Israeli Government Suspends Welcome For Bnei Menashe

The Israeli government has temporarily halted the immigration to Israel of the Bnei Menashe, a group of about 7000 individuals living in India who claim descent from Jews exiled before the destruction of the First Temple, and who still live as Jews according to the Old Testament. Yesterday the Jerusalem Post reported that the government is halting all conversion activity among the group in India while an inter-ministerial committee reviews its policy toward those who have not completed the conversion process. 216 Bnei Menashe in India have already completed conversion and are awaiting transport to Israel. The problem began in 2003 when then new Interior Minister Avraham Poraz of Shinui stopped the group's immigration claiming that they were only coming for economic reasons, and that their supporters in Israel merely wanted them to come to help populate areas outside the Green Line.

New Scholarly Articles On Church-State Issues

From SSRN:
Josh Chafetz, Social Reproduction and Religious Reproduction: A Democratic-Communitarian Analysis of the Yoder Problem, (forthcoming 15 William & Mary Bill of Rights Journal (2006)).

From BePress:
Christian M. Keiner, Preaching from the State’s Podium: What Speech Is Proselytizing Prohibited by the Establishment Clause? (June 2006).

From SmartCILP:
Naz K. Modirzadeh, Taking Islamic Law Seriously: INGOs and the Battle for Muslim Hearts and Minds, 19 Harvard Human Rights Journal 191-233 (2006).

Andrew Koppelman, Is It Fair To Give Religion Special Treatment?, 2006 University of Illinois Law Review 571-603.

Defamation Claim Against Church and Minister Dismissed

In Trice v. Burress, Okl. Ct. Civ. App., June 27, 2006), an Oklahoma appellate court upheld the dismissal of a defamation claim that had been brought against Wesley United Methodist Church of Shawnee, Oklahoma and its senior minister by Todd Trice, former youth director of the church, who had been terminated from his position. Trice alleged that the church's senior minister had told a church member that Trice had been dismissed because he was questioning his sexuality. The court held that adjudicating the claim would involve an impermissible inquiry into church disciplinary matters, barred by the First Amendment. It also held that there is a qualified privilege for statements between church officers or members about the conduct of other officers or members, as matters affecting a common interest or purpose.

Church Challenges Denial Of Permit For Music Festival

The Pittsburgh, Pennsylvania Tribune-Review reported Saturday that a suit has been filed in federal district court in Pittsburgh by William D. Pritts, founder of the Church of Universal Love and Music (CULM). He alleges that Fayette County officials infringed his First Amendment free exercise rights last year when they denied his request for a special-exception permit to conduct nondenominational, interfaith services on his agricultural property in Bullskin Township. The county zoning board said that Pritts was operating a music business, not a church. Neighbors have complained for five years about the noise and traffic from day-long summer funk, jazz and rock concerts featuring well-known musicians on Pritts' 147-acre property. The complaint in the lawsuit alleges: "Defendants have chosen an overbroad prohibition of CULM from holding further events of any type, religious or commercial at the facility that places the maximum burden on CULM's religious exercise, despite the availability of several alternatives that do not burden the CULM's religious exercise."

Human Rights Groups Call For Repeal of Pakistan's Hudood Laws

In Pakistan, according to Saturday's AsiaNews.it, a group of eleven human rights organizations have called for repeal of the Hudood ordinances that were originally adopted in 1979 based on strict Islamic law. The laws relate to property rights, and to adultery and rape. Under the ordinances, a woman who is a victim of rape must bring before an Islamic court the testimony of four adult Muslim males who witnessed the act and can testify the act was carried out using violence. If the victim is unable to produce these witnesses, she may find herself accused of adultery. Also the laws prohibit non-Muslims from being witnesses or judges in these trials. The groups say this provision violates Pakistan's constitutional guarantee of equal rights regardless of sex, religion, race or creed.

Texas Group Seeks To Keep Churches Out Of Politics

Last Thursday, according to the Sherman Texas Herald Democrat, the 600-member Texas Faith Network launched a campaign to get religious leaders to sign a pledge to refrain form endorsing candidates or political parties, and avoid involving their congregations with partisan campaigns. Rev. Samuel Hose of St. John Vianney Catholic Church in Round Rock, Texas said: "Dragging churches into partisan politics endangers the integrity of our houses of worship and is disrespectful of the faith and beliefs of all congregants."

Washington School Head Sued Over Veto Of Graduation Music Selection

Today' Seattle Times reports on another battle over high school graduation ceremonies. It has been a tradition at Henry M. Jackson High School in Mill Creek, Washington, for the seniors in the wind ensemble to select a favorite selection for the ensemble to play during commencement. This year they chose Ave Maria, which they had performed at a school concert in December 2004. However, Superintendent Carol Whitehead vetoed the selection as too religious for commencement ceremonies. So, at her mother's suggestion, Kathryn Nurre, an 18-year-old who played alto saxophone in the ensemble, filed suit in federal district court, with the assistance of the Rutherford Institute. (Release) "It was our graduation and it was our choice to pick the piece, and we didn't think they should be able to tell us we couldn't," said Nurre. Her mother added that the students were not attempting to make a religious statement in selecting the piece.

Bundestag Approves First Anti-Discrimination Bill

Expatica reports that on Thursday, the Bundestag, the lower house of Germany's Parliament, for the first time approved a German anti-discrimination law that bans any form of discrimination based on religion, as well as discrimination based on race, ethnic background, sex, sexual identity, age or handicap. Last minute changes eliminated from the act's coverage most firings of employees after business expressed fear that there would be a rush of lawsuits. Also excluded from coverage are landlords who rent out fewer than 50 units. The law is expected to be approved by the Bundesrat, Parliament's upper house, on July 7.

Recent Prisoner Free Exercise Cases

In Thomas v. Condit, 2006 U.S. Dist. LEXIS 43019 (WD NC, June 13, 2006), a North Carolina federal court dismissed First Amendment and RLIUPA claims of a Jewish prisoner who was given a Passover meal on the wrong date because of an error in the Director of Prison's memo on holidays. The court also dismissed the prisoner's complaint that he was not permitted to attend a Christian Bible class, finding that this did not substantially burden the religious rights of a Jewish inmate. Finally the court dismissed the claim that the prisoner did not receive a non-pork meal after fasting all day on Yom Kippur because the prison chaplain, who apologized for the mix-up, did not follow up on the original request for the meal. The court found that eating after fasting is not part of the religious requirements of Yom Kippur.

In Thompson v. Hooper, 2006 U.S. Dist. LEXIS 43822 (D. Kan., June 27, 2006), a Kansas federal court refused to reconsider a previous judgment against Tremain Thompson in his suit alleging deprivation of his free exercise rights by prison officials. Thompson wanted to demonstrate that he was wrongly housed in a restricted pod of the jail. The court said that this would be irrelevant since in its prior determination, it found that Thompson was able to adequately exercise his religion in that restricted environment.

A New York trial court upheld the policy of the Sullivan Correctional Facility on accommodating Muslim worship. SCF provided Shi'ite Muslims with separate religious instructional classes during the week, but the Friday Jumah Service combined Shi'ite and Sunni Muslims. In Matter of Holman v. Goord, (Sup. Ct. Sullivan Co., June 29, 2006), the court rejected plaintiff's request for separate Shi'ite services.

In Blount v. Fleming, 2006 U.S. Dist. LEXIS 44413 (WD Va., June 29, 2006), a Virginia federal Magistrate Judge recommended a finding that prison authorities' denial of an inmate's request to receive the common fare diet substantially burdened the inmate's free exercise of religion in violation of RLUIPA and the First Amendment. The inmate held a sincere belief in the House of Yahweh. However the Magistrate also found that the former head of the prison's Religious diet Committee was entitled to good faith qualified immunity in the claims filed against him personally.

Court Says Veganism Is Not A Religion

In McDavid v. County of Sacramento, 2006 U.S. Dist. LEXIS 43711 (ED Cal., June 27, 2006), a California federal court held that even though the belief is sincerely held, veganism is not a "religion" for purposes of the First Amendment or RLUIPA. The issue arose in the context of a prisoner's request for a vegan diet. The court held: "Plaintiff's veganism ... does not address 'fundamental and ultimate questions;' it has no formal and external signs. Plaintiff does not allege the existence of any larger body of adherents to which he belongs. Instead, he describes his veganism as a 'right and appropriate way to live.' .... [Therefore] Plaintiff's dietary regimen is a purely secular lifestyle choice, not protected by the Free Exercise Clause."

Israel's High Court Asked To Enforce Its Holding On "Pop-Over" Conversions

In Israel, the World Union for Progressive Judaism has petitioned the High Court of Justice in order to force the Interior Ministry to recognize the Court's 2005 ruling mandating the recognition of so-called "pop-over conversions". The 2005 ruling held that a person who studies Judaism in Israel under the auspices of the Conservative or Reform movements, and then goes abroad for a conversion ceremony in one of the recognized Jewish communities overseas, must be recognized as Jewish under the Law of Return. Haaretz today reports that the Population Administration has not yet adopted rules to implement the Court's holding. The petition filed two weeks ago is on behalf of a woman who underwent a Reform conversion in Brazil after studying in Israel, but whose attempts to register as a citizen under the Law of Return were rebuffed by the Interior Ministry.

Contempt Findings In Louisiana School Prayer Case

On Wednesday, a federal judge in New Orleans partially granted two civil contempt motions against the Tangipahoa Parish School Board for violating an August 2004 consent order regulating prayer in the school system. 2theadvocate.com today reports on this development in the three-year battle between the ACLU and the school board. At issue were two school banquets at which students offered prayers. The school board claimed that in each case the school board president who attended did not know in advance about the prayers, and the school principals at the banquets believed-- incorrectly-- that student initiated prayers were permissible under the consent decree. Federal district Judge Helen G. Berrigan said in her ruling that school officials should have intervened to stop the prayers, and that good faith belief by the principals that the prayers were permissible is not a defense in a civil contempt action.

Some Religious Leaders Warn Against Jerusalem Gay Pride March

Today's New York Blade reports that some Jewish, Muslim and conservative Christian religious leaders warned that an international Gay Pride event scheduled for Aug. 6-12 in Jerusalem could trigger a worldwide Islamic uprising more intense than those that occurred after last year's publication of offensive cartoons in European newspapers. The leaders demanded cancellation of World Pride Jerusalem which was originally scheduled for last year, but was postponed because of the ongoing Israeli withdrawal from Gaza at the time. The Israeli Consular Office in New York said the Israeli government has no plans to interfere with the planned march. Israeli police and security agencies will provide the the same protection given to all public events.

Sheikh Ibrhim Sarsur, an Arab-Israeli member of the Israeli Knesset, said that if the Pride participants "dare to approach" Jerusalem's historic Temple Mount during the parade, "they will do so over our dead bodies." Event leaders say that the the Temple Mount is nowhere near the planned march route. Rabbi Sharon Kleinbaum of an LGBT synagogue in Manhattan said that opponents of Pride Jerusalem were using religion as a "weapon" for bigotry.

Report Urges British Prisons To Combat Institutional Religious Intolerance

The Associated Press reports today that in Britain, High Court Judge High Brian Keith has issued his report on British prisons. His investigation was prompted by the killing in 2000 of a Muslim prisoner by his racist cellmate at the Feltham Young Offenders Institution. The report cited 186 different problems-- many involving a breakdown of communications-- that contributed to the killing. Among other reforms, Keith recommended that the Home Office and the Prison Service introduce the concept of "institutional religious intolerance" to combat prejudice against Muslim inmates.

Oregon Pharmacy Board Modifies Conscientious Objection Policy

Earlier this month, the Oregon Board of Pharmacy issued a Clarification of its policy that permits pharmacists with moral or ethical objections to dispensing certain drugs to refrain from doing so. A pharmacist may not lecture a patient about the pharmacist's moral or religious beliefs. Pharmacies must insure that a patient's prescription needs are met either by another pharmacist on site or in another way. If the patient requests, the pharmacy must return the patient's prescription. Otherwise the pharmacy must identify another nearby pharmacy that will fill the prescription and refer the patient to it. Yesterday's Portland (OR) Catholic Sentinel reports on the policy changes that were requested by abortion rights groups. Gayle Atteberry, executive director of Oregon Right to Life, said "I am very disappointed that the pharmacy board did not stand up for those pharmacists who feel offended in their moral and religious conscience."

Sunday Closing Loophole To Be Closed In Nova Scotia

In the Canadian province of Nova Scotia, Premier Rodney MacDonald is acting to remove a loophole from the province's Sunday closing law that has permitted two large grocery chains to remain open on Sunday. Nova Scotia voters in an October 2004 referendum supported a requirement that stores with more than 4,000 square feet of retail space stay closed on Sunday. Two large grocery chains subdivided several of their stores into smaller businesses to get around the law. MacDonald said that a new plebiscite on Sunday closing will be held in 2008, but in the meantime the spirit of the voter's decision will be enforced. These developments were reported earlier this week in Today's Family News.

Malaysian State Gives Marriage Incentives To Get Animist Conversions

In Malaysia's northern state of Kelantan, the government's Religious Affairs Committee is unhappy over the low rate of conversion to Islam by the Orang Asli-- the state's indigenous inhabitants who are animists, according to yesterday's AsiaNews.it. Of the 12,900 Orang Asli in Kelantan, only 2,902 have converted. So the government has come up with a new plan. The government is offering a $2700 cash payment, an automobile and place to live, and an allowance of $1270 per month to any Muslim who marries an Orang Asli. Malaysian law requires anyone who marries a Muslim to first convert to Islam. The new policy has come under fire even from members of the Muslim community. Kelantan is the only Malaysian state governed by the extremist Pan-Malaysia Islamic Party.

Obama Urges Democrats To Talk More About Religious Faith

Speaking Wednesday in Washington at a conference on poverty sponsored by Sojourners, a progressive faith-based group, Illinois Senator Barack Obama said Democrats should to talk more openly about the role of religious faith in their lives. Today's Washington Post reports on the conference. Here is the full text of Obama's remarks posted by the Chicago Sun-Times.

Rabbi Has Been Consultant To Air Force On Religious Tolerance

Yesterday's Washington Jewish Week profiles Rabbi Arnold Resnicoff who has spent the past year as Special Assistant for Values and Vision to the Secretary and Chief of Staff of the Air Force. Resnicoff was called in after incidents of religious intolerance were reported at the U.S. Air Force Academy. Not only has Resnicoff worked on religious guidelines for the service, but he has moved more broadly to create a "values-based vision" for Air Force personnel. He believes that this may be more important in preventing future problems.

Autopsy On Executed Murderer Barred On Religious Grounds

In Nashville, Tennessee, lawyers for convicted murderer Sedley Alley who has just been executed by lethal injection have obtained a court order barring the state from performing an autopsy. Alley had religious objections to autopsy, according to today's Tennessean. In an attempt to prevent execution, Alley had unsuccessfully argued that the state's lethal injection protocol is cruel and inhumane. An autopsy might disclose whether Alley suffered as he was put to death. It is not clear whether the state will appeal the ruling by federal Judge Aleta Trauger.

UPDATE: The full opinion in the case, granting a prelimiary injunction on Free Exercise grounds as well as on the ground of lack of statutory authority is now available on LEXIS: Alley v. Levy, 2006 U.S. Dist. LEXIS 44641 (MD Tenn., June 28, 2006).