Four Justices, Other Officials, At Sunday's Red Mass

Four of the U.S. Supreme Court's five Catholic justices attended the Red Mass on Sunday at the Roman Catholic Cathedral of St. Matthew in Washington. Today's New York Times reports that many other cabinet members and politicians were also in attendance at the service that marks the opening of the Supreme Court's term. Here is the full text of the homily delivered at the service by Washington Archbishop Donald W. Wuerl. In it, he said: "The assertion by some that the secular voice alone should speak to the ordering of society and its public policy, that it alone can speak to the needs of the human condition, is being increasingly challenged." Zenit points out that this was Wuerl's first Red Mass. It was co-celebrated by Archbishop Pietro Sambi, the apostolic nuncio to the United States.

Malawi Human Rights Commission Orders Buddha Statues Out Of Orphanage

Last week, the Malawi Human Rights Commission ordered a Buddhist orphanage funded from Taiwan to remove statues of Buddha from all its dormitories. The Commission said their presence could force children into accepting Buddhism. Malawi's Constitution (Chap. IV, Sec. 23)provides how children and orphans are to be treated. Spero News reported on these developments on Sunday. Also, Malawi's deputy information minister, John Bande, praised the Buddhist community for constructing the orphanage but asked officials at the to consider allowing children there to eat meat.

Compromise On Chaplains In Defense Appropriations Act

On Friday, Congress passed the FY 2007 Defense Appropriations Act before it adjourned for its election break. The bill had been held up over language on military chaplains. The House version would have assured chaplains that they could pray according to the dictates of their own conscience, except for narrow limitations compelled by military necessity. (See prior posting.) The Senate version did not contain this language. The Conference Committee eliminated completely from the bill any language about chaplains. However the Conference Committee Report included language directing the Air Force and the Navy to rescind recent policies that they had adopted, and requiring them to reinstate earlier policies:

The conferees direct that the Secretary of the Air Force rescind the policy and revised interim guidelines concerning the exercise of religion in the Air Force issued on February 9, 2006, and direct that the Secretary of the Air Force reinstate the policy that was set fort in Air Force directive 52-1 dated 1 July 1999. The conferees further direct that the Secretary of the Navy rescind Secretary of the Navy Instruction 1730.7C dated February 21, 2006, titled "Religious Ministry within the Department f the Navy" and direct that the Secretary of the Navy reinstate the policy that was set forth in the Secretary of the Navy Instruction 1730.7B dated October 12, 2000.

The regulations that Congress ordered rescinded had been explicit in calling on chaplains to offer non-sectarian prayers when officiating at military events other than religious services. The earlier versions that are to be reinstated are less explicit on this issue. (Background on Navy policy. Background on Air Force policy.)

This is merely a temporary solution, however, to the debate over the extent to which military chaplains should be permitted to offer explicitly sectarian prayers at service-wide ceremonies with interfaith audiences. Those on both sides claimed that the compromise was a temporary victory. Jay Sekulow of the American Center for Law and Justice said:

In a temporary victory, Congress rolled back those regulations that were causing the difficulty for the chaplains and reinstated earlier regulations that were more protective of the free exercise of religion. Congress also said that they will visit this issue fully in January when the new Congress returns. We anticipate major hearings on these issues.

On the other side, Mikey Weinstein, founder of the Military Religious Freedom Foundation said that keeping the House language out of the final bill was a victory.

Does Yom Kippur Ceremony Violate Los Angeles Law?

LA Voice.org on Friday raised the question of whether a pre-Yom Kippur ceremony practiced by some traditional Jews violates the Los Angeles Municipal Code. The ceremony of kaparot involves swinging a live chicken over one's head, while reciting a set prayer in order to symbolically rid oneself of one's sins. It is intended to imbue people with the feeling that their very lives are at stake as they begin the Yom Kippur prayers for repentance. After the ceremony, the chicken is slaughtered and donated for a needy family to eat for the pre-Yom Kippur meal (or an equivalent value is given to charity). Most traditional Jews today swing money to be donated to charity over their head instead of a live chicken, but some communities still practice the more traditional form of the ritual. Los Angeles Municipal Code Chap. V, Section 53.67 prohibits animal sacrifice, which is defined broadly as "the ... killing of any animal in any religious ... ritual ... wherein the animal has not been ... killed primarily for food purposes, regardless of whether all or any part of such animal is subsequently consumed."

"First Monday" Without Oral Arguments To Accommodate Yom Kippur

Tomorrow, the first Monday in October, is the traditional day for the U.S. Supreme Court to open its term. However, because tomorrow is also the Jewish holy day of Yom Kippur, the opening day will be without the presentation oral arguments, according to Law.com.

Some More Prisoner Free Exercise Cases

In Fabricius v. Maricopa County, 2006 U.S. Dist. LEXIS 67423 (D AZ, Sept. 14, 2006), an Arizona federal district court rejected a free exercise claim by a jail inmate who alleged that the fact that female guards could see him using the toilet and shower violates the principles of modesty required by his Catholic religion. It also rejected his Establishment Clause claim based on allegations of the jail's lengthy playing of music that advanced Judeo/Christian religious doctrines.

In Massingill v. Livingston, 2006 U.S. Dist. LEXIS 68249 (ED TX, Aug. 9, 2006), a Texas federal magistrate judge recommended rejection of free exercise and RLUIPA claims of a prisoner who was a member of the Israyl Identity faith. The prisoner challenged the application of the prison's grooming requirements to him, seeking to grow a beard and shoulder-length hair. He also wanted to be kept separate from inmates of other races, and to have his meals for Saturday delivered to him on Friday so that prison employees who serve him would not have to work for him on Saturday.

In Vega v. Lantz, 2006 U.S. Dist. LEXIS 69120 (D CT, Sept. 26, 2006), a Connecticut federal district court permitted claims by a Muslim prisoner to proceed against certain of the defendants. The plaintiff had charged denial of daily congregate prayer, of Jumah services when no Islamic chaplain is present, a lack of timely Ramadan prayers,, insufficient calories in the meals during Ramadan, inability to purchase Islamic items, no Halal meats, no inmate chaplains, denial of his request for circumcision, improper handling of the Quran, and discrimination.

In Hill v. Cruz, 2006 U.S. Dist. LEXIS 69094 (SD TX, Sept. 26, 2006), a Texas federal district court dismissed for lack of proof a Muslim prisoner's claim that processed American cheese containing pork enzymes is placed in non-pork food entrees at the prison.

In Jordan v. Carr, 2006 U.S. Dist. LEXIS 68753 (ND IA, Sept. 22, 2006), an Iowa federal district court rejected a jail inmate's claim that he should be allowed to attend both Christian and Muslim religious services.

In Jonas v. Schriro, 2006 U.S. Dist. LEXIS 69427 (D AZ, Sept. 25, 2006), an Arizona federal district court rejected First Amendment and RLUIPA claims by a Native American prisoner who complained that he was prohibited from engaging in pipe ceremonies, smudging, wearing of colored headbands, and using a sweat lodge.

Middle School Sued For Refusing To Let Student Read Bible

The Rutherford Institute announced on Friday that it has filed suit against a Prince George’s County, Maryland school challenging its vice-principal's refusal to permit a student to read a Bible in the cafeteria during the lunch period. The incident took place at Dwight D. Eisenhower Middle School. The suit argues that the refusal violates the constitution as well as the school system's own regulations.

Competing Guides Issued For Catholic Voters

The Catholic social justice group Catholics In Alliance for the Common Good last week published Voting for the Common Good: A Practical Guide for Conscientious Catholics. It is described as "an essential tool for Catholics who wish to vote their faith this November". The Washington Post on Saturday reported that the group hopes to distribute at least 1 million of the guides before the November elections. A competing voting guide issued this year by Catholic Answers, Voting Guide For Serious Catholics, says that there are "five issues involving non-negotiable moral values in current politics": abortion, euthanasia, embryonic stem cell research, human cloning and same-sex marriage. In contrast, the guide issued by Catholics In Alliance says that Catholic voters should take into account a broader range of issues. It lists 18 issues that are important to Catholics, including poverty, immigration, the environment, global arms trade, workers' rights, nuclear disarmament and genocide.

Reacting to the new voter guide issued by Catholics In Alliance, Catholic League president Bill Donohue is quoted by LifeSite News as saying: "[It] is a slick attempt to get the abortion albatross off the necks of Catholic Democrats, but it's a failed effort-the noose is still there."

Boston Islamic Society Can Go To Trial On Defamation and Conspiracy Claims

According to the Boston Herald, on Friday a state court judge in Massachusetts rejected First Amendment defenses and ruled that a suit by the Islamic Society of Boston could move ahead to trial. The Islamic Society has sued a group of media defendants, a pro-Israel group The David Project, and terrorism specialist Steven Emerson for conspiracy and defamation. The court rejected the defendants' motion to dismiss as protected speech their stories that linked mosque officials to Islamic extremism and terrorist groups. These statements deterred donors from contributing to the building of a planned mosque in Roxbury. (See prior posting.)

Court Holds RLUIPA Claims Covered By Four-Year Statute of Limitations

In Couch v. Jabe, 2006 U.S. Dist. LEXIS 68216 (WD VA, Sept. 22, 2006), in what is apparently a case of first impression, a federal district court in Virginia held that claims under the Religious Land Use and Institutionalized Persons Act are covered by the four year statute of limitations in 28 USC 1658. That section provides that "a civil action arising under an Act of Congress enacted after the date of the enactment of this section [December 1, 1990] may not be commenced later than 4 years after the cause of action accrues." In reaching this conclusion, the court relied on a 2004 U.S. Supreme Court decision interpreting Sec. 1658.

The Virginia district court's holding came in a case in which a Sunni Muslim prisoner alleged that for several years during Ramadan he was denied adequate food and nutrition and was denied the Eid Al Fitr meal and prayer service. The court found that a reasonable jury might conclude that receiving only 1000 daily calories would substantially pressure inmates to break their Ramadan fast. It also permitted plaintiff to move ahead with his claims that Eid Al Fitr meals were served and the feast's prayer services were held at the wrong times to meet religious requirements.

Montana Church Loses Challenge To State Campaign Laws

Earlier this week, a Montana federal district court rejected a First Amendment free exercise and free expression challenge by the Canyon Ferry Road Baptist Church in East Helena, Montana to an order issued last March by the Montana Commissioner of Political Practices. (See prior posting.) The Associated Press reported yesterday that the court upheld the state's ruling that the church should have reported its support of activities in 2004 to get voters to pass a constitutional ban on gay marriage. The church's activities turned it into an "incidental campaign committee" under state law. The court rejected the church's argument that the state's campaign laws are unconstitutional.

UPDATE: Here is the full opinion in Canyon Ferry Road Baptist Church v. Higgins, (D MT, Sept. 26, 2006).

Suit Filed To Get VA Approval Of Wiccan Symbols On Military Headstones

Yesterday, the American Civil Liberties Union filed suit on behalf of several plaintiffs, asking the United States Court of Appeals for Veterans Claims "to direct the National Cemetery Administration (NCA) of the Department of Veterans Affairs (VA) to respond to long-pending applications to include the Wiccan Pentacle among the emblems of belief that may be engraved on government-issued headstones and markers of deceased veterans." In the complaint in Egbert v. Nicholson (full text), plaintiffs based their request on the Administrative Procedure Act, the First Amendment's free expression and establishment clauses, and the Religious Freedom Restoration Act. In a press release announcing the filing of the litigation, the ACLU quoted its staff attorney, Aaron Caplan: "The government has no business picking and choosing which personal religious beliefs may be expressed. All veterans, regardless of their religion, deserve to have their faith recognized on an equal basis." (See prior related posting.)

Tennessee School To Reconsider Distribution Of Gideon Bibles

The Lebanon Tennessee Special School District is considering whether to end a long-time practice of permitting the Gideons to drop off Bibles on display tables in the schools once each year for interested fifth graders to take home. The Tennessean reports that the board decided to re-examine its policy after a parent complained that the practice takes away from parents the decision as to what religious literature their children should receive.

Airport Will Accommodate Muslim Cabbies' Objections To Alcohol

The Metropolitan Airports Commission of Minneapolis-St. Paul, in Minnesota, is dealing with a new issue of accommodation of Muslim religious practices. On Thursday, the Minneapolis Star-Tribune reported that some 75% of the 900 taxi drivers at Minneapolis-St. Paul International Airport are Somalis, many of whom are Muslim. Observant Muslim cabbies object to transporting passengers carrying alcohol that is openly displayed. So arriving passengers are sometimes refused taxi service when a driver sees them carrying wine or liquor. To deal with the issue, the Airports Commission is proposing to place color-coded lights on taxi roofs to indicate which cabs will accept riders carrying alcohol. Taxi starters at the airport curb will then be able to direct passengers carrying, for example, duty free bags containing alcoholic beverages to cabs that will accept them. [Thanks to Eugene Volokh via Religionlaw for the lead.]

Security At Red Mass Does Not Violate Religious Protesters' Rights

In Mahoney v. United States Marshals Service, (DDC, Sept. 27, 2006), the federal district court for the District of Columbia this week upheld security arrangements imposed by the US Marshals Service on the Red Mass held each year in St. Matthew's Cathedral just before the first Monday opening of the U.S. Supreme Court's session. A Presbyterian minister, a fellow-Christian, and a Christian religious organization had claimed that the restrictions on protesters violated their First Amendment speech rights and the Religious Freedom Restoration Act. The plaintiffs wished to carry signs supporting the public display of the Ten Commandments. The court found that the challenged security restrictions were narrowly drawn, content neutral time, place and manner regulations, and that they did not impose a substantial burden on plaintiffs' free exercise of religion. Demonstrators had adequate alternative channels available to them. [Thanks to Blog from the Capital for the lead.]

Many New Articles Of Interest Have Recently Appeared

From American Political Science Association:
Carolyn M. Warner & Manfred W. Wenner, Religion and the Political Organization of Muslims in Europe, (Perspectives on Politics, Sept. 2006).

From SSRN:
Tanya Marie Johnson, The Defense of Marriage Act and the Establishment Clause , (April 21, 2006).

From Bepress:
Jennifer Kreder, Undoing the Native American Graves and Repartriation Act, (September 6, 2006).

Elisabeth D. Reid, The Faith Based and Community Initiative and the Challenge Posed by the Establishment Clause, (September 9, 2006).

Andrew Koppelman, Conscience, Volitional Necessity, and Religious Exemptions, (September 15, 2006).

Kojo Yelpaala, Legal Consciousness and Contractual Obligations, (September 19, 2006).

From SmartCILP:
Adlia Abusharaf, Women in Islamic Communities: The Quest for Gender Justice Research, 28 Human Rights Quarterly 714-728 (2006).

Waheeda Amien, Overcoming the Conflict Between the Right to Freedom of Religion and Women's Rights to Equality: a South African Case Study of Muslim Marriages, 28 Human Rights Quarterly 729-754 (2006).

Nora O'Callaghan, Lessons from Pharaoh and the Hebrew Midwives: Conscientious Objection to State Mandates As a Free Exercise Right, 39 Creighton Law Review 561-639 (2006).

Daniel J. Rosenthal, Charitable Choice Programs and Title VII's Co-religionist Exemption, 39 Creighton Law Review 641-665 (2006).

Panel: The History, Religion, and Philosophy of American Exceptionalism. Articles by Claes G. Ryn, Joseph Boyle, William T. Cavanaugh and Charles J. Reid, Jr. 3 University of St. Thomas Law Journal 211-310 (2005).

Tennessee School Sued Over "Praying Parents" Group

The ACLU of Tennessee filed suit in federal court this week on behalf of the parents of a kindergartener against the Wilson County (TN) Schools and various school officials. The lawsuit challenges Christian meetings and prayer events that are held at Lakeview Elementary School in Mt. Juliet, Tennessee. The Tennessean reports today that the challenged activities include a "Praying Parents" group that meets in the school cafeteria during school hours and drops off fliers in classrooms to let children know the group has prayed for them. The Praying Parents group is featured on the school's website. The suit also says that the school observed "National Day of Prayer" by holding a student poster competition and handing out "I prayed" stickers to students.

EEOC Sues On Behalf of Jehovah's Witness Waitress

The U.S. Equal Employment Opportunity Commission has filed a religious discrimination lawsuit against Razzoo's Cajun Cafe in Dallas, Texas, according to yesterday's Dallas Business Journal. The suit grows out of a complaint by a Jehovah's Witness who was employed as a waitress at the restaurant. She requested not to be part of birthday celebrations for customers at the restaurant because her religion forbids such celebrations. She offered to cover other waitresses' tables while they sang for customers, but the restaurant refused to accommodate her and instead fired her from her job.

Hungarian Protests Have Antisemitic Flavor

Today's edition of the Forward reports that the anti-government riots that have shaken the Hungarian capital of Budapest for over a week have used antisemitic terminology and symbols. Among these are the red and white flag of Hungary’s World War II fascists. Hungarian Prime Minister Ferenc Gyurcsány has been condemned by rioters and their sympathizers in veiled, and sometimes more explicitly, antisemitic language. Gyurcsany is not Jewish.

Religious Polygamists Prevalent In Upscale Utah Subdivisions

A syndicated article from the Chicago Tribune today focuses on the prevalence of polygamy in upscale subdivisions around Salt Lake City, Utah. After US. Senate Minority Leader Harry Reid from Nevada, who is a Mormon, wrote Attorney General Alberto Gonzales on Sept. 12 to request a federal task force to investigate polygamous sects in the Western U.S. (full text of letter), many polygamists have come forward to defend their religious beliefs in plural marriage. They say it fulfills the mission of all Mormons to be fruitful and multiply and to ascend to the highest reaches of heaven. They decry the fact that the mainstream Mormon church in 1890 abandoned polygamy for what they see as political expediency. Experts estimate that 40,000 people live in polygamous families in the Western U.S., with most of those in Utah.