Spain Will Change Method Of Financing Catholic Church

Last Friday, according to the International Herald Tribune, the Spanish government announced a new arrangement for funding of the Catholic Church in Spain. The government will no longer give direct grants to the Church, and the Church will begin to pay the country's value added tax, as required by the European Union. In exchange, the amount that Spanish taxpayers can voluntarily elect to donate to the Church from their tax declarations will rise from 0.52% to 0.7%. As of last Friday, the Bishop's Conference of Spain had no comment on the arrangement until it saw the language of the new law.

Recent Prisoner Free Exercise Cases

In Brown v. Riley, 2006 U.S. Dist. LEXIS 66883 (WD MI, Sept. 19, 2006), a Michigan federal district judge adopted the report and recommendation of a magistrate judge that found a prison officer acted improperly in denying an inmate a kosher diet.

In Roddy v. West Virginia, 2006 U.S. Dist. LEXIS 68106 (ND WV, Sept. 21, 2006), a federal district judge dismissed without prejudice claims by an inmate that his free exercise rights were infringed when certain Native American religious items were confiscated from him. The court found that the inmate had not exhausted his internal grievance procedures before filing suit.

In Lee v. Wenderlich, 2006 U.S. Dist. LEXIS 67731 (WD NY, Sept. 21, 2006), a New York federal district judge permitted an inmate to move ahead with his First Amendment challenge to a prison rule that resulted in his name being removed from the list of those attending Ramadan services because he had 3 unexcused absences in attending.

In Mize v. Lewis, 2006 U.S. Dist. LEXIS 68008 (ED TN, Sept. 21, 006), a Tennessee federal district court upheld prison rules that denied a prisoner Christian Identity literature that promotes racism, anti-Semitism, and white separatist views connected with security threat group activity.

In Ghani v. Caldwell, 2006 U.S. Dist. LEXIS 66475 (ED MI, Sept. 18, 2006), a Michigan federal district court dismissed a Buddhist prisoner's claims regarding his access to vegan meals. The court found that he was now receiving such meals and that at the time meals were first refused, the 6th Circuit had held that RLUIPA was unconstitutional and the U.S. Supreme Court decision to the contrary had not yet been rendered.

Army Temporarily Enjoined From Placing Conscientious Objector On Active Duty

A federal judge in Boston has temporarily enjoined the Army from forcing into active duty a doctor who says that her religious conscientious objection was kindled only well after she had enlisted when in 2003 her father died. Today the Associated Press reports that Dr. Mary Hanna, a Coptic Orthodox Christian, had agreed to serve on active duty and then in the reserve in exchange for the Army's paying for her medical education at Tufts University. Her attorney says she will repay the $184,000 the government has paid for her education. The court set a hearing in the case for October 10.

Polygamy Ban Being Challenged In 10th Circuit Case

The Associated Press yesterday, in a widely disseminated article, discusses the briefs that have been filed in a U.S. 10th Circuit Court of Appeals case that is challenging the constitutionality of Utah's ban on polygamy. Challengers argue that they have a deeply held religious belief that plural marriage is ordained of God and is to be encouraged and practiced. They say that the polygamy ban unconstitutionally targets one religion. The brief focuses on the 2003 U.S. Supreme Court decision in Lawrence v. Texas that struck down Texas' homosexual sodomy statute as precedent for invalidating on privacy grounds Utah's polygamy laws as well.

"See You At The Pole" Is Tomorrow

Tomorrow is scheduled as the annual See You At The Pole gathering at schools around the country. Organizers describe the event on their website as: "a student-initiated, student organized, and student-led event. That means this is all about students meeting at their school flagpole to pray—for their school, friends teachers, government, and their nation. [It] is not a demonstration, political rally, nor a stand for or against anything." The website also offers advice on the rights of students to conduct these events before school hours begin, and the rights of adults to attend. Today's Ft. Myers (FL) News-Press carries an article on the background of SYATP and of the church-state issues surrounding it.

Clerics Maneuvering In Advance of Iranian Election of Assembly of Experts

The New York Times today reported on the machinations taking place in Iran as candidates are attempting to position themselves for the upcoming December 15 election of the Assembly of Experts-- a body of religious experts who oversee the Supreme Leader of the country.

Free Exercise Challenge To Migratory Bird Treaty Act Eagle Protection Rejected

In United States v. Tawahongva, 2006 U.S. Dist. LEXIS 67947 (D. AZ, Sept. 11, 2006), an Arizona federal district court rejected the motion of a member of the Hopi Indian tribe seeking dismissal of the indictment that charged him with illegally possessing a golden eagle in violation of the Migratory Bird Treaty Act. Defendant Berra Tawahongva claimed that his rights to free exercise of his religion would be infringed by forcing him to obtain a permit in order to gather eagles. The court held that Tawahongva lacked standing to challenge the permit system as applied to him, since he never attempted to obtain a permit. Insofar as he is asserting a facial challenge to the permit system, Tawahongva failed to show that his free exercise of religion was substantially burdened. Moreover, the United States has established a compelling interest in the protection of golden eagles and has demonstrated that the permit system is the least restrictive means of serving that interest.

Pope Meets With Muslim Envoys Over His Remarks

Reuters and Deutsche Welle are among those reporting that Pope Benedict XVI held a meeting today with the envoys of 22 Muslim countries plus the leaders of Italy's Muslim community in order to defuse Muslim anger over a speech he made in Regensburg, Germany on Sept. 12. During today's meeting at the Pope's summer residence in Castle Gondolfo, Benedict XVI urged a continuing dialogue between Christians and Muslims. He told the ambassadors: "I should like to reiterate all the esteem and the profound respect that I have for Muslim believers." Several of the envoys in attendance said they were satisfied with the meeting.

Parent's Suit Against School's "Opposite Sex Day" Survives Dismissal Motion

In Stanley v. Carrier-Mills Stonefort School District No. 2, 2006 U.S. Dist LEXIS 68061 (SD IL, Sept. 21, 2006), an Illinois federal district court refused to dismiss a claim by the parent of school children that the school's "Opposite Sex Day" violated her right to raise her children according to her Christian beliefs. The school encouraged, but did not require, students to dress for that day in clothing of the opposite sex. Plaintiff claims that even though not required, the stigma of not participating would effectively compel her children to cross dress, in violation of Deuteronomy 22:5 that reads: "A woman must not wear men's clothing, nor a man wear women's clothing, for the Lord your God detests anyone who does this."

Recent Articles On the Constitution, Law and Religion

From SmartCILP:
David B. Kopel, The Catholic Second Amendment, 29 Hamline Law Review 519-565 (2006).

Pat Nolan & Marguerite Telford, Indifferent No More: People of Faith Mobilize to End Prison Rape, 32 Journal of Legislation 129-141 (2006).

From SSRN:
Richard W. Garnett IV & Joshua D. Dunlap, Taking Accommodation Seriously: Religious Freedom and the O Centro Case (2006 Cato Supreme Court Review 257 ).

From Bepress:
Robert J. Delahunty, Varied Carols: Legislative Prayer in a Pluralist Polity (August 24, 2006).

University Of Wisconsin Refuses To Recognize Catholic Foundation As Student Group

On Friday, the University of Wisconsin- Madison informed the UW Roman Catholic Foundation that it would not be recognized as a student organization because it is not controlled and directed by students as required by University rules. Only 3 of the group's 12 board members are students. The Associated Press on Saturday reported that the group is the oldest and largest religious organization on campus. The University's e-mail was received just as the Foundation was filing a complaint with the U.S. Department of Justice alleging that the University has violated court decisions requiring funding of student groups without regard to their viewpoints.

Last May, the University's chancellor reluctantly recommended approval $145,000 for the Foundation even though he believed that use of the funds for an evangelical ministry, prayer groups and Lenten booklets would violate the Establishment Clause. Recently the University applied the rule requiring students to control recognized organizations to deny recognition to the Knights of Columbus as a student group. (See prior posting.)

Religion In Russian Schools

Monday's Moscow Times carries an interesting article on the teaching of Orthodox culture in Russian schools. Schools in the Moscow region have been experimenting with the classes for six years. However no clear guidelines are in place for what can be taught. The article discusses one teacher's course that covers specific holidays in the Russian Orthodox Church.

Vermont Supreme Court Rejects Free Exercise Argument In License Suspension

In Office of Child Support ex rel. Stanzione, (Vt. Sup. Ct., Sept. 13, 2006), the Vermont Supreme Court took only one week after oral arguments to decide that the mother, whose drivers license was suspended for nonpayment of child support, had not made a threshold showing that suspending her drivers' license would substantially burden her free exercise of religion.

Church Land Use Denial Arises In Claim Against Army

A recent decision by the United States Court of Federal Claims raises a church land use issue in an unusual setting. Grace Church of Los Alamitos, California was refused a conditional use permit for property it wished to purchase located next to a military air base. The current owners of the property, whose contract to sell the property to Grace Church was conditioned on the Church obtaining a conditional use permit, claimed that a United States Army study of property near the airfield, issued in violation of applicable regulations, caused unfounded public safety concerns by warning that the property was near the airfield's crash zone. The House of Representatives, pursuant to 28 USC 1492, referred the claim to the Court. In Davis v. United States (Ct. Fed. Cl., Sept. 15, 2006), the court found that the Army's study was not a substantial factor in the city's denial of a permit. The city was already aware of the problems flagged by the report. So that there were no damages caused by the Army report and the owners therefore had no valid claim against the United States.

Recalled Trustee's Challenge To Pledge of Allegiance Fails

Habecker v. Town of Estes Park, Colorado (D. CO, Sept. 21, 2006), is a challenge to the words "under God" in the Pledge of Allegiance that arose in a rather unusual context. David Habecker, a town trustee was recalled in an election in which the dominant issue was whether citizens wished to be represented by an official who refused to stand and recite the Pledge of Allegiance at trustees' meetings. A Colorado federal district court dismissed the case on standing grounds because it was not the Pledge that caused Habecker's recall, he was not forced to recite the Pledge, and a declaratory judgment regarding the Pledge would not remedy his recall. It found that the case was moot because Habecker was no longer in office. The court went on to find that even if the case were justiciable, since trustees' meetings could be opened with an explicit prayer, there was no constitutional problem with opening the meetings with the Pledge. Finally the court held that the action of citizens in circulating a petition and voting for Habecker's recall was private action, not state action.

A report on the case in Saturday's Rocky Mountain News points out that the U.S. Justice Department had entered the case on the side of the town, arguing that the Pledge is merely a patriotic exercise.

Bush Addresses Muslims On Ramadan and In Radio Address

This week end, President Bush sent two complementary messages to Muslims and the Muslim world. On Friday, President Bush extended greetings to Muslims in America and around the world who are observing Ramadan. He said: "Ramadan and the upcoming holiday seasons are a good time to remember the common values that bind us together. Our society is enriched by our Muslim citizens whose commitment to faith reminds us of the gift of religious freedom in our country."

The next day in his weekly radio address, the President said that Muslim nations are bound together with other civilized nations in the struggle between moderation and extremism throughout the Middle East.

NAACP Says Clinic Closing For Jewish Sabbath Is Discriminatory

Last week, the Lower Hudson Journal News reported that the Spring Valley, New York chapter of the NAACP has filed a complaint with the Rockland County Commission on Human Rights alleging that a local medical and dental clinic is guilty of religious discrimination because it closes on Saturday to observe the Jewish Sabbath. The complaint alleges that this results in the clinic operators imposing their religious beliefs on others. Apparently the clinic has receive millions of dollars in federal funding. The complaint filed with the Human Rights Commission says that 80% of the clinic's patients are Black or Hispanic and would find it convenient to be able to visit the clinic on Saturdays rather than having to take off work for an appointment. [Thanks to Eugene Volokh via Religionlaw for the lead.]

UPDATE: Here is the full text of the complaint filed with the State Division of Human Rights by the NAACP, courtesy of Eugene Volokh.

President's Greetings As Rosh Hashanah Begins

The holiday of Rosh Hashanah, the Jewish New Year, begins at sundown this evening. Yesterday President Bush issued a Presidential Message sending greetings to those celebrating the holiday. He said in part: "As you begin the Days of Awe, your faith in the Almighty reminds us of the gift of religious freedom in our country and helps make the world a more hopeful place."

Detroit Muslims Say Charity Harassed Again This Ramadan

In Detroit on Monday, federal agents with the Joint Terrorism Task Force executed search warrants on the offices of the Muslim charity Life for Relief and Development, as well as on homes and an office of three others connected with the charity. This morning's Detroit Free Press reports that Muslim leaders charge that there is a pattern of government harassment of Islamic charities each year near the start of the month of Ramadan. An FBI spokesman denied the charges, saying that the FBI "does not target people because of their religion." The raid may be connected to work the charity did in Iraq before the 2003 Iraq war.

No Establishment Clause Problem With Minnesota Criminal Sexual Conduct Law

In State v. Bussmann, (MN Ct. App., Sept. 19, 2006), a Minnesota court of appeals rejected an Establishment Clause challenge to a statute that provides higher penalties for criminal sexual conduct that takes place "during a period of time in which the complainant was meeting on an ongoing basis with the actor to seek or receive religious or spiritual advice, aid, or comfort in private." The court relied on a 2003 decision in rejecting the argument that the statute excessively entangles religious doctrine with state law.