Prisoners Have Little Success In Recent Free Exercise Cases

In Salahuddin v. Perez, (2d Cir., Feb. 2, 2007), the U.S. 2nd Circuit Court of Appeals upheld a New York federal district court's dismissal of a prisoner's claim that his transfer to a different prison facility violated his religious exercise rights.

In High v. Baca, 2007 U.S. Dist. LEXIS 9181 (D NV, Feb. 6, 2007), a Nevada federal district court denied a temporary restraining order and a preliminary injunction to a Muslim prisoner who claimed that he had been denied proper meal accommodations during Ramadan and that his access to chapel and religious oils had been reduced. The court found that the penological justifications suggested little likelihood of success on the merits.

In Burnett v. Wilson, 2007 U.S. Dist. LEXIS 9193 (ND OH, Feb. 7, 2007), an Ohio federal district court rejected a claim by a blind prisoner that the failure to provide him with a braille Bible and training to read braille infringed his right to free exercise of religion.

In Maddox v. Berge, 2007 U.S. Dist. LEXIS 9304 (WD WI, Feb. 8, 2007), a Wisconsin federal district court gave a prisoner an opportunity to amend his complaint to allege additional facts that would support his claim that his inability to attend congregate religious services violated his rights under RLUIPA and the First Amendment.

Utah Legislature Enacts Broad School Voucher Bill

Following the lead of the state House of Representatives, the Utah state Senate on Friday passed HB 148, the Parent Choice In Education Act. The broad school voucher program will appropriate $9.3 million in 2008 and $12.4 million in 2009 from the state's General Fund for tuition scholarships based on parents' income level. The vouchers may be used in either secular or religious private schools. Central Utah's Daily Herald on Saturday reported that the governor has indicated that he will sign the bill into law. It is expected that the law will be challenged as being in violation of the Utah Constitution, Art. X, Sec. 9 that prohibits public aid to church schools and Art. I, Sec. 4 that prohibits appropriations for religious instruction or support of "any ecclesiastical establishment". Legislative findings in Section 2 of the bill attempt to lay the groundwork for defending such challenges.

Israeli Court Says Jehovahs Witnesses Can Rent Haifa Auditorium

In Israel, Amutat Hamitzpeh L'Israel, an organization that represents Jehovah's Witnesses, has won a significant victory in Haifa's District Court. Following a recommendation by Israel's Attorney General's Office, the court held that a public accommodations law passed by the Knesset in 2000 requires Haifa's Convention Center to rent space to Jehovah's Witnesses for activities, which including public lectures on the New Testament that encourage people to learn more about Jehovah's Witnesses. Today's Jerusalem Post reports that Israel's former justice minister Yaakov Neeman has strongly criticized the decision, saying it has opened the door to Christian missionary groups operating in Israel. Haifa's Chief Rabbi, She'ar Yishuv Hacohen, sees Jehovah's Witnesses as more militant missionaries than other Christian groups.

The Convention Center had argued that permitting Jehovah's Witnesses to rent space would lead to boycotts and protests from Haredi (ultra-Orthodox Jewish) groups that could force the Convention Center to close entirely. The decision may lead to a call for strengthening Israel's anti-proselytization legislation that presently only prohibits proselytizing through economic or emotional coercion.

Recent Scholarly Articles Of Interest

From SSRN:
Benjamin L. Berger, Law's Religion: Rendering Culture, (Osgoode Hall Law Journal, Vol. 45, No. 2).

Haider Ala Hamoudi, You Say You Want a Revolution: Interpretive Communities and the Origins of Islamic Finance, (February 1, 2007).

Roberto L. Corrada, The Interrelationship of Discrimination and Accommodation in Title VII Religion Cases, (October 2006, University Denver Legal Studies Research Paper No. 07-12).

Lawrence B. Slolum, Pluralism and Public Legal Reason, (William & Mary Bill of Rights Journal, Vol. 15, pp. 7-23, 2006).

From SmartCILP:
Daniel Gordon, A Constitutional Res Gestae: Ending the Dueling Histories of Everson and McCollum and the Nazi State, 16 Widener Law Journal 1-42 (2006).

Diane Heckman, One Nation, Under God: Freedom of Religion In Schools and Extracurricular Athletic Events In the Opening Years of the New Millennium, (Abstract), 28 Whittier Law Review 537-624 (2006).

Elazar Nachalon, Structural Models of Religion and State in Jewish and Democratic Political Thought: Inevitable Contradiction? The Challenge for Israel, 22 Touro Law Review 613-744 (2006).
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The Autumn 2006 issue of Journal of Church and State (Vol. 48, No. 4) has recently been published.

Cert. Petition Filed In Church's Anti-Gay Billboard Case

A petition for certiorari has been filed in Okwedy v. City of New York. (365Gay.com, Feb. 9). The case involves a challenge to action taken by the president of the Borough of Staten Island who wrote a billboard company urging it to taken down an anti-gay billboard advertisement posted by Keyword Ministries church. (See prior posting.) In an August 16, 2006 summary order , the 2nd Circuit affirmed a New York district court's dismissal of plaintiff's claim that officials have construed New York City's Human Rights law in an unconstitutional manner. The Court of Appeals said that no city official was enforcing the Human Rights law when the request was made, and even if they were, the city is not bound by viewpoint neutrality in its own speech.

British Parents Protest Halal Menus In School

In Britain, a number of parents are protesting a primary school's attempt to accommodate religious needs of its growing Muslim student body. Kingsgate Primary in West Hampstead has begun serving only Halal meat in its lunch menus. The school's headmistress says that a majority of families support the move, but protesters say the school is forcing their children to to conform to "someone else's culture". Muslim parents say the protesters are guilty of racism. This Is London on Friday reported that Kingsgate is one of four schools in West Hampstead to institute halal-only menus.

Lawyer Sanctioned For Frivolous RICO Claims Against Catholic Church

AM New York yesterday reported that federal district judge Paul A. Crotty imposed an $8000 fine on attorney John A. Aretakis for bringing a series of baseless lawsuits claiming that a cover-up of priest sexual abuse by leaders of the Roman Catholic Church amounted to a violation of the Racketeer Influenced and Corrupt Organizations statute (RICO). Aretkis claims there was nothing frivolous in his allegations of "an organized, institutional, long-ranging criminal conspiracy" by church officials who were trying to protect priests accused of abusing children. The Rule 11 sanctions came as part of a ruling Friday in which the court dismissed a racketeering lawsuit in which Newark, NJ priest, Robert Hoatson, claimed he was forced out of a parochial school job for criticizing the church's handling of abuse cases. If available, a RICO claim might be brought even though state statutes of limitations had expired.

O'Connor On 8th Circuit Panel Hearing Challenge To Faith-Based Prison Program

According to the Associated Press, retired U.S. Supreme Court Justice Sandra Day O'Connor will be one of the three judges on a panel of the U.S. 8th Circuit Court of Appeals next week that will hear the appeal in Americans United for Separation of Church and State v. Prison Fellowship Ministries, a case in which an Iowa district court held that InnerChange, a state-financed faith-based prison rehabilitation program, violates the Establishment Clause. (See prior posting.) The district court opinion being appealed mentioned Justice O'Connor four times in its 140 pages as it referred to church-state decisions that she authored.

Mandaeanism Threatened As Communities Are Forced From Iraq and Iran

An Associated Press story yesterday reported that one of the lesser-known casualties of the Iraq war is the disappearance of Mandaeanism, a 2000 year old religion that looks to John the Baptist as its great teacher. Only 5000 to 7000 or the original 60,000 Mandaeans remain in Iraq-- and they are in increasing danger of being killed. Many Mandaeans have fled to various parts of the world, including Jordan, Syria and the United States. Mandaean communities have been set up around New York and Detroit. Driven from both Iraq and Iran, many Mandaeans have become successful in their diaspora. However the religion's few dozen priests that are left have failed to agree on how to bring children of mixed marriages into the faith. This creates concern that the religion may not survive

University of Georgia Will Permit Religious Membership Limits In Student Groups

Yesterday, the University of Georgia approved a policy that will permit faith-based student organizations to restrict membership to students of the same faith and still qualify for state funds and other support from the university's Campus Life office. Online Athens reports today that this is likely to lead to the dropping of a lawsuit that had been filed against the University by the student group Beta Upsilon Chi, also known as Brothers Under Christ. (See prior posting.)

Minnesota Ends Funding Of Faith-Based Pre-Release Program

The Minnesota Department of Corrections is ending its $100,000 per year subsidy to the faith-based InnerChange prisoner pre-release program. Today's St. Paul Pioneer Press reports that the policy change was motivated by budgetary, rather than church-state, concerns. Department of Corrections Commissioner Joan Fabian said that after the state had negotiated its second 2-year contract with the group, she found out that InnerChange was operating in Texas prisons without charge. Apparently one of InnerChange's board members has told Fabian that it would operate free of charge in Minnesota as well. Iowa's InnerChange program was struck down by a federal district court, and the appeal of that decision is to be argued next week in the U.S. 8th Circuit Court of Appeals. However Minnesota contends that its program is sufficiently different that it would survive constitutional challenge.

Homeless Street Preacher Charged With Trespass

Today's Palm Beach Post reports on the latest trespassing arrest of Michaelene Cooney, a homeless street preacher. Her latest of 18 trespassing arrests occurred after she insisted on preaching under the archway at the Palm Beach County, Florida, Courthouse instead of moving onto the sidewalk. Judge Barry Cohen released her on her own recognizance and set a trial date of March 12. He said, however, that even if convicted she would not go to jail. Cohen announced, "I don't want her housed in jail. She's not a criminal". He also said that eliminating the possibility of jail time means that she will not be entitled to a public defender and will not tie up resources.

Sex-Segregated Busses In Israeli Haredi Neighborhoods Challenged

In Israel last week, Naomi Ragen, an Orthodox Jew and a feminist author, filed a lawsuit against the Ministry of Transportation and the Egged Bus Cooperative that operates most public bus lines. The suit seeks an end to the 30 sex-segregated bus routes in which women are required to sit at the back of buses. The controversial bus routes were begun 10 years ago as a concession to ultra-Orthodox Jews who threatened to boycott buses otherwise. the lawsuit claims that Ragen and four other women were verbally harassed and in some cases physically beaten by Orthodox men on the buses when the women refused to comply with seating requirements. Middle East Online, reporting on this today, also says that in recent months, some Haredi (ultra-Orthodox) men in religious neighborhoods at Jerusalem's northern edge have run "modesty patrols" that splattered bleach on women they consider dressed immodestly.

California Episcopal Diocese Precluded From Raising New Claim Against Break-Away Church

In San Diego, California, a state Superior Court judge ruled last week that the Episcopal Diocese of San Diego could not amend its lawsuit to assert a new claim that it in fact owns the property on which the break-away congregation, St. John's Anglican Church, worships. The North County Times last week reported on the court's ruling that the case had ended with the court's decision last November invalidating a purported election of a new board loyal to the Diocese.

Christian Exodus Group To Focus On One South Carolina County

Christian Exodus is a group of conservative Christians that is trying to encourage like-minded people to move to South Carolina in order to attain political power and transform government to reflect Christian values. (See prior posting.) The Associated Press reported yesterday that the group has now decided to focus on Anderson County for the next few years in order to speed up a show of results. Since the group began 4 years ago, only 15 families have actually moved to South Carolina. Christian Exodus founder Cory Burnell says that with as few as 100 activists they could have an impact in one county. Rick Adkins, chairman of the Anderson County Republican Party, said he thinks the group could win a County Council seat by 2008. Among the positions advocated by Christian Exodus is that the 14th Amendment was illegally ratified.

West Virginia Considering Moment of Silence For Schools

Joe DeLong, Democratic majority leader in the West Virginia House of Representatives, has introduced legislation to provide for a "moment of silence" in public schools. The Wheeling News Register yesterday says that the language of the bill is modeled on one enacted by Virginia in 2000. DeLong says that a moment of silence would eliminate the "feeling of uncomfortability for those who would choose to pray anyway."

Pakistani Seminary Students Protest Eviction of Mosques and Seminaries

The Associated Press reported yesterday on an unusual protest in Islamabad, Pakistan by 200 female seminary students wearing burqas and carrying canes. Government authorities have begun to demolish more than 84 mosques and seminaries built without permission on state land. The protest is supported by Abdul Rashid Ghazi, a prominent critic of Pakistan's support for the war on terror led by the United States. Pakistan's President Gen. Pervez Musharraf has said that mosques or madrassas in "encroached areas" would be relocated, and that the government will "move against" extremists at mosques who promote hatred and encourage suicide bombers.

New Passport Rules Pose Problems For Amish

Yesterday's Lancaster (PA) New Era reports on problems that new passport rules pose for members of the Amish faith who object on religious grounds to being photographed. Many Amish travel to Mexico or Canada for less expensive health care. Rules implementing the Intelligence Reform and Terrorism Prevention Act of 2004 require that air travellers from Mexico and Canada carry a passport, and the requirement will apply to those who travel by land and sea beginning in 2008. U.S. Rep. Joseph Pitts, trying to help the Amish resolve their problem, says he is exploring whether a fingerprint or retinal scan could be used instead of a passport photo.

New Survey Of Physician Views On Conscientious Objection

Today's issue of the New England Journal of Medicine carries a special article titled Religion, Conscience, and Controversial Clinical Practices. It reports on a survey of 1144 practicing U.S. physicians regarding their views on situations in which patients request a legal medical procedure to which the physician objects on moral grounds. The study concluded that "most physicians believe that it is ethically permissible for doctors to explain their moral objections to patients (63%). Most also believe that physicians are obligated to present all options (86%) and to refer the patient to another clinician who does not object to the requested procedure (71%).... [However] many physicians do not consider themselves obligated to disclose information about or refer patients for legal but morally controversial medical procedures. Patients who want information about and access to such procedures may need to inquire proactively to determine whether their physicians would accommodate such requests." Today's Chicago Tribune reports on the study.

ACLU Challenges Florida County 10 Commandments

As previously reported, groups objecting to the new 10 Commandments monument placed on the Dixie County, Florida courthouse steps have had difficulty finding a plaintiff to file suit. Yesterday, however, the ACLU of Florida has announced that it has filed a federal lawsuit challenging the 6-ton granite monument (photo). The complaint (full text) alleges that the suit is brought by the ACLU and that at least one of its members has been harmed by unwelcome contact with the Display resulting from the need to use county facilities available only at the courthouse. Yesterday's St. Petersburg Times reports on the case, as does the Associated Press. Florida ACLU Executive Director Howard Simon says the lawsuit is likely to be very unpopular in Dixie County. Brian Rooney, a spokesman for the Thomas More Law Center that has offered to represent the County without charge, says that it questions the failure of the lawsuit to name an individual as plaintiff along with the ACLU. There may not be a true case or controversy present.