University Of The Cumberlands Withdraws Motion To Dismiss Suit Against It

As previously reported, in Kentucky in April a suit was filed in state court against the University of the Cumberlands, a private religious university located in Williamsburg. The suit challenged the constitutionality of state appropriations to the religiously affiliated institution for the building of a pharmacy school and for pharmacy scholarships. Originally the University filed a motion to dismiss arguing that plaintiffs lacked standing. Today, the Lexington Herald-Leader reports that the motion to dismiss was withdrawn because, if it had been successful, it would have left the validity of the appropriations still in doubt.

Alaska Constitution May Protect Religious Marijuana Use

In Lineker v. State of Alaska, (AK Ct. App., Oct. 4, 2006), an Alaska couple were arrested for possession of marijuana. They defended by invoking the free exercise clause of the Alaska Constitution. Claiming to be members and ordained ministers of the Universal Life Church and the Hawaiian THC Ministry Church, they asserted that oil from the cannabis plant was an essential part of their religion. The trial court rejected the defense, holding that even if the couple held sincere religious beliefs the state had a compelling interest in enforcing its drug laws.

The Court of Appeals reversed and remanded for the trial court to conduct an evidentiary hearing on whether the defendants' conduct was based on a sincere religious belief and, if so, whether the state has not merely a compelling interest in enforcing its drug laws, but whether that interest will suffer if an exemption is granted to accommodate these defendants' religious beliefs. The court said that the test under the Alaska Constitution was similar to the test under RFRA applied by the United States Supreme Court in its 2006 O Centro decision.

Suit Charges New York With Failing To Accommodate Religious Practices Of Prison Guards

The New York Civil Liberties Union yesterday (press release) filed a federal lawsuit challenging a policy that forbids state prison guards from wearing religious head coverings. The suit was brought on behalf of a devout Muslim who was informed that he could no longer wear a kufi while on duty at a state work-release program, even though he had been wearing it for many years without creating any problems. The complaint (full text) charges that the refusal by the State Department of Correctional Services to accommodate religious beliefs of prison guards "stands in sharp contrast to the policies of other agencies". Today's Albany Times Union reports on the case.

Saudis Try Al Qaeda In Shariah Courts

A report from Reuters published today in Qatar's The Peninsula says that Saudi Arabia has begun trying Al Qaeda militants in Shariah courts in which Islamic scholars apply religious law. Deputy Interior Minister Prince Ahmed bin Abdul-Aziz told reporters, "There are Islamic Shariah courts that specialize in these issues. The trials are continuing and ongoing. There are many who have been sentenced and are finished with." Commenting on the militants who began a campaign in 2003 to bring down the royal family by bombing Western housing compounds, he said, "God will judge them harshly. There is no justification at all for attacking peaceful civilians. We are an Islamic country and it is totally unacceptable that their slogan should be Islam."

Democrats Tout Religious Credentials In North Carolina

In western North Carolina where a hotly contested Congressional race is under way, a new political action group, Devout Democrats, plans to run an ad to show that Democrats are religious too. Today's Raleigh News & Observer reports that the ad features former UNC basketball coach Dean Smith saying, "I'm a lifelong Baptist and vote for Democrats. One reason? Democrats are serious about alleviating poverty." the quote is followed by a passage from the Gospel of Matthew about caring for the poor.

European Court Upholds Salvation Army Claim Against Russia

According to a report yesterday by the Associated Press, the European Court of Human Rights has ruled that the refusal by Russia to register the Moscow branch of the Salvation Army after a change in Russian law in 1997 violates the group's rights to freedom of religion and association under the European Convention on Human Rights. The Moscow Justice Department refused to register the group because its founders were foreign nationals. A Moscow district court then ruled on appeal that the Salvation Army branch should be denied registration as a religious body because it was a "paramilitary organization" whose members wore uniforms and served in an "army". The European Court rejected the paramilitary characterization, and held that there was no reason for Russia to treat foreigners different than Russian nationals as to their exercise of religious freedom.

Michigan City Deciding Whether To Move Creche To Private Property

Issues of holiday displays on public property are beginning to surface as the 2006 holiday season approaches. Today's Detroit News reported that in the city of Berkley, Michigan, an ad hoc committee of city council has been studying what to do with the city's traditional nativity scene. For 65 years it has been displayed outside City Hall, but last year the ACLU raised a question about it. The council committee is proposing three alternatives: move the creche to a nearby business property, establish a free-speech zone where any religious groups can display its symbols, or allow a group of religious leaders to rotate the display among churches. Mayor Marilyn Stephan, who supports a move, says that she has received angry e-mails from a coalition of residents calling themselves STAT -- Stopping the ACLU Tyranny-- who dislike any of the alternatives and want to continue the display at City Hall. City Council will discuss the issue at its Oct. 16 meeting.

Indian Court Will Hear Challenge To Jain Fasting Ritual

In India today, the Rajasthan High Court is hearing a Public Interest Litigation challenge to the practice of Santhara, a religious ritual in which seriously ill individuals fast themselves to death. The Shwetambar sect of the Jain community considers Santhara to be the ultimate spiritual achievement. CNN-IBN reports on the case.

More Prisoner Free Exercise Cases From September

In Zarska v. Whitely, 2006 U.S. Dist. LEXIS 69444 (D KS, Sept. 26, 2006), a Kansas federal district court rejected claims by a Seventh-day Adventist inmate that prison food service employees retaliated against him because of his religion by and failing to correct problems with his the special diet he was to receive for religious reasons.

In Barnes v. Pierce, 2006 U.S. Dist. LEXIS 69303 (SD TX, Sept. 26, 2006), a Texas federal district court permitted inmates to proceed with a claim that Muslim prisoners are not allowed the same opportunities as are available to prisoners of other faiths to practice their religion, but rejected a challenge to the prohibition on prisoners wearing beards.

In Colquitt v. Camp, 2006 U.S. Dist. LEXIS 69934 (MD FL, Sept. 27, 2006), a Florida federal district court permitted a Muslim plaintiff to move ahead with his claim against one of the jail officials he sued. Plaintiff alleged that officials refused to accommodate his dietary restrictions during Ramadan and retaliated against him for filing complaints in connection with his diet issues. It also held that defendant was not entitled to qualified immunity.

In Grant v. Sutton, 2006 U.S. Dist. LEXIS 70076 (SD IL, Sept. 27, 2006), an Illinois federal district court permitted a former inmate to move ahead with claims that prison officials did not give Muslim inmates full access to the prison chapel for prayer, would not allow Imams to lead services except during Ramadan, denied Muslim inmates permission to participate in religious festivals, denied them access to Qurans, denied plaintiff permission to attend religious classes and chapel, and barred him from leading worship services.

In Ferdinand v. Johnson, 2006 U.S. Dist. LEXIS 70986 (WD VA, Sept. 29, 2006), a Virginia federal district court held that a prison's grooming policy did not violate the Religious Land Use and Institutionalized Persons Act.

Morocco Ministry Changes Religious Textbooks

Islam on Line reported Tuesday that the Ministry of Education in Morocco, as part of its curriculum reform efforts, has made several changes in a Revival of Islamic Education textbook used in public schools. The changes are an attempt to deter Islamic extremism. The changes include deletion of a verse from the Quran that instructed women to "lower their gaze and be modest ... and to draw their veils over their bosoms". The Ministry also removed a hadith that cursed men dressing in women's clothing and women putting on men's clothing. Finally it deleted a photo of a girl wearing hijab and kissing her mother's hands.

Indiana Supreme Court Upholds Striking Clergy From Jury Panel

In Highler v. State of Indiana, (IN Sup. Ct., Oct. 4, 2006), the Indiana Supreme Court held that a prosecutor's decision to use peremptory challenges to strike members of the clergy from a jury panel "because they’re more apt for forgiveness" was permissible. While striking jurors because of their religious affiliation is unconstitutional, the court said that here "the State’s justification for striking [the juror] was not his religious affiliation, but his occupation". Today's Fort Wayne Journal Gazette reports on the case.

Nevada Clergy Endorse Measure To Liberalize Drug Laws

In Reno, Nevada yesterday, according to the Associated Press, a group of 33 clergy endorsed a measure that will be on November's ballot to legalize possession of small amounts of marijuana by adults. The drug would be sold at government regulated stores. Marijuana would be subject to a $45 per ounce excise tax, with some of the proceeds to be used for alcohol, tobacco and substance abuse programs. The proposal would also increase penalties for sales of the drug to minors and for driving under the influence of it. Supportive clergy argued that the proposal would reduce minors' access to marijuana, reduce gang-related violence and generate funds for drug treatment programs.

New Debate Over Same-Sex Marriage In Canada

In Canada, reports surfaced yesterday that the country's Conservative government was considering a new Defense of Religions Act that would protect public officials, such as Justices of the Peace, who refuse to perform same-sex marriages, and would protect the rights of religious leaders and others to criticize homosexual behavior or refuse to do business with gay-rights organizations. (Globe and Mail). The legislation is seen as an alternative if the government loses its bid to try to repeal the same-sex marriage law passed by Parliament last year. Prime Minister Stephen Harper denied reports that new legislation was being drafted, but speculation continues. (Halifax Chronicle Herald). Today, legal and provincial authorities said that any such legislation would be struck down as a violation of the Charter of Rights and as an improper intrusion into provincial affairs. (Globe and Mail).

Parent Attacks Harry Potter Books In Georgia Schools

In a suburban Atlanta school district, a mother of four on Tuesday argued to a hearing examiner that the Gwinnett County schools should ban Harry Potter books. The Associated Press reports that parent Victoria Sweeny argued that the Harry Potter series is an "evil" attempt to indoctrinate children in the Wicca religion. She says that they are particularly harmful to children who cannot distinguish fantasy from reality.

Justice Department Investigating School's Holiday Excusal Policy

The Bakersfield Californian today reports that the U.S. Justice Department's Civil Rights Division is questioning the religious holiday excusal policy of the Bakersfield (CA) City School District. To avoid an unexcused absence, a parent or guardian must provide advance written notice to the principal, and the child must complete the minimum school day, which is almost as long as the regular school day. Students with three unexcused absences are considered truant. The investigation began at the request of the Becket Fund after the school district refused to excuse two children to go to noon Ash Wednesday services last March. In its release on the case, the Becket Fund points out that absences for many secular reasons are excused. The Becket fund is also representing a Jewish family who has a similar complaint about refusal to excuse children for religious observances against the Buttonwillow (CA) Union School District.

En Banc Review Sought In California Library Use Case

Yesterday, attorneys with the Alliance Defense Fund filed a Petition for Rehearing En Banc seeking review by the full U.S. 9th Circuit Court of Appeals' of the recent 3-judge decision in Faith Center Church Evangelistic Ministries v. Glover. (ADF Release.) The decision of the 3-judge panel permitted a California public library to make its meeting rooms available for "meetings, programs, or activities of educational, cultural or community interest", while excluding their use for "religious services". (See prior posting.)

Kentucky Prohibition On Funeral Protests Struck Down

The Associated Press last week reported that a Kentucky federal district court has temporarily enjoined the enforcement of Kentucky's law barring protests within 300 feet of military funerals and memorial services. The law was aimed at members of the Westboro Baptist Church in Topeka, Kansas who go around the country carrying signs at military funerals claiming that soldiers' deaths are punishment from God for the U.S. tolerating homosexuality. The court in McQueary v. Stumbo (ED KY, Sept. 26, 2006) found Kentucky's law too broad, saying:

The provisions at issue in this case burden substantially more speech than is necessary to prevent interferences with a funeral or to protect funeral attendees from unwanted, obtrusive communications that are otherwise impractical to avoid. Section 5(1)(b) prohibits all congregating, picketing, patrolling, demonstrating or entering on property within 300 feet of a funeral whether such activities interfere with the funeral or not and whether such activities are authorized by funeral attendees or not. It prohibits such activity whether the persons involved in the activities are visible to funeral participants or not and whether they are making any sound that funeral participants can hear or not. Thus, in addition to prohibiting intrusive activities, Section 5(1)(b), prohibits activity that would not interfere with a funeral and prohibits communications that are neither necessarily unwanted nor so obtrusive that they cannot be avoided by the funeral attendees....

The 300-foot zone would encompass public sidewalks and streets and would restrict private property owners' speech on their own property. The zone is large enough that it would restrict communications intended for the general public on a matter completely unrelated to the funeral as well as messages targeted at funeral participants.

EEOC Sues Dentist Charging He Imposed Scientology On Employee

The U.S. Equal Employment Opportunity Commission has filed suit against a dentist in Plano, Texas, according to a report in today's Dallas Morning News. The suit claims that Jessica Uretsky, a receptionist who worked for Dr. K. Mike Dossett, was fired when she refused to adopt business practices based on Scientology. The EEOC alleges that Dossett blamed business slowdowns on a lack of "positive energy" among employees. Dossett denies the charges, says that Uretsky, who had worked for him for just over one month, was fired for poor job performance. Apparently Dossett, who was once a member of the Church of Scientology, is no longer a member, but does use Ron Hubbard's system of business management and organizational techniques.

Court Says St. Louis U. Can Get Urban Renewal Funds Despite Its Religious Origins

Yesterday in a 2-1 decision in St. Louis University v. Masonic Temple Association of St. Louis, (MO Ct. App., Oct. 3, 2006), a Missouri appellate court majority said that the city of St. Louis and the state of Missouri could finance development of a 13,000 seat sports arena by St. Louis University using urban renewal funds. The court rejected claims that the financing violates the Establishment Clause of the U.S. constitution and provisions in Missouri's constitution, Art. IX, Sec. 8, that prohibit the use of public funds to aid a university controlled by a religious creed. The majority opinion interpreted the Missouri constitutional provisions "to prohibit State aid only when an institution is controlled in such a way that religious authorities propagate and advance their religion through school operation." It held that while St. Louis University has a Jesuit tradition, it is controlled and operated by an independent, lay board of trustees. However, instead of affirming the trial court's summary judgment decision in favor of the University, the court transferred the case to the Missouri Supreme Court because of the general interest and importance of the issues involved.

Judge Mooney, concurring in the transfer of the case to the state's Supreme Court, wrote that he would not affirm the trial court's summary judgment. He believed that a trial was necessary to determine whether St. Louis University, despite its governing documents, is no longer in fact controlled by the Catholic creed.

Denver Pre-School Tuition Plan Opposed On Church-State Grounds

A proposal will appear on the ballot in Denver, Colorado this November to increase the city's sales tax in order to fund tuition credits for families to enroll their 4-year-olds in private pre-school programs. The Rocky Mountain News reported yesterday that the Mountain States Regional Office of the Anti-Defamation League has announced its opposition to the ballot measure, saying it violates principles of separation of church and state. ADL Regional Director Bruce DeBoskey said,"Although the goals of the Denver preschool plan are laudable, the proposed tax increase would raise serious church/state separation issues because it permits government funds to go to religious institutions to teach religion, without any restrictions or guidelines whatsoever on the use of those funds."