Officials Are Trying To Correct Tax Sale Of St. Louis Synagogue

In St. Louis, tax officials are in court today asking a judge to undo the sale at auction of a $4.5 million synagogue building-- Central Reform Congregation-- for $11,800. The problem arose because the synagogue owed a little over $4000 in back taxes on a house it had bought next door to the synagogue. The properties were combined on tax records because the synagogue failed to apply for a separate tax exemption for the synagogue building. So a dispute over taxes on the house subjected the entire property to a tax lien. Yesterday's St. Louis Post Dispatch gives details.

Pedophile Claims Free Exercise Protections

In Cleveland, Ohio yesterday, a man charged with sexually assaulting nine boys who have physical or mental disabilities argued in court that his activities were protected by the First Amendment's free exercise clause. According to the Associated Press, Phillip Distasio, who admits he is a pedophile, says he is the leader of a church called the Arcadian Field Ministries. He says having sex with children is a sacred ritual of his church. Distasio made the argument himself after his court-appointed lawyer refused to put forward a First Amendment defense.

Las Vegas Sued Over Ban On Feeding Homeless

In Las Vegas, Nevada yesterday, the ACLU of Nevada filed suit challenging an ordinance passed July 19 that prohibits "providing food or meals to the indigent for free or for a nominal fee" in any city park. The complaint alleges, according to the Associated Press, that the statute violates the First and 14th Amendments, including the rights to freedom of speech and free exercise of religion.

Canadian Muslim Claims Religious Right To Install Satellite Dish For Condo

In Halifax. Nova Scotia on Tuesday, a Human Rights Board of Inquiry held a hearing on a complaint by a Muslim condominium owner who claims religious discrimination because condo rules do not permit him to keep a satellite dish that he installed for religious reasons. Wednesday's Halifax Daily News reports that Ahmed Assal was told by the condo managers that he could not install a dish that picks up 18 Arabic channels from the Middle East. Assal wanted the satellite dish so he could to teach his three children about their religion, language, culture and traditions. One of the managers told him that satellite dishes were not permitted under the condominium bylaws and that a dish could damage the roof. After 21 months, Assal moved ahead and installed a dish on a tree in his backyard. He says that the condo board has granted exceptions to various rules for other owners. But the managers say those other owners, unlike Assal, made formal requests for rule waivers.

Pennsylvania Zoning Ordinance Challenged By Church

Liberty Counsel has filed a federal lawsuit on behalf of the Lighthouse Christian Center against the city of Titusville, Pennsylvania, challenging the city's zoning ordinances that exclude churches from commercial areas and only permit them in areas zoned residential. CNSNews.com reported yesterday that the lawsuit alleges that the "church-free" zoning rule violates the federal Religious Land Use and Institutionalized Persons Act.

Nigerian State Claims Sharia Legal System Is A Success

On Wednesday, the Nigerian paper This Day carried a long article on the success of the Sharia legal system that has been operating for seven years in the Nigerian state of Zamfara. Government officials claim the following achievements for the system: "Institutionalization of equity and justice in the conduct of government business, reduction of crime rate at all levels of society, greater respect for human rights and the entrenchment of such rights, greater awareness of Islamic teachings and practices by the citizens of the state, ... [and] the curtailing of alcoholism and prostitution which led to the closure of 2, 800 brothels and beer palours. Similarly, cinema houses were outlawed and were subsequently purchased from the owners and converted to offices or learning centres." Also fears that non-Muslims would disinvest did not materialize.

Christian Rock Band Loses Suit Against School That Canceled Concert

In a case decided Tuesday by a federal district judge in Toledo, Ohio, the court rejected First Amendment and Equal Protection claims by a Christian rock band whose planned concert at Rossford (Ohio) High School was cancelled out of concern that it might violate the Establishment Clause. In Golden v. Rossford Exempted Village School District, Case 3:05-cv-7052 (ND Ohio, July 31, 2006), the court held that "a student assembly, held during school hours, with only one musical performer approved by the Principal, bears the imprimatur of the School." Therefore, it said, the school was entitled to exercise editorial control over the performance. Cases involving requirements of viewpoint neutrality, the court said, do not apply where the state creates no forum for speech.

The court also rejected the band's claim that it was discriminated against because of its religious identity, in violation of the equal protection clause. The court said, "Where speech is government speech, the government is entitled to exercise control over its presentation... Defendants were entitled to discriminate against Plaintiffs because of their Christian religious identity precisely because the assembly audience might associate that identity with the School...." Moreover, the court said, avoiding a potential Establishment Clause violation is a compelling interest that overcomes any equal protection objection.

Here is the full text of Plaintiff's and Defendant's motions for summary judgment. Today's Toledo Blade covers the case, reporting that plaintiffs say they will take the case to the U.S. 6th Circuit Court of Appeals.

UPDATE: The full opinion is available online thanks to How Appealing.

Moderates Will Regain Control Of Kansas School Board

The Kansas City Star reports that in yesterday's Kansas State Board of Education primary election, it appears that two moderate Republicans who favor teaching a conventional science curriculum have defeated two current conservative board members who favor teaching of intelligent design. Five board seats were at issue. In the other three races, incumbents (2 conservative Republicans and one moderate Democrat) held onto their seats. These results assure that moderates will win a majority on the Board in the November general election. Last year by a 6-4 vote, the conservative majority on the Board adopted science standards that favor teaching approaches that are critical of evolution. Here are the official results from the Kansas Secretary of State's office.

RLUIPA Claim and Constitutionality Upheld By 9th Circuit

Yesterday in Guru Nanak Sikh Society of Yuba City v. County of Sutter, (9th Cir., Aug. 1, 2006), the U.S. 9th Circuit Court of Appeals ordered Sutter County, California to issue a Sikh temple a conditional use permit to permit the construction of a temple on a parcel of land zoned as "agricultural". The county had denied permits twice, under conditions that significantly lessened the prospect that the group would be able to find any acceptable location. The court found that the county thereby imposed a substantial burden on Guru Nanak's exercise of religion in violation of RLUIPA. The Court also held that RLUIPA's religious land use provisions are a constitutional exercise of Congress' powers to enforce the 14th Amendment, saying "RLUIPA is a congruent and proportional response to free exercise violations because it targets only regulations that are susceptible, and have been shown, to violate individuals’ religious exercise." Today's Marysville-Yuba City Appeal Democrat covers the decision. [Thanks to Anthony Picarello via Religionlaw listserv for the information.]

Senate Passes Mt. Soledad Cross Bill Giving Title To U.S.

By unanimous consent on Tuesday, the U.S. Senate approved the bill-- previously passed by the House-- to transfer to federal control the land on which the Mount Soledad war memorial cross stands. Yesterday's San Diego Union-Tribune reports on the Senate's quick action, and says that President Bush is expected to sign the law. Under the bill, the Department of Defense will manage the monument and the private Mount Soledad Memorial Association will continue to maintain it. Federal courts have ordered the cross removed, finding that it violates California's constitution. Proponents argue that the federal government has greater leeway. And while a federal court has found the cross to be a violation of the California Constitution and a state court has held that it would be a violation of the California Constitution for San Diego to transfer the cross to the United States, this new bill has the United States take title without the city taking any action to transfer it. Last month, U.S. Supreme Court Justice Anthony Kennedy issued a stay of the lower federal court's order to remove the cross, pending final adjudication of pending appeals. [CORRECTED]

Former FLDS Member Sues Police Officers Allegedly Controlled By Church

In Salt Lake City, Utah federal court, Andrew Chatwin, a former member of the Fundamentalist Church of Jesus Christ of Latter Day Saints, has filed a civil rights suit against three police officers from the twin cities of Hildale, Utah- Colorado City, Arizona. Details of the suit were reported yesterday by the Associated Press. Chatwin built his home in Hildale in 1992, but when he left the FLDS church, he turned it over to his father. Chatwin then tried twice to move back, but was blocked by police or family members who said they were acting on orders from former church leader Warren Jeffs. Chatwin argues that the cities' governments are under control of the church. Property and homes in the cities have been the community property of the church's United Effort Plan Trust. Church elders assigned vacant lots to FLDS men who then built their homes on them, but were not given deeds. Church leaders have also traditionally ordered families in and out of homes based on their obedience to church tenets, which include the practice of polygamy. Chatwin wants the court to award him damages and the deed to his house.

ACLU, Fox News, and Religious Expression

There is an interesting video posted on YouTube that critiques coverage of the ACLU by Fox News' Bill O'Reilly. The video contrasts O'Reilly's statements criticizing the ACLU for supposedly opposing all religious expression on public property with O'Reilly's statements equally criticizing the ACLU for defending expression by Fred Phelps' Westboro Baptist Church group that is picketing veterans' funerals. The video is titled Fox News Forgets ACLU Story Contradicts Fox Falsehood. [Thanks to Allen Asch via Religionlaw listserv for the information.]

Lawyers Ask India's Supreme Court To Change Temple Rules

In India, the Indian Young Lawyers Association (IYLA) and a group of women lawyers have filed a petition in the Supreme Court asking for it to order the government of Kerala and the head priest Tantri of Sabari Mala temple to permit women to freely enter the shrine. United News of India reported on Sunday on the lawsuit that was triggered by a controversy after film actress Jayimala said she had entered the temple and touched the deity. (See prior posting.) The Supreme Court petition claims that current restrictions on women between the ages of 10-50 entering the temple violate Articles 14, 15, 25 and 51A (e) of India's Constitution.

Charges Dismissed Against Street Preacher In Kansas City

In Kansas City, Kansas, officials have decided to drop criminal trespass charges of against Michael Wheeler who was arrested for preaching about his Christian beliefs and praying on a public sidewalk near the University of Kansas Medical Center. After being issued a warning, Wheeler was ticketed and spent 6 hours in jail. An Alliance Defense Fund release discusses the case and links to a copy of Wheeler's motion in Kansas City Municipal Court to dismiss the charges against him on First Amendment grounds.

Christians In China Continue Battles With Authorities

A number of reports are coming out of China regarding restrictions on Christian worship. Last week, Christian Newswire reported that on July 25, four well-known House Church Leaders in Sichuan were formally sentenced to 2 years "re-education through Labor". Also a number of actions have been taken against house churches in Wendeng City, including the arrest of worshippers.

Today a Reuters report carried in the Washington Post says that 3,000 Christians demonstrated against police in Hangzhou as authorities moved to tear down their newly-built church that had been constructed without official approval. Two people who were involved in the construction were arrested. The church was located in an industrial suburb where a commercial center was to be built. A local official said that the Christian group had been offered another nearby piece of land for their use. Today's New York Sun also covers the clash between police and church members, and presents a good deal of background information.

Sharia Law In Indonesia

Today's New York Times reports at some length on the administration of Sharia law in the Indonesian province of Aceh, the first province to adopt Islamic law as its civil law. Special Sharia courts to impose punishment such as caning have been operating for a year in Aceh. Now some of the other provinces in Indonesia are beginning to look to Aceh as an example. This threatens to change the traditional rather liberal interpretation of Islam that has prevailed in Indonesia.

Meanwhile in Jakarta, two of the five candidates for governor have promised that they will oppose any Sharia based laws in the capial city if they win next year's election. Today's Jakarta Post says that the 3 other candidates for governor did not participate in the debate where the statements were made.

How Churches Can Stumble Into Political Contributions That Violate the Tax Code

On July 19, Americans United for Separation of Church and State wrote to IRS officials asking them to investigate the Calvary Temple Church in Kerrville, Texas. (AU Release). Texas Ethics Commission reports disclosed that the congregation donated $1,000 to the Kerr County Republican Party on May 12, 2005, and $250 in 2003 and 2004. Last Friday, BNA's Daily Report For Executives [subscription required] interviewed the church's pastor, Del Way, who said that he had not intended to support a Republican Party candidate when he paid for an advertisement for "Golf Classics", a golf tournament sponsored by the local Republican Party. He said that the church also sponsors other community events, and several parishioners asked him to sponsor the golf tournament. Church officials saw it as a way of giving the church visibility. The problem was not caught by the church's outside auditor because the check was made out to the tournament, not to the Republican party. Americans United Executive Director Barry Lynn told BNA: "If you know it's a Republican entity and the purpose of the tournament is to raise money to elect Republicans, how can you not know what the money is going for?" Pastor Wey has asked the Kerr County Republican Party to return the funds.

British Court Awards Damages to Permit Religious Observance

A British court has awarded damages to the family of a Muslim woman in a persistent vegetative state for home care instead of nursing home care so that she can be provided with the religious regimen that she would have wanted. Today's Telegraph reports that even though it costs 70% more, this award by the London High Court will permit her devout family to share daily prayers and reciting of the Koran with her without having to travel extensive distances to visit her.

Texas City Says It Has Too Many Churches

Stafford, Texas has 51 tax exempt churches and religious institutions in its seven square mile boundaries. With no property tax, the city depends on business fees and sale taxes for revenues that churches do not produce. Today's Los Angeles Times reports that the city is looking for ways to keep more churches out of its remaining 300 undeveloped acres. Most who attend churches in Stafford live in Houston and elsewhere outside the city. Until an ordinance was passed in 2003, there was virtually no review of applications to build churches. City Councilman Cecil Willis said that when he asked the last 15 churches that located in Stafford why they chose the location, they replied that they had prayed about it and God told them to located there.

Recent Law Review Articles

From SSRN:

• William A. Wildhack III, Navy Chaplains at the Crossroads: Navigating the Intersection of Free Speech, Free Exercise, Establishment, and Equal Protection , 51 Naval Law Review 217 (2005).
  
• Jamie Darin Prenkert & Julie Manning Magid, A Hobson's Choice Model for Religious Accommodation , 43 American Business Law Journal, No. 3 (2006).

From SmartCILP:

• William B. Ewald, The Protestant Revolutions and Western Law (Reviewing Harold J. Berman, Law and Revolution II: The Impact of the Protestant Reformations on the Western Legal Tradition), 22 Constitutional Commentary 181-196 (2005).
  
• Christopher B. Harwood, Evaluating the Supreme Court's Establishment Clause Jurisprudence In the Wake of Van Orden v. Perry and McCreary County v. ACLU, 71 Missouri Law Review 317-366 (2006).
  
• Paul Heaton, Does Religion Really Reduce Crime?, 49 Journal of Law & Economics 147-172 (2006).
  
• Thomas M. Messner, Can Parachurch Organizations Hire and Fire On the Basis of Religion Without Violating Title VII?, 17 University of Florida Journal of Law & Public Policy 63-106 (2006).
  
• Elijah L. Milne, Blaine Amendments and Polygamy Laws: The Constitutionality of Anti-Polygamy Laws Targeting Religion, 28 Western New England Law Review 257-292 (2006).
  
• Daniel F. Piar, Majority Rights, Minority Freedoms: Protestant Culture, Personal Autonomy, and Civil Liberties In Nineteenth Century America. 14 William & Mary Bill of Rights Journal 987-1022 (2006).

The Spring 2006 issue of the Journal of Church and State has recently been published.