India Court To Hear Challenge To Statue of Anti-Hindu Reformer

Today India's Supreme Court will hear arguments in a controversy over a statue of E.V. Ramasami Naicker, known as Periyar, that was put up in front of Sri Ranganathaswamy Hindu Temple in Srirangam, a small town in southern India. (Background from News Today.) A number of court cases have been filed to prevent the statue from being dedicated, and the statue was vandalized in early December. (India eNews.) Periyar, who died in 1973, was an atheist, anti-Hindu social reformer who founded the Dravidar Kazhagam, a radical party that, among other things, wanted to eliminate "untouchability".

A report yesterday from News Today says that the Supreme court arguments today focus on a request to have the statue covered pending a hearing on the underlying dispute scheduled in the Madras High Court. The controversial statue carries an inscription (quoting Periyar) that reads: "One who worships god is a barbarian. One who preaches about god is an idiot and one who professes any religion is a fraud." The suit alleges that allowing the statue to remain near the temple would infringe Constitutionally protected freedom of religion. The suit argues that it is the duty of the State to protect residents from injury or insult to their religious sentiments.

Ellison Will Use Thomas Jefferson's Quran For Swearing-In

Keith Ellison, the first Muslim elected to Congress, has demonstrated his political skill in dealing with his controversial plan to have his ceremonial swearing-in take place on the Quran. (See prior posting.) Yesterday's Washington Post reports that Ellison will use an English version of the Quran that once belonged to Thomas Jefferson. It is now held by the Library of Congress which acquired it in 1815 as part of a collection Jefferson sold for $24,000 to replace the congressional library that had been burned by British in the War of 1812. Rick Jauert, a spokesman for Ellison, said: "Jefferson's Quran dates religious tolerance to the founders of our country."

Minneapolis Airport Proposes To Suspend Muslim Cabbies Who Refuse Passengers

Last fall, the media reported widely on a proposal by the Minneapolis-St. Paul (MN) Metropolitan Airports Commission (MAC) to accommodate the religious concerns of some Muslim taxi drivers who objected to transporting passengers carrying openly displayed alcohol. (See prior postings 1, 2 .) It was less widely reported that the proposals were never adopted. Instead, according to yesterday's Minneapolis Star Tribune, the MAC staff is now proposing to suspend the license of any driver who refuses to transport a passenger for reasons other than safety concerns. The full commission is expected to vote to hold public hearings on the proposal that would suspend drivers who refuse on religious grounds to accept passengers transporting alcohol or service dogs (Islam considers the saliva of dogs unclean). The cabbie's airport license would be suspended for 30 days for a first offense and two years for a second offense.

Refusals of service on religious grounds has become a significant problem as a large percentage of airport cab drivers are Somali Muslims. However the Somali Justice Advocacy Center supports the proposed new penalties.

Muslims also have another disagreement with the Airports Commission. They want a separate prayer room at the airport. However MAC spokesman Patrick Hogan says that there is a quiet area currently open to everyone for contemplation and prayer, and separate space for a particular religion will not be provided.

Military Times Poll On Religion In Military Released

Blog from the Capital on Tuesday called attention to a poll published last week by the Military Times, asking questions about race and religion in the military. 55% of respondents said that religion does not play a more important part in military life today than when they first joined the service. 80% said they feel free to practice and express their religion in the military. Asked how often military events they attended other than meals and chapel services began with a prayer, 36% said once per month while 25% said never.

The methodology used for the poll makes it unclear how accurate it is in reflecting the opinions of the entire military. Military Times mailed questionnaires to 6,000 people drawn at random from its list of active-duty subscribers-- those who pay the annul $55 subscription fee. It is unclear whether the subscriber base is representative of the entire military. The Military Times did not specifically indicate how many of the 6,000 questionnaires were returned; however an examination of the raw data available online suggests that 955 readers responded. The Military Times did report that 35% of respondents said they were Protestant, 29% were Catholic, 7% were Evangelical Christian, 2% were Mormon, 1% were Jewish, 0% were Muslim, 13% were Other, and 12% had No Preference.

Arrest Warrant Need Not Reflect Current Religious Name

In Raahkim El Bey v. Roop, 2006 U.S. Dist. LEXIS 93995 (SD OH, Dec. 29, 2006), an Ohio federal Magistrate Judge held that while some state action that interferes with a person's use of his religious name would violate the Free Exercise clause, no violation occurs when a person is arrested under a warrant charging him with a crime under a different name. It was sufficient that police and federal marshals had a well-founded belief that Raahkim El Bey was the same person wanted on the arrest warrant issued for Billie Greene. The court held that a person may not "avoid criminal liability incurred under one name merely by changing that name, regardless of the religious or cultural motivation."

Discrimination Against Christians In Syria

Agape Press yesterday reported that even though many Iraqi Christians are fleeing to Syria, they will not receive a warm welcome there. Keith Roderick, an official with Christian Solidarity International, says that Christians in Syria suffer oppression and discrimination, particularly in employment. Even principals in Christian schools are required to be Muslims.

Michigan Church Wins RLUIPA Challenge; Law's Constitutionality Upheld

In Lighthouse Community Church of God v. City of Southfield, Civil Case No. 05-40220 (ED MI, Jan. 3, 2007) [available on PACER], a Michigan federal district court held that Southfield, Michigan's denial of an occupancy certificate to Lighthouse Community Church violated RLUIPA. Southfield denied Lighthouse the right to operate a church in a building it owned because the building had too few parking spaces. An ordinance required a certain number of parking places, and Southfield refused to grant the church a variance. In its decision, the court upheld the constitutionality of the land use provisions of RLUIPA, finding them to be a valid exercise of Congress' powers under Sec. 5 of the 14th Amendment. The court rejected claims that RLUIPA violates the Establishment Clause and the 10th Amendment. Yesterday's Detroit Free Press reported on the decision. (See prior postings 1, 2.)

UPDATE: The decision is now available on LEXIS at 2007 U.S. Dist. LEXIS 28.

Romania's President Signs Controversial Religion Law

Despite appeals from human rights groups (see prior posting), on December 27 Romania's President Traian Basescu approved a Religion Law that was passed hurriedly by Parliament. Forum18 yesterday reported that challenges to the law are planned in the Constitutional Court and possibly in the European Court of Human Rights. The new law bans "religious defamation" and "public offence to religious symbols," provisions that might be used to silence minority religions. Activists are also concerned about provisions in the law that impose long waiting periods for recognition and give different levels of legal recognition for religious communities depending in part on the number of members in the community.

UPDATE: The Romanian civil rights group, Solidarity for Freedom of Conscience, plans to go to the European Court of Human Rights to challenge Romania’s new Religion Law. On Friday Playfuls.com reported that critics claim this provision is broad enough to cover rock songs or works of Western literature and philosophy such as Nietzsche’s, The Antichrist. Meanwhile the Catholic Church in Romania says that the new law “is still perfectable”. (Mediafax).

No Plaintiffs Volunteer To Challenge Florida County's Ten Commandments

Today's St. Petersburg, Florida Times reports that the Freedom From Religion Foundation has been unable to find a resident of Dixie County Florida to act as plaintiff in a suit to challenge a Ten Commandments monument that the county has placed on its courthouse steps. (See prior posting.) The county's population is only 14,000. The Thomas More law Center has offered to represent the county without charge if suit is filed against it.

Iraqi Christians Formally Petition For Separate Province

ANS reports today that the Assyrian Christian Community in Iraq has presented the government of Iraq with its Formal Request for an Assyrian Province. Reacting to a "brain drain" of almost half of the Christian community, Iraq's foreign minister encouraged the Assyrian community to take this step. He said: "According to the Constitution the Assyrian Christians as the original people of Iraq are entitled under the constitution to a Province of their own." (See prior related posting.)

Malaysia's High Court Permits Challenge To Selangor Sharia Enforcement

Malaysia's Federal Court today gave permission for a lawsuit to be filed by a Muslim who has been charged by Selangor state authorities with illegally claiming to be God's prophet. Both the International Herald Tribune and Sun2Surf report on the case. Abdul Kahar Ahmad received permission from Malaysia's highest court to bring a challenge to the power of Islamic authorities in Selangor state after authorities issued a fatwah declaring his teachings as deviationist beliefs and then filed charges against him. Ahmad's lawsuit claims that various provisions in the Selangor Syariah Criminal Enactment 1995 and the Islamic Religious Administration (Selangor) Enactment 2003 violate his constitutionally protected freedom of religion. It also claims that under the Malaysian Constitution, only Parliament, and not state assemblies, have the right to make criminal laws. Finally Ahmad claims that some of the offences with which he is charged are not violations of Islamic law. Ahmad's lawyer Malik Imtiaz Sarwar said the suit is in part intended to challenge the narrow interpretation of Islam by Malaysian religious authorities.

North Carolina County Council Debates Sectarian Invocations

Oconee County, North Carolina Council is debating how far to go in keeping sectarian prayers as part of the County Council proceedings. Today's Wilmington (NC) Star News reports that for two years the ACLU has been complaining about Council's practices. Previously, a councilman who was also a minister would pray before meetings in the name of Jesus. Now Rev. Bill Rinehart-- who was also Council's official chaplain-- is no longer on Council. Instead of replacing him, Council has now asked the Oconee County Ministerial Association to provide a list of people to offer prayers. Yesterday, Rev. Mike Babb led two prayers-- one 30 minutes before the Council meeting at a flag pole outside the county building, and the other in council chambers, praying in Jesus' name 8 minutes before the meeting began. The ACLU has a problem only with the second of these. County Attorney Brad Norton said:"What we can do legally is very clear. We can very easily follow the law, but if we decide to gamble and stretch how far the law will go and the court says we're wrong, it will cost us in the neighborhood of $150,000 (to) $250,000 in attorneys' fees" Council will hold a public meeting to discuss its prayer policy next week.

French Tribunal Says Pig Soup Is Not Discriminatory

In France, an administrative tribunal has overturned a decision by Paris police who said that a soup kitchen for the poor discriminates against Muslims and Jews because it serves pork soup as its main fare. The soup kitchen, and others like it across France associated with the right-wing Bloc Identitaire, have operated since 2004. Last winter Fabienne Keller, the mayor of Strasbourg, said the soup kitchens (known as Solidarite des Francais (SDF)) should be banned as racist. SDF's website invited that charge, saying: "Attention, cheese, dessert, coffee, clothes, snacks go with the pig soup: no pig soup, no dessert - the only rule of our action: our own before the others." Pork soup is a traditional dish of rural France. Guardian Unlimited yesterday, however, reported that the administrative judge found the Paris soup kitchen had not actually refuse to serve Jews and Muslims, and so could not be found to have discriminated. The tribunal ordered the Paris police prefecture to pay 1000 Euros in costs to SDF. [Corrected]

Religious Objections Raised To FDA's Green Light On Cloned Animal Products

Agape Press yesterday reported that the America First Party has raised what amount to religious objections to the recent Draft Risk Assessment issued by the U.S. Food and Drug Administration (news release). The FDA concluded that meat and milk from cloned cattle, pigs, and goats "are as safe to eat as food from conventionally bred animals". AFP's press release quotes party chairman Jon Hill who said: "It is our duty to respect the image of creation that the Creator has given to nature, and to not unnecessarily deform this image in order to merely provide economic opportunities to people involved in the field of genetics. "

Israeli Court Upholds Deceased's Right To Cremation

In Israel, a Jerusalem District Court last week upheld the right of Shmuel Rosen's wife and two sons to carry out the recently-deceased Rosen's wishes to have his body cremated. Today's Jerusalem Post reports on the legal controversy surrounding the request. Rosen, an 80-year old Holocaust survivor, lived as an atheist. However cremation is inconsistent with Jewish religious law, and on that basis, a distant relative of Rosen's went to court to oppose the cremation. Since World War II, cremation has also been identified by some with Hitler's crematoria. However, Israel's attorney general's office advised the Jerusalem court that there was apparently no legal prohibition in Israeli law on cremation -- which is offered only by one funeral home in the country. The court's honoring of Rosen's wishes may give impetus to a proposal that was introduced in the Knesset in 2005 to ban cremation, or any other alternative to burial of Jews that damages the body.

UPDATE: On Monday, Knesset member Ya'acov Cohen (United Torah Judaism) introduced an amendment to the burial law to effectively ban cremation. (Jerusalem Post, Jan. 8).

Was Saddam's Execution On Sunni Eid Illegal?

The Associated Press yesterday reported that many Sunnis in Iraq are outraged over the execution of Saddam Hussein. Part of the anger stems from the claim that the timing of the execution violates Section 290 of Iraq's Law on Criminal Proceedings (1971). The section provides:

The death penalty cannot be carried out on official holidays and special festivals connected with the religion of the condemned person.

Sunnis and Shiites disagree on the date for the celebration of Eid al-Adha. Saddam's execution-- at dawn on Saturday-- was hurried to avoid the Shiite celebration of Eid al-Adha that began Saturday evening (see prior posting). However the Sunni celebration had already begun on Friday at sundown. Saddam was Sunni, so it would appear that Section 290 would preclude his execution on the Sunni dates of the Eid. That is what Rizgar Mohammed Amin, the Kurdish judge who originally presided over Saddam's trial thinks. (International Herald Tribune, Jan. 1).He was removed during the trial when Shiites claimed he was too lenient.

All of this makes very important the remark of Munir Haddad, a judge on the Iraqi High Tribunal who represented the Tribunal at the execution. He was quoted by the International Herald Tribune on Friday as saying: "The official Id in Iraq is Sunday... Saddam is not Sunni. And he is not Shiite. He is not Muslim." It is not clear whether Haddad claims to have any legal basis for this assertion, though during Saddam's rule Shiites objected strongly to the secular policies of Saddam's Sunni-backed Ba'athist government.

At any rate, the timing of Saddam's execution, coupled with executioners' remarks as Saddam was being hanged, reinforces the image of Saddam's execution as revenge by Shiites on Sunnis. (Baltimore Sun; Los Angeles Times).

Christian Lawyers Petition Queen To Protest Rules On Equal Rights For Gays

In Britain, a group of lawyers known as Christian Concern for Our Nation has petitioned Queen Elizabeth, asking her to pressure the government to withdraw the new Sexual Orientation Regulations that have been proposed under the Equality Act 2006. Today's Pink News reports that the petition calls the Queen's attention to her Coronation Oath in which she pledged to use her power to "maintain the Laws of God and the true profession of the Gospel". The petition goes on to say that the proposed Regulations "purport to eliminate discrimination on the grounds of sexual orientation, but have the consequence of discriminating heavily against Christians.... The Regulations will make it unlawful for a Christian to refuse to promote homosexual practice and will make it unlawful for our children to be taught the importance of marriage in any schools above the importance of practising homosexual relationships." (See prior related posting.) Northern Ireland has already implemented the Act, with new rules that came into effect on January 1. The proposed rules are scheduled to take effect in England and Wales in April. (Pink News.)

Injuries In Turkey From Animal Sacrifices Outside Municipal Facilities

It is traditional for Muslims during the feast of Eid al-Adha to sacrifice cows, sheep, goats and bulls to commemorate God's providing a ram for Abraham to sacrifice in place of his son. (Muslims believe that it was Ishmael who Abraham took to sacrifice, while Jewish and Christian sources say it was Isaac.) Muslims then share the meat they have butchered with friends and family and give part of it to the poor. The Associated Press yesterday reported that in Turkey, many Muslims have ignored government rules that require animal slaughtering to take place in special municipal facilities. Over 1,400 people were treated at hospitals around the country after suffering injuries from attempting to slaughter animals in their back yards or on roadsides. Many stabbed themselves, or were injured by startled animals. Three suffered heart attacks while trying to restrain animals, and three others were crushed by animals falling on top of them.

Happy New Year and Thanks To Religion Clause Readers

Dear Religion Clause Readers,

Happy New Year! As 2007 begins, let me thank all of you for your readership, your comments, the material you send to me, and the links to Religion Clause that you place on your own websites and blogs. Thanks in particular to my regular readers, some of whom tell me that they check the blog every day. Please continue to keep in touch. The e-mail address for communicating with me about Religion Clause has recently changed. You should now send your e-mails to this NEW address: religionclause@bex.net

Readership of Religion Clause during 2006 has grown steadily. Shortly after midnight ushered in 2007, the Religion Clause site meter (measuring readers since the blog began) turned to 104,271. In 2006, Religion Clause attracted over 82,000 readers. I hope this means that there continues to be a need for serious, non-ideological, coverage of legal and political developments relating to religious liberty and to church-state relationships.

Over the last year, international developments have become a more significant portion of my coverage. Increasingly nations around the world-- even though they may have different legal systems-- are facing issues similar to those that regularly arise in the United States, as well as fascinating issues that are unique to their legal systems and traditions. I hope that you find these as fascinating as I do.

Best wishes for 2007,

Howard M. Friedman

Recent Prisoner Free Exercise Cases

In Keith v. Estelle Unit High Security Administration, 2006 U.S. Dist. LEXIS 93014 (SD TX, Dec. 22, 2006), a Texas federal district court rejected a free exercise claim by an Texas inmate who complained that he was not permitted to purchase candles and matches needed to practice Satanic rituals, and was refused assistance in locating nearby churches or groups associated with Satanic worship.

In Nellis v. Jahnke, 2006 U.S. Dist. LEXIS 92965 (ED WI, Dec. 21, 2006), a Wisconsin federal district court permitted a Native American prisoner to move ahead with his free exercise claim against prison officials. The inmate's complaint alleged that he had been denied "chapel studies", the only means of practicing his religion, after he quit his voluntary employment with the prison's food service department out of fear that co-workers would harm him.