Afghan MP Urges Women Parliamentarians To Travel With Chaperones

At the end of January, several members of Afghanistan's Parliament traveled to London to participate in an international donor's conference. Two of the Parliamentarians were women. Yesterday's Christian Science Monitor reports that Al-Hajj Abdul Jabbar Shalgarai, a conservative member of Parliament also on the trip, complained that the women were in violation of Islamic law. They were traveling for more than three days without being accompanied by a male member of their family. As of now, these travel restrictions, known as mahram-e sharaii, have not been enacted by Afghanistan's Parliament as part of national law. However, Zeefunun Safi, a female member of Parliament, says that if a bill is introduced to require the practice, it may well pass. She says, "There are lots of women in Parliament against this, but they have to support it, because people will say, 'You are not our representative, get out of Parliament.' " Conservative Parliamentarian Shalgarai says no new law is required: "This country is the Islamic Republic of Afghanistan, and the Constitution says that nothing can be done in Afghanistan that is against sharia law."

Ontario Bans Arbitration of Family Law Matters By Religious Tribunals

The Toronto Star reported yesterday that the Ontario legislature has now formally passed legislation to prohibit the use of religious tribunals to decide divorce, custody and other family law disputes. Premier Dalton McGuinty originally focused on prohibiting the use of Shariah (Muslim law) to decide family law cases. There was widespread concern that panels applying Shariah would discriminate against women in their rulings. But the legislation that McGuinty introduced, and which now has passed, prohibits all religious arbitrations in Ontario. Bill 27-2006 provides that an arbitration in family law matters that is not conducted exclusively in accordance with the law of Ontario or of another Canadian jurisdiction, the decision has no legal effect. The new law is an amendment to the Ontario Arbitration Act of 1991 that generally provides for judicial enforcement of arbitration awards.

The Canadian Jewish News says that the impact of the new law on Jewish rabbinical courts (Bet Dins) is not completely clear. Apparently it will not impact their ability to issue a get in divorce actions. However, the absence of transitional provisions will call into question previous family law rulings of rabbinical courts that have not yet been incorporated into civil court decrees.

Maine Supreme Court Hears Tuition Voucher Arguments

The Portland Press Herald reports that yesterday, the Supreme Judicial Court of Maine heard oral arguments in Anderson v. Town of Durham, a case challenging a state law that prohibits the use of tax-supported tuition vouchers for religious schools. Plaintiffs are eight families from towns that do not have public high schools but pay for their residents to go to any schools that are "nonsectarian". They argue that the restriction on use of the vouchers for religious schools violates federal constitution's equal protection and free exercise clauses. The parents are represented by the Institute for Justice. The state was supported by the Maine Civil Liberties Union representing intervenors in the case (MCLU press release). The case was originally argued before the Maine Supreme Judicial Court in March 2005, but the justices set it for reargument after Justice Warren Silver joined the court in July, replacing retiring Justice Paul Rudman.

Two Pennsylvania Prisoner Claims Rejected

In Heleva v. Kramer, 2006 U.S. Dist. LEXIS 5237 (MD Pa., Jan. 27, 2006), a Pennsylvania federal district court held that an eight month delay by prison officials in getting to a prisoner two spiritual self-help books shipped to him in jail had not adversely impacted his sincerely held religious beliefs.

In Meggett v. Pennsylvania Dept. of Corrections, 2006 Pa. Commw. LEXIS 66 (Commonwealth Ct., Feb. 13, 2006), a Pennsylvania state court upheld the state prison system's regulations on hair length and styling against a prisoner who wished to wear dreadlocks as part of his Hebrew Israelite faith. The court held that while a practice is protected even when it is not a mandatory tenet of a religious faith, here the policy was a reasonable response to legitimate penological concerns.

Ohio Reversal-- No Teaching of Intelligent Design, At Least For Now

USA Today reports that Ohio's Board of Education voted today 11-4 to eliminate a passage in the state's science standards that arguably called for the teaching of intelligent design. It also voted to remove the related lesson plan and directed a committee to study whether a replacement lesson was needed. (AP report.) The vote eliminated from the 2002 science standards a provision saying that students should be able to "describe how scientists continue to investigate and critically analyze aspects of evolutionary theory." Ohio school board member Martha Wise, who pushed to eliminate the passage, praised the vote, saying,"It is deeply unfair to the children of this state to mislead them about science." The vote was a reversal of a 9-8 decision a month ago to keep the lesson plan. But three board members who voted in January to keep the plan were absent for today's vote. Supporters of the eliminated passage said they would seek another vote later. Said board member Michael Cochran, "We'll do this forever, I guess."

Georgia Governor Proposes Constitutional Amendment To Aid Faith-Based Programs

Georgia Governor Sonny Perdue announced today the reintroduction of a proposal to amend the Georgia Constitution to allow faith-based social service providers to compete for state funds. Georgia's constitution contains a "Blaine Amendment" that prohibits public funds from being used "directly or indirectly, in aid of any church, sect, cult, or religious denomination or of any sectarian institution". The proposed amendment would qualify this provision by adding, "Except as permitted or required by the United States Constitution, as amended". This is the third time the Governor has attempted to get legislative approval of his Faith and Family Services Amendment. The resolution will require a two-thirds vote in the House and Senate, and approval by voters in the November 2006 election, in order to become effective. [Thanks to Joseph Knippenberg for the information.]

It's Valentine's Day-- So It's Time for A Religious Freedom Lawsuit

Hardly over the "Christmas Wars" in public schools, it appears that a "Valentine's Day Skirmish" has begun. A trial court in Harris County Texas has granted a temporary restraining order against the Katy, Texas Independent School District, ordering it to permit children to hand out to classmates valentines and candy containing religious themes. It also requires the schools to permit students to express their personal religious views in class discussions, writing assignments and non-instructional time, so long as it does not substantially disrupt school operations. The suit was filed by Liberty Legal Institute and the Alliance Defense Fund, and alleged that in the past, students had been prohibited from drawing religious images in an art fundraiser, mentioning Jesus in a class discussion on Easter, handing out faith bracelets during recess, talking about Jesus with other children during free time and silently praying. (LLI release- scroll to Feb. 13 releases; ADF release.) The full text of the complaint and a copy of the TRO are available online. In a release on the case, the school district said: "Because there was no real dispute about what would be allowed to happen tomorrow, the judge entered the TRO... The district believes that it is unfortunate that neither the plaintiffs nor their attorneys ever attempted to contact the school district to discuss this matter prior to filing the lawsuit. It was never the intent of the schools in question to limit what messages their students could exchange at tomorrow’s parties."

Will Scotland Force Catholic School To Become Muslim?

Those who argue that state funding of religious education can lead to undesirable state control now have a poster child in Scotland. In Britain, faith schools are government-funded. As of last August, there were 7,000 faith schools in England. Of these, 6,955 were Christian, with 36 Jewish, five Muslim and two Sikh schools. Tony Blair favors making it easier for independent schools, including Islamic, Christian and Jewish institutions, to opt into the state sector and receive state funding. (Education Guardian article.)

St Albert's Primary school in the Glascow suburb of Pollokshields is a state-funded Catholic school. However, more than 75% of its students are Muslim. Today's Education Guardian reports that pressure is now growing to turn this school, located in the midst of Scotland's largest Pakistani community, into a Muslim school. Currently there are no state-funded Muslim schools in Scotland. Last year, Glasgow's largest mosques and Muslim organizations formed the Campaign for Muslim Schools to press the issue. It's spokesman, Osama Saeed, said, "The national policy on faith schools is that, whenever there is a demand from a faith community, there should be a school. Ergo, there should be a Muslim school here." However Scotland's first minister, Jack McConnell, seems to believe that faith schools can be divisive. He has announced that children from denominational and non-denominational schools will be brought together for various activities like school trips and drama.

Proposed Israeli Constitution Has Controversial Provisions On Religion-State

Today, the Jerusalem Post reports, Israel's Knesset was presented with a draft of a Constitution for the country, along with background material written by constitutional experts. The 9,000 pages of documents were presented by Law and Justice Committee Chairman Michael Eitan to the Knesset on a CD. By a vote of 30-19 members agreed to pass on the draft proposal to the 17th Knesset. While Likud, Labor and Kadima MKs praised the draft, controversy surrounds its provisions on religion and state. National Religious Party leader Zvulun Orlev said, "This draft destroys the spirit and soul of Israel, it gives legitimacy to the separation of church and state in Israel." On the other side, Meretz leader Zahava Gal-On criticized the draft for failing to protect minority rights, saying, "It fails to protect Israel's minority communities, such [as] women, those who wish to marry outside the Rabbinate, Arabs, non-Orthodox Jews, and the homosexual community."

Paper Features Role Of Police Chaplains

While a good deal of attention has been focused recently on military chaplains, today's Texarkana (Texas/Arkansas) Gazette carries an article about the role of police chaplains. Tommy Gaither, a chaplain with the Texarkana, TX police, said: "As a chaplain, I ride with the officers 10 hours per month.... We don’t initiate religious conversation with them, but if they ask us a question or approach us about something, we are at liberty to talk with them."

Rev. Jerry Creek of the Southwest Arkansas Baptist Association, a former police chaplain who is now a military chaplain said that he approaches both chaplaincies alike: "No distinctions are ever made about denomination and we don’t push people towards religion. So many men and women are going off to war and many of them have questions. Our response is to ask them if they have accepted Jesus Christ as their Savior or if they are in the process. When they tell us they are in the process, we offer to help them."

Science Education In Ohio Under Examination

In Columbus tomorrow, Ohio's State Board of Education is expected to again discuss Ohio's science standards and model lesson plan that call for critical analysis of evolution, as concern over the constitutionality of Ohio's approach continues. (Akron Beacon Journal.) (See prior related postings 1, 2 .) The Discovery Institute, a supporter of the theory of Intelligent Design, today released a Zogby poll that it commissioned in Ohio. The poll concluded that 68.8% of respondents want scientific evidence against evolution taught along with evolutionary theory.

Today's Toledo Blade ran an article on what is actually happening in Ohio classrooms. It suggests that some of those teaching intelligent design may have aberrational views about other aspects of science as well:

Michael Maveal wants his eighth-grade students at Jones Junior High to know the truth - as he sees it. So, the Toledo Public Schools science teacher tells them that evolution is an unproven theory, as is creation. He teaches them about Nebraska man, a creature rejected by science long ago, to demonstrate the fallibility of evolution. He teaches them that Pluto has never been seen. (It has.) He teaches them that humans are not animals. (We are.) He teaches them about the famous scientific hoax, Piltdown man, once purported to be an early human ancestor.

"I'm not afraid of dealing with all the fakery that's going on in all the science community,'' Mr. Maveal said. "We have to present information to the kids so they can make an intelligent decision for themselves. "I tell them what the scientists won't admit."

While Mr. Maveal is unusual in his willingness to acknowledge his disbelief in evolution, and his highly skeptical treatment of generally accepted science, his approach reveals the turmoil that exists in some science classrooms.

Muslim Prisoners Want Better Food Options In Washington State

Today's Seattle Times carries a story on complaints of Muslim prisoners about the food available to them in Washington state prisons. Muslims who wish to follow their religion's dietary restrictions are limited to a lacto-ovo vegetarian meal plan, which includes eggs and milk products but not meat. Inmates would like a diet that includes meat that is Halal. Lawsuits that have been filed in Washington state charge unequal treatment because Jewish prisoners are furnished kosher meals that include meat.

British Artists Seek Repeal of Blasphemy Laws

According to today's London Times, author Phillip Pullman and director of the National Theatre, Nicholas Hytner, are leading a campaign to repeal Britain's blasphemy laws which apply only to blaspemy against the Church of England. The offense of blasphemy dates back to the 1697 Blasphemy Act, and to common law principles even older than that. The law was last used in 1977 in a private suit against Denis Lemon, editor of Gay News, for publishing a poem about a gay Roman Centurion’s love for Christ. The Church of England has, in principle, agreed to repeal of blasphemy laws, but has wanted to wait until the Racial and Religious Hatred Bill was enacted. That bill has now been passed, albeit in watered-down form. (See prior related posting.)

Turkish Court Sanctions Teacher For Wearing Hijab

The Associated Press reported on Saturday that Turkey's highest administrative court, the Council of State, has ruled that a teacher should not be promoted because she wears a Muslim headscarf (hijab) outside of school. Turkish law, attempting to maintain a secular state, prohibits wearing the hijab in schools and other public buildings. Even though the teacher, Aytac Kilinc, removes the scarf each day while teaching, the court said she was setting a bad example for young people and violated the secular principles of the Turkish state by wearing it elsewhere. Both Prime Minister Recep Tayyip Erdogan and Foreign Minister Abdullah Gul condemned the ruling. Kilinc said she will appeal the decision to the European Court of Human Rights. About 99 percent of Turks are Muslims, but the country for decades has attempted to limit Islamic influence, which some see as an obstacle to Western-style modernization.

Two Courts Refuse To Interfere With Ecclesiastical Decisions

An opinion in a case decided last August by the Common Pleas Court in Philadelphia has just been made available. In re The Greek Orthodox Kathedrikos of Saint George (Aug. 22, 2005) involved a claim that eight members of the St George Parish Council were improperly removed as council members and officers of the church. The court found that the selection of the Parish Council is inextricably enmeshed with the issues of the composition of the church hierarchy, and as such may not be reviewed by a civil court where, as here, the highest judicatory authority of that church has ruled on it.

Yesterday's New York Times reports on a decision this week by a New York trial judge permitting the Catholic archdiocese of New York to tear down Manhattan's St. Brigid's church and build residential apartments on the site. Dismissing a challenge brought by a group of former parishioners and the Committee to Save St. Brigid's, Justice Barbara R. Kapnick wrote, "This court finds that it would be an 'impermissible intrusion into Cardinal Egan's ecclesiastical authority to mandate that he use those funds to reopen the building as a church and/or to require him to operate a parish therein."

Recent Publications

New Book:
Rex Ahdar (University of Otago) & Ian Leigh (Durham University), Religious Freedom In the Liberal State (Oxford Univ. Press, Dec. 2005). [from Eugene Volokh via Religionlaw listserv.]

New Article (from SmartCILP):
Kevin Pybas, Does the Establishment Clause Require Religion To Be Confined To the Private Sphere?, 40 Valparaiso Univ. Law Review 71-112 (2005).

Christian-Based Prison Proposed In Texas

Yesterday's Houston Chronicle carries an interesting story on a proposal by Bill Robinson, a former convict who is now a prison minister, to build a Christian-based prison in San Angelo, Texas. Robinson's Corrections Concepts Inc. is negotiating with Tom Green County on the details of a $35 million, 624-bed facility. It would be open to prisoners within 30 months of release who volunteer for the program. "They'll walk out with a marketable skill, $1,000 in savings, embraced by a church and committed to their family," Robinson said. Once a final agreement with the county is reached, Robinson must have commitments from state and federal jurisdictions to send at least 310 inmates before his underwriter — an Atlanta-based organization that specializes in selling bonds for church construction — will commit to financing. The American Center for Law and Justice has drafted a legal memo for Corrections Concepts concluding that the proposal is constitutional because all inmates will volunteer for the program.

Today Is Darwin Day

Today is Darwin Day-- the the 107th birthday of Charles Darwin. Events marking the occasion are planned around the world. Hundreds of Christian churches throughout the country are marking today as Evolution Sunday. Organizers have obtained signatures of 10,000 clergy on a letter supporting the compatibility of Christianity with evolution. The letter reads in part:

[T]he timeless truths of the Bible and the discoveries of modern science may comfortably coexist. We believe that the theory of evolution is a foundational scientific truth, one that has stood up to rigorous scrutiny and upon which much of human knowledge and achievement rests. To reject this truth or to treat it as "one theory among others" is to deliberately embrace scientific ignorance and transmit such ignorance to our children. We believe that among God's good gifts are human minds capable of critical thought and that the failure to fully employ this gift is a rejection of the will of our Creator. To argue that God's loving plan of salvation for humanity precludes the full employment of the God-given faculty of reason is to attempt to limit God, an act of hubris. We urge school board members to preserve the integrity of the science curriculum by affirming the teaching of the theory of evolution as a core component of human knowledge. We ask that science remain science and that religion remain religion, two very different, but complementary, forms of truth.

In a related development, in Ohio last Tuesday, 23 of the 32 scientists on the state's Science Content Standards Advisory Committee sent a letter to Governor Bob Taft urging the state school board to repeal portions of its science standards and lesson plans. The Cincinnati Enquirer reported on the letter that said current state guidelines undermine evolution by urging teachers to "critically analyze" the theory.

Criminal Charges Filed For Importing Skull For Religious Ritual

Last Thursday at Ft. Lauderdale-Hollywood, Florida International Airport, federal agents arrested a Vodou priestess for attempting to bring into the country from Haiti the skull of a man for use in religious ceremonies. Today's South Florida Sun-Sentinel reports that Myrlene Severe is accused of smuggling a human head without proper documentation, failing to declare the skull to customs and transporting hazardous materials. She faces up to 15 years in prison. Rafael Martinez, an anthropologist and expert in Afro-Caribbean religions, said skulls are commonly used in two prominent South Florida religions: Vodou and the Afro-Cuban religion called Palo Mayombe. In Vodou, it is common for practitioners to put a human skull on an altar in the home dedicated to spirits of the dead known as gede. The spirits contained in that skull are thought to have a powerful, positive influence on one's life.

Photographer Protected Even When Art Offends Religious Beliefs

Nussenzweig v DiCorcia (Feb. 8, 2006), decided last Wednesday by a New York state trial court, involved a suit filed by Erno Nussenzweig, a Hasidic Jew, against Philip-Lorca DiCorcia, a professional photographer. DiCorcia took a series of photographs of persons passing through Times Square, including Nussenzweig. Without obtaining the consent of any of the individuals, DiCorcia used the photos in a gallery exhibition, and in a catalogue that was published to go along with the exhibit. Nussenzweig's religious beliefs are violated by the use of the photo. He believes that DiCorcia's use of his image violates the second commandment prohibition against graven images. Nussenzweig sued under New York's privacy law, but the court rejected his claim, finding that artistic works are protected by the First Amendment and are excluded from coverage under the privacy law:

Plaintiff argues that the use of the photograph interferes with his constitutional right to practice his religion. The free exercise clause, however, restricts state action.... There is no state action complained of in this case, only the private actions of defendants. ...

Clearly, plaintiff finds the use of the photograph bearing his likeness deeply and spiritually offensive. The sincerity of his beliefs is not questioned by defendants or this court. While sensitive to plaintiff's distress, it is not redressable in the courts of civil law. In this regard, the courts have uniformly upheld Constitutional 1st Amendment protections, even in the face of a deeply offensive use of someone's likeness.... [C]onstitutional exceptions to privacy will be upheld, notwithstanding that the speech or art may have unintended devastating consequences on the subject, or may even be repugnant. They are ... the price every person must be prepared to pay for in a society in which information and opinion flow freely. [Thanks to Marc Stern via Religionlaw listserv for information.]