Gong Class Action Claims Cisco Helped China Track Practitioners

In an interesting new lawsuit, a number of U.S. and Chinese citizens who are practitioners of Falun Gong have filed a class action in federal court in California against Cisco Systems, Inc. and its executives for their alleged role in providing technology to the Chinese government that permitted it to track and persecute Falun Gong members. The action was filed on behalf of:

All person who were identified as Falun Gong practitioners through the use of the Golden Shield by Chinese authorities and were thereafter subjected to detention and/or physical abuse and/or torture for their Falun Gong related activity, and suffered injury as a result.

The 52-page complaint (full text) in Doe v. Cisco Systems, Inc., (ND CA, filed 5/19/2011), asserts 15 causes of action including violations of the Alien Tort Statute and the Torture Victims' Protection Act.  It alleges that:

Cisco Systems, Inc.... knowingly, purposefully and intentionally designed, supplied, and helped to maintain a censorship and surveillance network known as the Golden Shield in collaboration with the Chinese Communist Party and Chinese Public Security officers, knowing and intending that it would be utilized by members of the Communist Party of China ("CCP") and Chinese Public Security officers to eavesdrop, tap and intercept communications, identify, and track Plaintiffs as Falun Gong members for the specific purpose of subjecting them to gross human rights abuses, including arbitrary arrest and detention, torture, extrajudicial killing, and crimes against humanity, all in violation of international, U.S., and California law.

Reuters, reporting on the lawsuit, says that Cisco denies the allegations and contends that the company does not customize its products in any way that would facilitate censorship or repression.

Anti-Gay Pastor Questions Obama's Religion In Prayer Opening Minnesota House Session

Salon reports on the controversy generated by the prayer offered on the floor of the Minnesota House of Representatives yesterday by Bradlee Dean, founder of the You Can Run But You Cannot Hide ministry. The prayer questions President Obama's religious beliefs. Dean ended his invocation as follows:

I know this is a non-denominational prayer in this Chamber and it's not about the Baptists and it's not about the Catholics alone or the Lutherans or the Wesleyans. Or the Presbyterians the evangelicals or any other denomination but rather the head of the denomination and his name is Jesus. As every President up until 2008 has acknowledged. And we pray it. In Jesus' name.

Republican House Speaker Kurt Zellers denounced Dean's remarks and said: "That type of person will never ever be allowed on this House floor again as long as I have the honor of serving as speaker." As reported by the Minnesota Independent, Dean has previously generated controversy by statements calling for imprisonment of gays and lesbians, accusing gay men of child molestation and saying that Muslim countries that execute gays are more moral than American Christians.

New Oil Drilling Order Pays More Attention To Plains Indian Religious Site

The Mitchell (SD) Daily Republic reports that last Wednesday the South Dakota Board of Minerals and Environment revoked an order issued last year that would have permitted up to 24 oil wells to be drilled within 1.5 miles of Bear Butte, a site of great spiritual importance to the Northern Plains Indian Tribes such as the Cheyenne. Instead, after two days of hearings, the Board issued a new order allowing only five wells to be drilled, and requiring them to be outside the boundaries of Bear Butte national historic site. The new order also requires monitoring of drilling sites by archaeologists and tribal representatives. The new hearings were called after it was discovered that the Board failed to submit the original drilling application to the state historical preservation office for review, as required for projects that will encroach on national historic landmark sites. At the time of the earlier application hearing, no one realized that part of the proposed oil field would be within a national historic site boundary. (See prior related posting.)

Religious Instruction In Australian Schools Is Being Questioned

In Australia, the federal government allocates $222 million for school chaplaincy programs. However, according to a report this week in The Australian, the program has become controversial because 98.5% of the chaplains funded by the program are Christian, while only 64% of Australians identify as Christians. Also, the chaplains who teach in the program are volunteers and do not have to be trained as teachers. Anna Halafoff from Monash University says: "The problem with special religious instruction - the current program - is that it's not education about religions but education into a particular religion." The religious education program in the state of Victoria is under particular scrutiny after the head of Access Ministries, the group that provides school chaplains in Victoria, was quoted as saying: "We need to go and make disciples."

With The Earth Surviving, Some Suggest Suing Preacher Who Predicted The Rapture For Today

As reported by the London Telegraph, the widely publicized prediction by 89-year old California preacher Harold Camping that the Rapture would begin at 6:00 p.m. today in every time zone has not come true. The Rapture was to have seen all who were saved ascend to heaven and others destroyed by massive earthquakes. Now, according to God Discussion, some on the Internet are suggesting that donors who contributed funds to Camping’s ministry should sue to recover their contributions. Camping’s Family Radio is said to have assets of over $120 million.

Kentucky Finalizes Tax Breaks For Noah's Ark Theme Park

Finalizing action that Kentucky Governor Steve Beshear announced last year (see prior posting), the Kentucky Tourism and Development Finance Authority voted unanimously yesterday to grant $40 million in tax rebates to a Noah's Ark theme part to be built by Answers in Genesis ministry. The same group previously built the popular Creation Museum in Kentucky.  The Washington Post reports that the goal of the park is to dispel doubts that Noah could have fit two of every kind of animal in an ark.  The park will also include a replica of the Tower of Babel, theaters, lecture halls, a restaurant and a petting zoo. The park-- a $172 million project-- is expected to draw nearly 1.4 million visitors a year and create 600 to 700 full time jobs. Advocates of church-state separation have criticized the tax benefits.  Barry W. Lynn, executive director of Americans United said that the state should not be in the business of promoting fundamentalist Christianity or any other religion.

Salafis In Egypt Seeking To Form Moderate Political Party

AlMasry AlYoum reported yesterday that in Egypt a group of Salafi Muslims are collecting signatures to form a new political party to be called Fadila (Virtue) Party. Founders say the party, which is open to members of all sects, is aimed at spreading justice and equality and restoring Egypt to its former glory in accordance with Islamic principles. Salafi leader Hesham Kamal says the party is to be based on moderation and led by legal and scientific figures who took part in the January 25 revolution.  Kamal adds:

The party calls for a civil state with a religious reference and calls for a new constitution in accordance with the wishes of the people. The party is not concerned with the enforcement of hudood punishments [Islamic punishments for moral crimes] as there is more to religion than hudood punishments.

Iranian Court Acquits 11 Christians Finding Their Church Attendance Constitutionally Protected

Christian Today reports that in Iran, eleven members of the Church of Iran have been acquitted of charges that they engaged in "action against the order of the country" and that they were drinking alcohol.  According to the report published today, the charges were filed after the eleven attended a house church meeting and took communion wine.  In a written decision, the Iranian court concluded that the eleven were taking part in a Christian ceremony and that their conduct was protected under Article 13 of the Iranian Constitution that provides that: "Zoroastrian, Jewish, and Christian Iranians ... are free to perform their religious rites and ceremonies, and to act according to their own canon in matters of personal affairs and religious education." In separate cases, six other Christians are awaiting a hearing in Shiraz on blasphemy charges and a pastor of the Church of Iran is awaiting the outcome of an appeal of his death sentence for apostasy

Defamation Claim Against Pastor Dismissed Under Ecclesiastical Abstention Doctrine

In Kaplan v. Khan, (NY Sup. Ct. Kings Co., May 17, 2011), a New York trial judge dismissed a defamation claim brought by a woman against her former pastor.  At issue was pastor Nizam Khan's "rebuke" during a prayer service of Gloria Kaplan who was renting an apartment in her home to the pastor's daughter and a married man with whom the daughter was living. Khan allegedly told Kaplan: "you are running a house of prostitution and you are a whore, and you have made it just like the house of prostitution that was in the Bible when Hoffney and Phineas took in prostitutes into the temple." The court applied the ecclesiastical abstention doctrine to dismiss the case, concluding:

To the extent that the alleged statements yet convey any defamatory meaning, it is a pronouncement of the moral judgment of a pastor upon the conduct of a church member. Plaintiff acknowledges the religious practice of "rebuke," and, perhaps more importantly, acknowledges the underlying conduct declared by Defendant to be morally wanting.... To allow Plaintiff's claim to proceed under these circumstances "would necessarily involve an impermissible inquiry into religious doctrine and a determination as to whether the plaintiff violated religious law"

[corrected] 

Circumcision Ban Makes It To San Francisco Ballot

The Jewish Journal reports that on Wednesday, San Francisco (CA) Department of Elections approved a petition seeking to place a ban on circumcising boys under the age of 18 on the ballot in November. City officials approved as valid over 7,700 of the 12,000 signatures submitted. If approved, circumcision, except for medical reasons, and without any exemption for religion, would become a misdemeanor punishable by up to one year in jail and a $1000 fine. (See prior related posting.) Slate has background on the constitutional issues raised by the proposed ordinance.

Phrasing of Death Penalty Intent Notice Does Not Violate Establishment Clause

The Dexter (MO) Daily Statesman reported yesterday that a Bloomfield, Missouri state judge has denied a motion by attorneys for accused killer Allen "Smurf" McCoy challenging on Establishment Clause grounds the state's death penalty intent notice. In it the state alleged that by murdering an individual known to be handicapped and in ill-health, McCoy showed "depravity of mind and a callous disregard for the sanctity of all human life." McCoy's attorney argued that using the term "sanctity of life" favors religion, and that if the phrase were used in jury instructions, it would make a juror who lacked religious belief unable to render a verdict because the juror would not recognized the "sanctity" of all life. The court ruled that this was merely a reference to the "specialness" of life. Defendants are expected to appeal.

Most Claims Challenging Murfreesboro Mosque Are Dismissed

A Tennessee state Chancery Court judge has dismissed most of plaintiffs' claims in a widely publicized lawsuit seeking to prevent construction of a mosque in Murfreesboro, Tennessee. The Murfreesboro Daily News Journal as well as AP report that Chancellor Robert Corlew dismissed all the challenges to the Rutherford County Regional Planning Commission's approval of building plans, but is allowing plaintiffs to move ahead with their claim that the county violated the Open Meetings Act when it publicized the Planning Commission meeting only in the Murfreesboro Post. Plaintiffs claim this is not a "newspaper of general circulation."  The case attracted particular attention when plaintiffs' attorney suggested that Islam is not a "religion" but instead is a political movement so that the proposed mosque should not get the special zoning treatment given to houses of worship. (See prior posting.) Chancellor Corlew wrote in his opinion:

We must note that, under the law, the Plaintiffs have not demonstrated a loss different from that which is common to all citizens of Rutherford County.... That Islam is a religion has been proven in this case. That the county ordinance allows construction of a church or place of meeting within a residential planning zone as a matter of right in this case is further undisputed.

Obama Includes Religious Liberty Concerns As Part of His Speech On Middle East Policy

Today President Obama delivered a major speech (full text) on U.S. policy in the Middle East in light of recent developments there. C-Span reports on the address delivered at the State Department.  Obama dealt with religious freedom in part of his lengthy remarks. Here is what he said:

The United States supports a set of universal rights. And these rights include free speech, the freedom of peaceful assembly, the freedom of religion, equality for men and women under the rule of law, and the right to choose your own leaders -– whether you live in Baghdad or Damascus, Sanaa or Tehran....

We look forward to working with all who embrace genuine and inclusive democracy. What we will oppose is an attempt by any group to restrict the rights of others, and to hold power through coercion and not consent. Because democracy depends not only on elections, but also strong and accountable institutions, and the respect for the rights of minorities.

Such tolerance is particularly important when it comes to religion. In Tahrir Square, we heard Egyptians from all walks of life chant, "Muslims, Christians, we are one." America will work to see that this spirit prevails -– that all faiths are respected, and that bridges are built among them. In a region that was the birthplace of three world religions, intolerance can lead only to suffering and stagnation. And for this season of change to succeed, Coptic Christians must have the right to worship freely in Cairo, just as Shia must never have their mosques destroyed in Bahrain.

Discrimination Suit Against FLDS Dominated Town Can Continue

Cooke v. Town of Colorado City, Arizona, 2011 U.S. Dist. LEXIS 52356 (D AZ, May 16, 2011), is one of the first cases reflecting the implications of a Utah federal district court's holding in February-- now stayed pending appeal-- invalidating the Utah state court's appointment of a special fiduciary to reform the polygamous FLDS Church's United Effort Plan Trust. The UEP trust holds property in Utah and Arizona on which church members reside. (See prior posting.)  The special fiduciary, as part of his efforts to assign property of the trust to beneficiaries in a religiously neutral manner, granted a lease to a parcel of land to Ronald Cooke, a former FLDS member, and his wife. Cooke left the church at age 18 or 19 and moved to Phoenix where subsequently he was severely injured in an accident.  After receiving the lease for land in Colorado City, Cooke and his wife moved back in a trailer home, but the city refused to provide water, electricity and sewer service.  Cooke in this case sued for damages under the federal and state fair housing acts and under 42 USC 1983, alleging that Colorado City engaged in religious and disability discrimination. Meanwhile, after the Utah federal court invalidated the state court's appointment of the special fiduciary, Robert Black, the prior occupant of the Colorado City land leased to the Cooke's, filed an action in Arizona federal district court seeking a declaration that he is the rightful occupant. The court in this decision refused to stay proceedings in Cooke's lawsuit. The city had sought a stay pending the outcome of Black's declaratory action.

President Speaks At Jewish American Heritage Month Reception

On Tuesday, President Barack Obama spoke (full text of remarks) at a reception in honor of Jewish American Heritage Month held in the East Room of the White House.  He said in part:

This month is a chance for Americans of every faith to appreciate the contributions of the Jewish people throughout our history –- often in the face of unspeakable discrimination and adversity. For hundreds of years, Jewish Americans have fought heroically in battle and inspired us to pursue peace. They’ve built our cities, cured our sick. They’ve paved the way in the sciences and the law, in our politics and in the arts. They remain our leaders, our teachers, our neighbors and our friends.

Not bad for a band of believers who have been tested from the moment that they came together and professed their faith.

(See prior related posting.)

15% of Kentuckians Opt For "In God We Trust" Plates

After a long battle, in January the state of Kentucky began offering "In God We Trust" license plates as a standard-issue alternative to the "Unbridled Spirit" plate. (See prior related posting.) Christian Post reported yesterday that so far 50,261 Kentuckians have opted for this new plate with the national motto, while 275,459 have taken the "Unbridled Spirit" plate.

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.