Judge's Accommodation Of Religious Needs Of Defendant Upheld

In Trubin v. Mazzuca, 2006 U.S. Dist. LEXIS 45321 (SDNY, July 6, 2006), a New York federal district court rejected a Muslim prisoner's claim that he was denied his free exercise rights at his burglary trial because the judge refused to completely adjourn jury deliberations on Friday. The court found that the judge had proposed a reasonable accommodation that would have adjourned the proceedings for two hours for the defendant to attend services and then return to the court room.

House Hearings On Religious Minorities In Middle East

Last week, the House Committee on International Relations, through its Subcommittee on Africa, Global Human Rights and International Operations, held hearings on The Plight of Religious Minorities: Can Religious Pluralism Survive? The subcommittee has posted the Hearing Notice, and the prepared statements of The Honorable Henry J. Hyde , The Honorable John V. Hanford III, Ms. Nina Shea, Father Firas Aridah, Ms. Rosie Malek-Yonan, and Ms. Kit Bigelow. It also posted the subcommittee Staff Report that was submitted for the record. The hearings focused on the plight of religious minorities in a number of countries in the Middle East. [Thanks to Blog from the Capital for the information.]

Parties Agree, But Judge Postpones Hearing On Chabad vs. Hollywood, Florida

The U.S. Department of Justice announced yesterday that a settlement has been reached in the lawsuit against the city of Hollywood, Florida that is charged with discriminating against a Orthodox Jewish Chabad congregation by removed a special zoning exception that had been granted to it for operating its synagogue. (See prior posting.) Under the settlement the city will allow the Hollywood Community Synagogue to operate permanently at its current location, and to expand within a block of that location. The city also agreed that its leaders and managers, and certain city employees, will attend training on the requirements of RLUIPA, and that it will adopt new complaint procedures and report periodically to the Justice Department. Finally, in a separate agreement, filed with the court at the same time, the city agreed to pay Chabad $2 million in damages, attorneys fees and costs.

The settlement still has to be approved by U.S. district Judge Joan Lenard, who could call a public hearing to allow neighborhood residents to voice their opinions on the settlement. (Miami Herald, July 6). This morning, Judge Lenard postponed the hearing that had been scheduled for today on the settlement. (Bradenton Herald).

UPDATE: Yesterday, four homeowners in the neighborhood filed a request asking Judge Joan Lenard to permit them to argue against the propposed settlement between Chabad and the city of Hollywood. (Miami Herald).

Australian Schools Object To Newly Mandated Salaries For Chaplains

In the Australian state of South Australia, 187 schools face the prospect of having to raise the pay of their school chaplains by 400%. ABC South East reports that a new state law requires school chaplains be paid by the hour, instead of being given a small honorarium as is done at present. Critics of the new law call it "atheism by stealth", since they say this could make chaplains unaffordable for many schools.

Priest Sues Community College For Religious Discrimination

The Associated Press yesterday reported on a federal lawsuit that was filed in Connecticut last January by Rev. James A. Crowley, who is a Catholic priest and a business professor at Naugatuck Valley Community College. Crowley claims that his promotion was delayed after one of his supervisors objected to his clerical clothing and his use of "Catholic examples" in business ethics classes. Crowley claims that his class was placed under surveillance by campus police for over two years. After Crowley complained about the delay in his promotion, he was moved to an undesirable office and given a harsh class schedule. The lawsuit also claims that Dennis E. Spector, a supervisor who supported Crowley, was wrongfully accused of workplace violence and moved to the same windowless office as Crowley.

Recent Prisoner Cases

In Eley v. Herman, 2006 U.S. Dist. LEXIS 44963 (ND Ind., June 21, 2006), an Indiana federal district court dismissed a prisoner's free exercise and RLUIPA claim that his rights were violated when he was not permitted to observe the Friday Jumu'ah prayer service during lunch times. The court permitted the plaintiff prisoner, Gregory Eley, to introduce more evidence on his complaint that the county jail refused to provide him a Koran. The court held that while the jail had no obligation to furnish religious materials to Eley, if he could show that the jail's Christian chaplain was acting under color of law in furnishing Christian material to inmates, Eley might have an equal protection claim.

In Gray v. Johnson, (WD Va., June 30, 2006), a Virginia federal district court rejected an inmate's Establishment Clause challenge to the Therapeutic Community Program (a 12-step program for those with a history of substance abuse) in which the inmate was required to participate in order to accrue good conduct time. Plaintiff John Martin claimed that fellow participants pressured him to adopt religious beliefs during mandatory group meetings. However the court found that TCP serves the important, secular purpose of rehabilitation, and that there is no indication that the program failed to strike the necessary constitutional balance between the inmates' right to speak and their right to be free from state-sponsored religious indoctrination. (See prior posting on Magistrate Judge's recommendations.)

Prague Cathedral Belongs To Church, Not State

In the Czech Republic, according to Catholic News Service yesterday, a court has held that St. Vitus Cathedral and surrounding properties in Prague belong to the Catholic Church. This holding reversed an earlier decision that the 660 year old cathedral containing tombs of kings and queens was "built from the dues of people regardless of their religion" and should be regarded as a symbol of the entire nation. On June 16, a Prague Municipal Court judge vindicated the claim of the Church to the cathedral that was nationalized under a 1954 Communist decree, and restored to the Church in a 1994 court ruling which a year later was overturned. In his decision last month, Judge Vladimir Fucik said the church's ownership of the cathedral had never been legally terminated.

County Fire Ban Impacts Native American Religious Ceremonies

In Gilpin County, Colorado, this summer's drought has created problems for Native Americans who wish to practice their traditional sweat lodge ceremony. Today's Rocky Mountain News says that officials have refused to exempt the ceremony-- which involves heating rocks with fire-- from the county's ban on open burning imposed to prevent wildfires. County Commissioner Al Price said that allowing ceremonial fires would open the floodgates for other people seeking a way around the ban. However Ray Rubio, a Southern Paiute, complains that the county did nothing to stop a Fourth of July fireworks show which he says was equally a fire danger. The county said it had no jurisdiction over the show in Black Hawk. Not all counties are as unyielding. Boulder County Sheriff Joe Pelle said the county tries to accommodate those who want to use fire for religious ceremonies during the county-wide fire ban. "We don't have problems with sweat lodge fires starting fires, we have problems with knuckleheads drinking in the woods and having campfires," he said.

Contempt Hearing Scheduled In Prisoner Autopsy Ban Case

Civil and criminal contempt hearings are scheduled in federal court in Nashville, Tennessee for July 28 as the daughter of executed murderer Sedley Alley claims the state medical examiner and a prison warden ignored an order issued by the court. The court, heeding Alley's religious objections, prohibited the state from performing an autopsy on Alley's body. (See prior posting.) Yesterday, the Knoxville News Sentinel reported that Glenn Funk, attorney for state medical examiner Dr. Bruce Levy, said that an autopsy was not performed, but that fluids were routinely removed from the body. Funk also said that the medical examiner's office did not know of the preliminary injunction that was issued only three hours before Alley's late-night execution, and was not served on authorities until the next morning.

Islamic Foundation In Zoning Fight In Pennsylvania

The Philadelphia Enquirer today reports on a zoning fight involving the Foundation for Islamic Education in Villanova, Pennsylvania. The Foundation wants to expand operations on its 23-acre campus. However neighbors say the group has violated many of the restrictions imposed on them by a 1994 zoning order. Religion does not appear to be playing a major role in the zoning dispute.

Belarus Prosecutor Objects To Jewish Holiday Celebration In School

The European Jewish Press reported yesterday that a Jewish music teacher in Belarus has been threatened with prosecution if she again goes beyond teaching her young public school students about Jewish traditions, and instead continues to organize holiday celebrations for them. Lyudmila Izakson-Bolotovskaya, the director of Alef, was supposed to be teaching a class on Jewish culture and traditions to 12 Jewish children at Mogilev's state-run Kindergarten No. 72. She is accused of "illegal and deliberate dissemination of religious dogma to young children, which could cause considerable harm to their world view, rights and legal interests." Belarussian Public Prosecutor Sergei Kopytov said Izakson-Bolotovskaya said the teacher's conduct violates the country's 2002 Religion Law which prohibits activity by religious organizations in educational institutions. Belarus is attempting to limit religious activity to existing houses of worship. (See prior related posting.)

New York Investigation Into "Christian Skate Time" Dropped

Last week, the New York Division of Human Rights dropped its inquiry into Christian Music Skate Time at an Accord, New York skating rink. (See prior posting.) The Middletown (NY)Times Herald-Record reported last week that the investigation, which had garnered national attention, was dropped after the rink explained that the skating events were open to everyone, but merely featured Christian music. Also, the rink changed the advertised name from "Christian Skate" to "spiritual skate". [Thanks to Media Law Prof Blog for the information.]

Air Force Flag Script Secularized

The Las Vegas Review-Journal today reports on a little-noticed change by the U.S. Air Force in its unofficial script that had been traditionally read at some flag folding ceremonies, attaching meaning to each of the 13 folds. The original script, written by an anonymous Air Forces Academy chaplain in the 1980's included these two lines: "The 11th fold, in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Isaac, and Jacob. The 12th fold, in the eyes of a Christian citizen, represents an emblem of eternity and glorifies, in their eyes, God the Father, the Son, and Holy Ghost." In January of this year, the Air Force revised its Honor Guard Manual to include a new script for flag folding ceremonies that is an historical account of the flag, with no religious references in it. Traditionally the scripts are not read at funerals, but are sometimes read at other ceremonies such as retirements and other special occasions.

U.S. Supreme Court Justice Delays Mt. Soledad Cross Order

Today' Los Angeles Times reports that on Monday the U.S. Supreme Court gave San Diego, California officials a reprieve from a federal court order to remove the Mt. Soledad Cross or else pay a $5000 per day fine. Associate Justice Anthony Kennedy ordered a delay until he or the entire court issues a further order. The city claims the cross is a war memorial, and thus does not violate the Establishment Clause. Prof. Carl Tobias of the University of Richmond said Kennedy's order is "fairly typical'' when justices want some time to further review an issue. (See prior posting.)

For Independence Day-- Religion and America's Founders

The July 4 holiday has brought a spate of articles on the religious views of America's founders. Here is one from the Macon (GA) Telegraph focusing on an interview with John Thomas Scott, a Mercer University professor of early American history and religion. Here is an article from uuworld.org on the views of John Adams and Thomas Jefferson that argues "Theologically, the second and third U.S. presidents were Unitarians." SFGate.com carries an interview with David L. Holmes, professor of religious studies at the College of William and Mary, and author of The Faiths of the Founding Fathers. Finally, here is a link to "State of Belief," The Interfaith Alliance Foundation's show on Air America Radio, which this Sunday discussed with four authors why the separation of church and state was important to America's founders.

Atheist Acquitted In Assault Case

A press release issued last week by American Atheists reports on the acquittal of Chester (Chuck) Smalkowski by a Guymon, Oklahoma jury. Smalkowski, an atheist, was charged with criminal assault after an altercation between him and Lloyd Buckley, his daughter's high school principal. Apparently the daughter, Nicole Smalkowski, was removed from the girls' basketball team after refusing to stand in a circle with her teammates on the gymnasium floor of the Hardesty High School and recite the "Lord's Prayer." False statements about the girl were apparently used as the basis for removal. The fight between the two men broke out when Smalkowski went to accused the principal of lying about Nicole. During voir dire, defense counsel had to explain to some of the potential jurors what an "atheist" is, in order to get an accurate answer to questions about possible bias.

Arguments In Malaysia's Federal Court In "Lina Joy" Case

The Malaysian news site Sun2Surf today has an extensive account of the arguments in Malaysia's Federal Court in the Lina Joy case. Joy converted from Islam to Christianity and wants the word "Islam" removed from her identity card, but the National Registration Department insists that she first furnish an apostasy certificate from the Sharia Court. (See prior posting.) During oral argument, the Chief Justice asked the lawyer for the Federal Territories Religious Council, Sulaiman Abdullah, why it is not discriminatory to require religion on the identity car of Muslims, but not of non-Muslims. Abdullah responded: "It is a useful provision and serves as a practical process like identifying a person's religion at death, the collection of zakat (tithes), for marriage purposes, for identification during the fasting month and so on." The case has attracted an unusual amount of attention in the United States because the American group, The Becket Fund, is heavily involved in the representation of Ms. Joy in the case, and has written a memo for Malaysian counsel analyzing the international and comparative law issues involved.

UPDATE: On July 4, Bernama reported additional details of oral arguments in the case and said that the Court will deliver its decision as quickly as possible.

Another Priest Attacked In Turkey

The Christian Post via AP reported the third attack against a Catholic priest since February in Turkey. The French priest, 74 year old Pierre Brunissen, was injured in the hip and leg and rushed to a hospital Sunday. A 16-year-old is currently being tried for the February killing of the Rev. Andrea Santoro, who was shot twice in the back after his attacker shouted "Allahu Akbar!" — Arabic for "God is great!"..

Court-Appointed Trustee For FLDS Properties Makes Progress

Today's Arizona Republic chronicles the progress that has been made by Bruce Wisan who was appointed by a Utah judge last summer to oversee the $120 million in assets of the Fundamentalist Church of Jesus Christ of Latter Day Saints. He has begun to privatize the land that had long been controlled communally by FLDS leaders. The land had been held by the United Effort Plan, a communal trust based on the frontier Mormon concept of an order in which workers donate their labor to a common fund to benefit all living in the community. Wisan also has sued the FLDS church for losses to the trust. Meanwhile a large FLDS temple has been built by the polygamous sect near Eldorado, Texas, and many from the twin cities of Colorado City, Ariz., and Hildale, Utah are apparently moving there.

USIP Urges US Support of "Islamic Renewal"

Yesterday's Morocco Times covered a special report by Abdeslam Maghraoui issued recently by the United States Institute of Peace (USIP) in Washington. The report argues that the only way for the U.S. to effectively counter Islamic extremism is to back "Islamic Renewal", a growing social, political, and intellectual movement whose goal is a deep reform of Muslim societies and policies. The USIP is an independent, nonpartisan institution established and funded by Congress. Here is the USIP's summary of the report and a link to the full text of the document titled American Foreign Policy and Islamic Renewal.