Recent Articles Of Interest

From SSRN:
Johnny Rex Buckles, The Constitutionality of the Monkey Wrench: Exploring the Case for Intelligent Design, forthcoming in Oklahoma Law Review, Vol. 59, 2006.

From SmartCILP:
Richard W. Garnett, Religion, Division, and the First Amendment, 94 Georgetown Law Journal 1667-1724 (2006).

Marianna Moss, How Are Reasonable Children Coerced? The Difficulty of Applying the Establishment Clause to Minors, 10 UC Davis Journal of Juvenile Law & Policy 379-428 (2006).

Interesting Employment Discrimination Cases From Britain

A number of interesting cases involving religious discrimination in employment have arisen recently in Great Britain. British Airways has generated controversy by demanding that a Christian check-in worker remove, or conceal under her clothing, a cross that she was wearing around her neck. Saturday's Examiner says that the airline does not have a similar policy regarding turbans, hijabs and bangles since it is not practical to conceal these under airline uniforms.

Meanwhile, in London, a Catholic chef who was fired for refusing to work on Sunday won his claim for employment discrimination before an employment tribunal, according to a report today in This Is Local London.

But a Muslim teaching assistant at Headfield Church of England Junior School in West Yorkshire was removed by the Kirklees local educational council after she refused to remove her veil during lessons aimed at helping bilingual students improve their communication skills. Pupils-- many from families of Pakistani or Indian origin who are still learning to speak English--were finding it difficult to understand the teacher when she was wearing her veil. A report from the Times, carried today by The Peninsula, says that leading Muslims have backed the council's removal of Aishah Azmi, the bilingual support teacher. The teacher has taken the case to an employment tribunal.

Battles Over Christmas Displays Beginning

Christian groups opposed to limitations on public religious displays during the upcoming holiday season are already beginning to organize. Liberty Counsel has launched its "Fourth Annual Friend or Foe Christmas Campaign". It pledges to be the "Friend" of those who do not censor Christmas, and a "Foe" to those that do. It offers a "Help Save Christmas" package that includes legal memoranda, bumper stickers, buttons and sample ads.

Meanwhile in Berkley, Michigan, a group of residents, hearing that the city was considering possibly ending its 65 year tradition of displaying a nativity scene on city property, have formed a new group called "Stop the ACLU Tyranny". Michigan’s Hometown Life reporting last Friday on the developments quoted one member of the new group who describes the ACLU's position against the religious displays as "religious bigotry". (See prior posting.)

"Untouchables" Convert To Protest Anti-Conversion Laws

In the city of Nagpur, India this week end, 9000 Dalits (low-caste Hindus) converted to Buddhism and 500 converted to Christianity-- to protest anti-conversion laws that have been enacted by a number of Indian states. Catholic News reports that the ceremony marked the 50th anniversary of the conversion to Buddhism of Bhimrao Ramji Ambedkar, a Dalit who drafted India's current constitution.

Egypt Censors Book Discussing Controversial Muslim Changes

The Egyptian Organization for Human Rights (EOHR) last week protested action by the Egyptian Censorship Office in raiding a bookstore and seizing 280 copies of the book "Modern Sheikhs and the Making of Religious Extremism". All Africa.com on Friday reported that the seizure was based on the failure of the book’s publisher to obtain a license from Al Azhar. The book criticizes Egyptian censorship, and discusses separation of church and state, as well as the right of women to lead Muslim prayer. EOHR says that the seizure violates protections for freedom of opinion and expression found in Egypt’s constitution.

Hawaii Court Rejects Student's Religious Objections To TB Test

In Hilo, Hawaii, a state judge has refused to extend a restraining order she previously issued ordering the Department of Education to admit 14-year old Alena Horowitz to high school. Saturday’s Honolulu Star Bulletin reports the student objects on religious grounds to taking a required tuberculosis test, saying that she has religious objections to permitting foreign substances to enter her blood. The court ruled that the claim had already been rejected in a prior federal court suit and that there would be no irreparable harm in denying an extension of the order since Alena could be home-schooled, as she had been previously. According to Saturday’s Honolulu Advertiser, Hawaii law allows religious exceptions from required immunizations, but state officials say the law does not cover TB testing.

Former White House Aide Charges Hypocritical Attitude Toward Evangelicals

MSNBC on Friday reported on a controversial new book by David Kuo, who was second in command at the White House Office of Faith Based Initiatives from 2001 to 2004. The book, titled Tempting Faith, is scheduled for release on Oct. 16. MSNBC reports:

[Kuo] says some of the nation’s most prominent evangelical leaders were known in the office of presidential political strategist Karl Rove as "the nuts."

"National Christian leaders received hugs and smiles in person and then were dismissed behind their backs and described as 'ridiculous,' 'out of control,' and just plain 'goofy,'" Kuo writes.

More seriously, Kuo alleges that then-White House political affairs director Ken Mehlman knowingly participated in a scheme to use the office, and taxpayer funds, to mount ostensibly "nonpartisan" events that were, in reality, designed with the intent of mobilizing religious voters in 20 targeted races.

Conservative Christian leaders questioned the timing of the book’s publication. (Washington Post). At his press briefing on Friday, White House Press Secretary Tony Snow emphasized that the White House has not seen the book, so it cannot respond to it. However, he said so far as there is an insinuation that the administration takes faith-based groups lightly, that is false. And he said that Carl Rove has denied the book’s report that he referred to evangelical leaders as "nuts".

Today Was "Liberty Sunday"

Today was Liberty Sunday, a nationwide simulcast sponsored by Tony Perkins' Family Research Council. The theme of the program was the idea that the expansion of non-discrimination laws to include sexual orientation constricts the rights of Christians to express their religious beliefs, and that there have been increasing incidents of "government intolerance against those who live out their faith in the public square." Speakers were to include Ann Romney, wife of Massachusetts Governor Mitt Romney. The governor himself, and a number of other politicians, were to be featured in video presentations. (Christian Post.) People for the American Way issued a release on Friday criticizing Liberty Sunday as being based on a warped premise, and saying that the charge that there is a "War on Christians" is "bogus".

Church Sues City Over Ban On Food Aid In Downtown Areas

In July, the city of Orlando, Florida enacted an ordinance banning religious and charitable groups from serving meals to the hungry at the city’s Lake Eola Park and other areas downtown without first obtaining a special permit. A permit is available to any particular organization only for serving two times each year; however the city has created an alternative sitre that can be used without a permit. (See prior posting.) On Thursday, the ACLU of Central Florida brought suit against the city on behalf a church, the homeless man that serves as its pastor, and on behalf of a charity that serves vegan meals, alleging that the new ordinance is an unconstitutional infringement of free expression rights. The South Florida Sun Sentinel reported on the lawsuit. Both sides express hope that the suit will encourage negotiations between the parties.

Texas Fair Held Public For Protection Of Religious Messages

Yesterday a federal district court in Texas held that the Texas State Fair is a public, not a private event, so that the First Amendment protects the rights of Christian proselytizer Darrel Rundus. A release by the AFA Center for Law and Policy reports on the case. The city had taken the position that only the sidewalks outside the fairgrounds are public. While Rundus won the right to orally present his message on the fairgrounds, the court upheld the State Fair's rule that required anyone wishing to hand out leaflets on the fairgrounds to pay a fee.

Senate Committee Report Says Religious Group Was One That Aided Abramoff

The Senate Finance Committee yesterday released a 600-page report charging that five non-profit groups may have jeopardized their tax-exempt status by taking money from clients of convicted lobbyist Jack Abramoff in exchange for assisting Abramoff's lobbying efforts. (Washington Post). Today's Seattle Post Intelligencer reports that one of the groups implicated is Toward Tradition, a group based in Washington state that was once chaired by Abramoff. Toward Tradition describes itself as "a national coalition of Jews and Christians devoted to fighting the secular institutions that foster anti-religious bigotry, harm families, and jeopardize the future of America." The Senate committee report, written by the Democratic staff of the Finance Committee, says that Toward Tradition took money in exchange for help in generating news articles for Abramoff and his clients. Republicans on the committee agreed to release of the report. (See prior related posting.)

Quebec Schools Seek More Accommodation of Religious Diversity

Canada's province of Quebec is examining ways to more effectively deal with religious differences in the schools. Education Minister Jean-Marc Fournier has announced creation of a committee to make recommendations on "reasonable accommodation" of religious, cultural and linguistic diversity. Yesterday's Montreal Gazette reported that the move comes after discovery of a network of underground schools run by parents who are unhappy with the public school system.

India's Supreme Court Says It Can Review Clemency Decision Based On Religion

India's Supreme Court on Wednesday held that the courts can review the exercise of clemency by the president or governor. In Epuru Sudhakar & Anr. v. Government of Andhra Pradesh & Ors., the court said that it should overturn a clemency decision where religion, sex, race, political loyalty or caste was the basis for the decision. PTI reported on the decision.

Canada's Moderate Muslims Want Government Protection From Fundamentalist Threats

Farzana Hassan, president of the Muslim Canadian Congress, has written Ontario's Attorney General asking him to investigate "thinly veiled death threats" made by fundamentalist Muslims against moderate Muslims. The report yesterday by CanWest News Service explains that statements charging moderates are anti-Islam are understood within the Muslim community to be charges of apostasy that are punishable by death. The Muslim Canadian Congress says that labeling a Muslim as anti-Islam or an apostate should be considered a hate crime.

3rd Circuit Denies En Banc Review In Title VII Case

The Wilkes Barre (PA) Times Leader reported yesterday that the U.S. 3rd Circuit Court of Appeals has denied en banc review in Petruska v. Gannon University. A 3-judge panel in September held in the case that the "ministerial exception" to Title VII of the 1964 Civil Rights Act precluded recovery by a female chaplain who claimed that she was demoted at Gannon University because she was a woman.

Swiss City Debates Permitting Religious Cemeteries

Currently, cemeteries in Geneva, Switzerland must be public and non-denominational. However, Jews and Muslims both would like to create private cemeteries in which they can bury their dead according to their religions' rules-- something they can now do in only limited space that is running out. The Associated Press reports that a bill to permit private cemeteries is to be voted on this week by the cantonal parliament. However, Social Democrats are opposed to the proposal. Christian Brunier, Social Democrat deputy, said: "This would open the door to community divisions".

Delaware AG Says Loans and Grant To Churches Were Unconstitutional

The Wilmington, Delaware News Journal reported that a Delaware Attorney General's Opinion released on Wednesday said that three loans and one grant to churches by the town of Middletown, Delaware were probably unconstitutional. Deputy Attorney General Frank N. Broujos said that most of the town's loans to non-profit organizations were probably permissible because they advanced a public purpose. However the grant and loans to churches impermissibly advance religion and religious activities.

Times' Series On Religious Exemptions Criticized

An article Wednesday by the Business & Media Institute strongly criticized the New York Times' recent series on benefits and exemptions granted by government to religious organizations. The Institute said that the series was a "pro-government, pro-regulation treatise". It argues that Diana B. Henriques, reporter on the Times series, failed to point out "the radical nature of several anti-religious sources mentioned in her series".

Tennessee City Commissioner Supports Religion In Schools

In Mt. Juliet, Tennessee, city commission member Glen Linthicum is leading a campaign against the recent lawsuit filed by the ACLU that challenges religious practices in the Wilson County (TN) school district's Lakeview Elementary School. Linthicum co-sponsored a resolution passed unanimously by the city commission urging the schools to fight for their rights to religious expression. He is also organizing a prayer rally for later this month to support the schools. The Tennesssean quotes Linthicum, who said:: "What I hope to accomplish is to send a clear message to ACLU and the rest of Tennessee that Mt. Juliet stands for traditional values in America and that ACLU needs to ply their trade elsewhere."

Somalia Proposes Islamic Restrictions On Media

In Somalia, Islamists who have taken over control of Mogadishu and most of central and southern Somalia have proposed a new set of restrictions that would be imposed on the media. They are designed to prohibit "un-Islamic" reporting, according to a report today from South Africa's IOL. Thirteen proposed rules would ban reporting of information seen as contrary to Islam. The rules would also require registration for media. Reporters Without Borders called the proposals "completely unacceptable".