Settlement Reached In Religious Expression Suit Against NC High School

Alliance Defense Fund announced last week that it has reached a settlement agreement with the Sampson County North Carolina Board of Education in a suit challenging a student's suspension for distributing materials outside of class as part of a nationwide "Day of Truth". The Day focuses on Christian beliefs that oppose homosexuality. In November, a North Carolina federal district court had issued a temporary injunction against Midway High School's policies on distribution of materials. (See prior posting.) In the settlement agreement, the school confirmed it had changed its policies in response to the temporary injunction and agreed to permit religious speech in the future. It also acknowledged that religious T-shirts are permitted at school and expunged the wrongful suspension from the record of student Benjamin Arthurs.

Many New Scholarly Articles Of Interest

From SSRN:
Michael J. Gerhardt, Why the Catholic Majority on the Supreme Court May Be Unconstitutional, University of St. Thomas Law Journal, Vol. 4, 2007 .

Kinari Patel, The Constitutional Paradox Posed by Permitting Polygamy in India, (February 24, 2007).

Perry Dane, Separation Anxiety: A Review Essay on Noah Feldman's "Divided By God", (Journal of Law and Religion, Forthcoming).

Ryan Benjamin Witte, I'm the Mommy, That's Why: A Minor's Right to Free Exercise when it Conflicts With a Parent's Hybrid Right Under Smith.

Nathan B. Oman, "United States v. Reynolds" , ENCYCLOPEDIA OF MORMON HISTORY, Paul Reeve & Ardis Parshall, eds. (ABC-Clio, Forthcoming).

From Bepress:
Gregory A. Kalscheur , S.J., Catholics in Public Life: Judges, Legislators, and Voters, (February 26, 2007).

Cyra Akila Choudhury, (Mis)Appropriated Liberty: Identity, Gender Justice, and Muslim Personal Law Reform in India, (2007).

From SmartCILP:
Vaughn E. James, The African-American Church, Political Activity, and Tax Exemption, 37 Seton Hall Law Review 371-412 (2007).

Symposium: End of Life Decision Making: The Right to Die? Articles by Steven H. Aden, Kathleen M. Boozang, Lois Shepherd, Wendy E. Parmet, Edward James Furton, Mark C. Rahdert, Corrine Parver, Joseph B. Straton, M.D. and Max Lapertosa. 15 Temple Political & Civil Rights Law Review 323-500 (2006).

Symposium: Religion, Division, and the Constitution. Introduction by Richard W. Garnett; articles by Lawrence B. Solum, Frederick Mark Gedicks, Stephen M. Feldman, David E. Campbell and Paul Horwitz. 15 William & Mary Bill of Rights Journal 1-146 (2006).

Symposium: Religion in the Public Schools. Articles by Steven G. Gey, Laura S. Underkuffler, Arnold H. Loewy, Jay D. Wexler, Richard B. Katskee, Luke Meier and Anthony R. Picarello, Jr. 5 First Amendment Law Review 1-200 (2006).

Temple Replica Found To Violate Zoning Code

In Matter of Winston v Town of Bedford, Zoning Board of Appeals, (S.Ct., Westchester Co., Feb. 27, 2007), a New York state trial court upheld a decision of a zoning board that found a replica of an 8th century Mayan Temple in a couple's back yard violates Bedford, New York's zoning code. The court rejected a claim that the zoning decision violates the couple's free exercise rights and RLUIPA, finding that the property owners could have built the replica elsewhere on their 13-acre estate and have been in compliance with the zoning code's setback requirements. The court also rejected the owners' claim that the replica was not a "structure" as that term is used in the zoning provisions. Friday's New York Journal News reports on the decision, pointing out that the property owners are an heir to the Harry Winston jewelry fortune and his wife.

Michigan Limit On Prisoner Suits Held Unconstitutional

Yesterday's Lansing State Journal calls attention to a January federal court decision that restores Michigan prisoners' rights to litigate free exercise claims. In Mason v. Granholm, 2007 U.S. Dist. LEXIS 4579 (ED MI, Jan. 23, 2007), the court struck down a provision that excludes prisoners from coverage under the Michigan Elliott-Larsen Civil Rights Act. The Act protects against religious (as well as other types) of discrimination in furnishing of public services. However in 2000, the Michigan legislature amended the law to provide that "public service does not include a state or county correctional facility with respect to actions and decisions regarding an individual serving a sentence of imprisonment". The court held that the amendment violates prisoners' right to equal protection of the laws. It concluded that "the state legislature has not attempted to deter frivolous lawsuits, but rather preclude meritorious ones."

International Body Upholds Soccer Hijab Ban

The International Football Association Board meeting Saturday in Britain has upheld a ruling by a Canadian soccer referee that a Muslim girl could not wear her hijab while playing in a championship game. (See prior posting.) Today's Toronto Star reports that the international group decided that it is up to the referee to decide whether the girl's headscarf violated Law 4 that provides a player "must not use equipment or wear anything that is dangerous to himself or another player (including any kind of jewellery)." The Muslim girl's team withdrew from the championship games last Sunday in protest of the ruling.

Jordan Journalists Oppose Proposed Law Against Villifying Religion

The Jordan Press Association yesterday passed a resolution opposing a proposed new press and publication law that would allow imprisonment of journalists for "defamation, vilification or abuse of religion". Today's Kahleej Times reports that the lower house of Jordan's Parliament is currently considering the proposed bill.

Saudi Virtue Commission Offical Defends Its Work

Arab News today reports on an interview with the director of the Madinah branch of Saudi Arabia's Commission for the Promotion of Virtue and the Prevention of Vice. Sheikh Suleyman Tuwaijri outlined five roles for the Commission: preventing "the growth of deeds and ideologies that pollute the pristine Islamic religious faith"..., "maintaining the practice of religious rites in society"..., "maintaining a sense of morality among people and protecting the honor of women by protecting them from being violated or harassed..., protecting the sanity and soundness of the human mind and intellect by preventing the manufacture and circulation of narcotics and intoxicants..., [and] protecting the cultural and ideological identity of society by [keeping] ... deviant ... publications ... and material from the reach of the public."

Tuwaijri rejected the allegation that the Commission denies women their rights. He said that the Commission "strongly intervenes when men try to harass [women] or tempts them to gratify their undignified impulses. The commission gives utmost importance to protect women’s rights and freedom that are accorded to them by the Shariah." He added, however that there are some things, which "are mistakenly claimed to be part of women’s freedom such as the immodest exhibition of their body and some other activities considered beyond the permissible limits of moral regulations fixed by Saudi society and the Shariah." He said that these "are in fact violations of the rights of other members of society who want to live in a morally chaste and unpolluted environment."

Suspended Christian Group Sues Georgia College

A college Christian outreach group, Commissioned II Love (C2L), has filed suit (text of complaint) in a Georgia federal court against Savannah State University claiming that the University violated the group's rights of speech, assembly, association and religion when it revoked its official recognition as a student organization for violating University rules. (Press release by ADF and NLF.) The University alleges that the group engaged in hazing, particularly by badgering members of fraternities and sororities. C2L claims that Greek letter groups violate Christian principles because they are founded on occult traditions, and generally encourage excessive drinking and premarital sex. It encourages students not to join Greek letter organizations or to deactivate if they are already members. The University also charged C2L with hazing because of its practice of having current members wash the feet of new members, as a symbol of Jesus' washing of his apostles' feet.

Proposal Would Amend Missouri Constitution to Permit School Prayer

HJR 19 has been introduced in the Missouri General Assembly. It proposes a state constitutional amendment that would "ensure public school students their right to free exercise of religious expression without interference, as long as such prayer or other expression is private and voluntary, whether individually or corporately, and in a manner that is not disruptive nor in violation of other policies, rules, or standards, and as long as such prayers or expressions abide within the same parameters placed upon any other free speech under similar circumstances". The proposed amendment also requires "that all free public schools receiving state appropriations ... display, in a conspicuous and legible manner, the text of the First Amendment of the Constitution of the United States".

Last Wednesday, the House Special Committee on General Laws heard testimony on the proposal. Saturday's issue of The Maneater reports that at the hearings, Rep. Beth Low argued that the amendment is unnecessary and would not accomplish its goals.

British Magistrate Denied Right To Opt Out Of Gay Adoption Cases

In Britain, the city of Sheffield’s Employment Tribunal has rejected a religious discrimination claim by a Justice of the Peace sitting as a magistrate in the Sheffield Magistrates' Court . The magistrate claimed that his Christian religious beliefs were violated when he was not permitted to opt out of overseeing cases involving adoptions by same-sex couples. The Employment Tribunal's decision prevents Magistrate Andrew McClintock from serving on the Family Panel, whose jurisdiction includes adoptions. BosNewsLife reported Saturday that the Tribunal ruled that "personal opinions" needed to be set aside in exercising the functions of public office. The Evangelical Alliance disagreed with the ruling, saying the case has to do with the need to make reasonable accommodation to religious conscience. Journal Chritien has additional background on the case.

California Christian School Loses RLUIPA Claim

On Friday, a jury in a California federal court ruled that Alameda County (CA) did not violate the Religious Land Use and Institutionalized Persons Act when it denied Redwood Christian Schools a permit to construct a new building. The San Francisco Chronicle says that the jury—after nearly a week of deliberations—decided that the county rejected the school’s request because of the need to keep land for agricultural use and open spaces. The jury rejected a claim that an earlier grant of a permit to a private non-religious school showed discrimination against Redwood. The non-religious school was building in an already developed area and was constructing a smaller building. Redwood Christian plans an appeal.

Anti-Jewish Remark Forces Candidate Out Of Mayoral Race

The Indiana Republican Party has asked Bob Parker not to file as a candidate for mayor of Indianapolis after Parker made a statement that was seen as reinforcing stereotyping of Jews. JTA reports today that Parker said: "I personally see Israel going into Iran and Syria in the next couple of months... It’s mainly because of the Jewish faction inside the Democratic Party. Most Jewish people are Democrats, and they bring that wealth."

Azeri Journalists On Trial For Insulting Muhammad

Interfax reported yesterday that a criminal trial of two journalists accused of insulting the Prophet Muhammad has begun in a court in Azerbaijan. The editor and a correspondent for Semet were charged with spreading ethnic, racial or religious hatred by publishing an article that allegedly insulted Islam.

UPDATE: The International Herald Tribune reported on Monday that the trial has been postponed as the court ordered a change of venue to the district where the newspaper offices are located instead of where the defendants live.

Kuwait Will Drop Religious Freedom From High School Curriculum

MEMRI today reports that Kuwait's education ministry plans to remove teaching about Article 18 of the Universal Declaration of Human Rights in the high school curriculum. Provision, which guarantees freedom of religion, including the right to change one's religion, is seen as contrary to Islamic law. In response, Kuwaiti reformist and intellectual Dr. Ahmad Al-Baghdadi has published two articles critical of Arab education and the mixing of religion into the teaching of secular subjects.

Registration Difficult To Obtan Under Serbia's Religion Law

Forum 18 yesterday gave an update on the status of religious freedom under Serbia's controversial Religion Law enacted last year. (See prior postings 1, 2 .) Only the Seventh Day Adventist and United Methodist churches and the Church of Jesus Christ of Latter-day Saints have been officially registered under the law. Many smaller religious groups have had their applications stalled. Some groups have decided not to apply for registration. Other groups are being sent by the Religion Ministry to register as an Association of Citizens with the Public Administration Ministry. But that ministry often sends them back to the Religion Ministry.

Controversial Chaplain Finally Discharged

On Tuesday, the D.C. Circuit Court of Appeals lifted its previously issued injunction, clearing the way for the Navy to discharge Chaplain Gordon Klingenschmitt. The Chaplain has been in a long-running dispute with the Navy over use of sectarian prayers outside of religious services. A September court martial found that he had disobeyed orders in wearing his uniform at a press conference challenging the Navy policy. More recently, the Navy refused to accept a change of endorsing organizations for Klingenschmitt's chaplaincy, and decided he should be discharged. The Associated Press reports that Klingenschmitt signed his final separation papers yesterday, but said that he will pursue his lawsuit seeking reinstatement

Mennonnites Leave Missouri Over Drivers' Licence Requirement

The Mennonite community in Randolph County, Missouri is moving to Arkansas because Missouri's 2004 drivers' license law requires them to be photographed in violation of their religious beliefs. Yesterday's Columbia (MO) Tribune reports that the move comes because of a change in Missouri law made in anticipation of the requirements of the federal Real ID Act. Under prior law, Mennonites could obtain a complete religious exemption from the photo requirement. Now they can get a personal drivers' licence without a photo on it, but they are still required to have a picture on file with the state. Arkansas may well move to the same photo requirement when the federal requirements become effective in 2008. But as of now the Mennonites can get a 6-year Arkansas license with a full religious exemption from photos. Mennonite Frank Christner explained: "We can either stay here and struggle or move to Arkansas and have at least six years to drive and work."

Agency Finds Discrimination Against Catholic Priest At NIH

Last week the U.S. Merit Systems Protection Board decided Heffernan v. Department of Health and Human Services, (Feb. 23, 2007), concurring with EEOC findings that a Roman Catholic chaplain at an NIH clinical center had been discriminated against on the basis of his religion. (Press release.) The EEOC decision, Heffernin v. Leavitt, (Jan. 26, 2007), found that Father Heffernan had been removed from his chaplain's position in retaliation for his objections to the NIH's multi-faith chaplaincy that required him to lead religious services of other faiths as well as his own. It concluded that while the priest's discharge was said to be for failure to comply with training certification requirement, in fact that was a pretext for discrimination and retaliatory animus. The EEOC decision found a number of instances of expressed animosity toward Catholics by Heffernan's supervisor at NIH.

Indonesia Moves Toward Sharia

Yesterday's International Herald Tribune carries an article titled Islamic Hard-Liners Chip Away at Indonesia's Secular Traditions. It reports: "Women are jailed for being on the street alone after dark in parts of Indonesia, long held up as a beacon of moderate Islam. Gamblers are caned as punishment, Christian schoolchildren are forced to wear headscarves and a proposed law would sentence thieves to amputation of the hands." The developments are the result of a determined group of conservatives pressing for Islamic laws, and liberal Muslim leaders not engaging in public debate on the developments.

San Diego Diocese Files For Bankruptcy Reorganization

Just before midnight on Feb. 27, the Catholic Diocese of San Diego, California became the fifth Catholic Diocese to file for bankruptcy reorganization in the face of lawsuits seeking damages for past priest sexual abuse. Catholic Online reported yesterday that the filing was made just hours before the trial was to begin in the first of 140 lawsuits seeking damages for abuse by priests. (See prior related posting.) Bishop Robert Brom posted a letter on the Diocese website explaining the decision to file. It said in part: "We have decided against litigating our cases because of the length of time the process could take and, more importantly, because early trial judgments in favor of some victims could so deplete diocesan and insurance resources that there would be nothing left for other victims."