US Files Brief In Bald Eagle Act Appeal

The Free New Mexican yesterday reports on the brief filed last week by the U.S. Department of Justice in its appeal to the 10th Circuit in United States v. Friday, a case in which a Wyoming federal district court found that the government’s implementation of the Bald and Golden Eagle Protection Act violated the free exercise rights of a member of the Northern Arapaho Indian Tribe. (See prior posting.) The brief appears to focus on countering the trial court's conclusion that the government has little intention of accommodating Native American religious rights. It cites examples of permits that have been issued to allow the taking of eagles for Native American religious ceremonies.

Rabbinic Court Appointments In Israel Challenged

In Israel, petitions have been filed both with the High Court of Justice and with Justice Minister Daniel Friedmann objecting to the procedures used last week to appoint 15 new judges to the country's rabbinic courts. (See prior posting.) The petitions demand that the election results be cancelled and new judges appointed. Yesterday's Jerusalem Post reports on the judicial challenge and Haaretz reports on the filing with the Justice Ministry.

The petitions were filed by The Tzohar organization of modern Orthodox rabbis and Emunah, the National Religious Women's Organization. They claim that the new ultra-Orthodox appointees will be insensitive to women's issues. The High Court petition alleges that the appointments were the result of a political deal between two ultra-Orthodox parties. It says that election committee members were not given the protocols of the subcommittees that interviewed and rated the candidates and were not told to which courts the nominees would be assigned. When the head of the committee began to read the names of the candidates and give his opinion of each, apparently committee members interrupted him and said there was no need for that, even though some new committee members were unfamiliar with the candidates.

Italian Bishops Speak Out Against Civil Unions; Public Thinks They Shouldn't

In Italy, Archbishop Angelo Bagnasco of Genoa, the new president of the Italian bishops' conference, has rejected charges of interference in secular politics and has strongly defended the involvement of Church leaders in Italy's public debate over legal recognition of civil unions. Yesterday's Catholic World News quotes the Archbishop as saying: "Church leaders have a solemn obligation to protect marriage and the family." However, a poll by Demons-Eurisko for found that more than 60% of Italians-- including 44% of those who describe themselves as practicing Catholics-- oppose Church leaders telling politicians how to vote on the government's proposed recognition of civil unions. (Catholic World News.)

Meanwhile, there are disagreements within the Italian bishops' conference on whether Catholic politicians who vote for civil-union legislation should be subject to some religious sanction, such as denial of the Eucharist. (Catholic World News.)

Permanent Injunction Permits Anti-Abortion Literature Distribution At School

In M.A.L. v. Kinsland, (ED MI, March 19, 2007), a Michigan federal court converted its January preliminary injunction into a permanent injunction, barring a Monroe, MI middle school from enforcing its policy on distribution of non-school sponsored literature. (See prior posting.) The ruling permits a student to distribute anti-abortion literature before and after school, and during the lunch period. It also permits him to wear a sweat shirt carrying the slogan "Pray to End Abortion" and to place tape on his wrists, but not on his mouth. The school retains the right to control these activities only if they they threaten or pose material and substantial disruptions of discipline or intrude on other students' rights. The case grew out of a student's participation in last year's Pro-Life Day of Silent Solidarity. A release by Alliance Defense Fund announced the court's ruling.

Settlment Reached In FL Community Center's Exclusion of Religious Groups

The Alliance Defense Fund yesterday announced the settlement of a lawsuit that had been filed against Ocala, Florida's Marion Oaks Community Center. The Marion County public facility allows groups and individuals to rent rooms at the community center, except that the community center and park would not be rented out "for formal religious services, informal study programs, or revivals". The complaint in Quinones v. Marion County, filed last January, alleges that the policy violates the speech and religion clauses of the First Amendment and denies equal protection of the law to religious groups. It also alleged violation of Florida's Religious Freedom Restoration Act.

Under the settlement, Marion County has agreed to remove the religious prohibitions from its policy and to treat the plaintiff, Iglesia Cristiana Fe y Esperanza (Faith and Hope Christian Church), equally with other groups seeking to use Marion Oaks facilities.

Indiana Distributes "In God We Trust" License Plates

Since January, the state of Indiana has given drivers an option to obtain license plates carrying the motto "In God We Trust". Yesterday's Marion (IN) Chronicle-Tribune says that legislators are surprised at how popular the option has become. More than 321,000 of the plates have been distributed since January. They cost no more than standard plates, though for individuals who have already registered their autos for 2007, a $9 transfer fee is involved to get the plates for this year. A posting on Dispatches from the Culture Wars reviews the discussion on Religionlaw listserv on whether Indiana has created an Establishment Clause problem by charging an added fee for other specialty plates, but not for this one.

Macedonia Will Require Religious Education For 5th Graders

In Macedonia, religious education will be mandatory for all 5th graders starting in the 2008-09 school year. MRT reports today that students will have a choice between a religious instruction course on Orthodoxy and Islam, or a course in religious history

Suit Filed Over Expansion of Tiburon, CA Synagogue

In wealthy Marin County, California, controversial plans to expand the county's only synagogue have hit another hurdle. Yesterday's Marin Independent Journal reported that even though the Town of Tiburon finally approved the construction-- with a number of conditions imposed-- now neighbors of the synagogue have filed suit in Marin Superior Court. The lawsuit against both Tiburon and the synagogue alleges that in granting a construction permit, Tiburon failed to address environmental concerns in violation of the California Environmental Quality Act as well as Tiburon's own land use regulations

Nigerian City Gets Women-Only Rickshaws

Two years ago in the northern Nigerian city of Kano, in an attempt to impose stricter Islamic law, women were banned from riding on motorcycle taxis on which they came into physical contact with the male cycle drivers. (See prior posting.) Now, subsidized yellow motorized rickshaws for women, bearing the slogan "Be Pious," are appearing on the streets of Kano. Yesterday's International Herald Tribune reports that the rickshaws have pull-around shades to hide the women from being seen by men.

Quebec To Require Muslim Women To Lift Veils To Vote

Marcel Blanchet, chief electoral officer of the Canadian province of Quebec, on Friday reversed his earlier interpretation of Quebec's voting law and ruled that Muslim women would be required to lift their niqab to show their face in order to identify themselves to vote. Saturday's National Post reports that Blanchet reversed himself after numerous e-mails and telephone calls suggested that voters might disrupt elections today. A campaign on the Internet encouraged voters to show up at the polls wearing paper bags over their heads or wearing Darth Vader masks. Blanchet said, however, that after today's election a serious debate on the issue must take place. Dr Mahfooz Kanwar, head of the Muslim Canadian Congress has suggested that Canada totally outlaw the niqab. He was quoted in today's Daily Times as saying that the veil is not required by Islam and "It should be against the law to hide your face in this society, period."

Christian Pastors Arrested In Indian State For Conversionary Activity

In the Indian state of Rajasthan, two Christian pastors have been arrested on charges of insulting Hindu gods and forcing people to convert to Christianity. Today's Pakistan Christian Post reports that the two have been charged under section 295 of the Indian Penal Code that prohibits insulting the religion of any class of persons. In Rajasthan last year, the governor refused to sign an anti-conversion bill passed by the legislature. (See prior related posting.)

Recent Prisoner Free Exercise Cases

In Jefferson v. Wolfe, 2007 U.S. Dist. LEXIS 18625 (WD PA, March 16, 2007), a federal Magistrate Judge rejected an Establishment Clause, a Free Exercise Clause, a retaliation and an Equal Protection Clause claim by a Muslim inmate, Leonard Jefferson. It found that Jefferson had not been coerced into participating in religious-based rehabilitation programs; that forcing him to participate in non-Islamic based programs did not violate his free exercise rights; that his removal from his job as Chapel clerk was justified based on his inflammatory and disruptive poetry; and that he was offered access to the same programs and benefits as other prisoners.

In Henderson v. Ayers, 2007 U.S. Dist. LEXIS 18791 (CD CA, Feb. 23, 2007), a California federal Magistrate Judge permitted an inmate to move forward with a claim under RLUIPA that his rights were violated when he was denied time off work to attend Friday Islamic prayer services.

In Phillips v. Stanley, 2007 U.S. Dist. LEXIS 19608 (WD VA, March 20, 2007), a Virginia federal district court dismissed a prisoner's claim that he was not able to go to church or get religious books because the prisoner failed to particularize the facts surrounding his claim.

In Goodrick v. Roane, 2007 U.S. Dist. LEXIS 19360 (D ID, March 19, 2007) an Idaho federal court permitted a prisoner to move to trial with his claim that a correctional officer violated a settlement agreement in his prior free exercise claim that permitted him to keep a limited amount of religious prayer oil in his cell.

In Busick v. City of Madison, 2007 U.S. Dist. LEXIS 19432 (SD MI, March 19, 2007), a Mississippi federal district judge dismissed a prisoner's challenge to a policy that permitted him to receive religious material by mail only from one approved source.

In Stanko v. Patton, (8th Cir., March 20, 2007), the U.S. 8th Circuit Court of Appeals reversed a district court's finding that a prisoner's Free Exercise claim is frivolous. The inmate claimed that he is a member of the Church of the Creator, and that eating nuts and fruit is a genuine dietary requirement of the religion.

In Hightower v. Schwarzenegger, 2007 U.S. Dist. LEXIS 20520 (ED CA, March 8, 2007), a California federal Magistrate Judge dismissed without prejudice a prisoner's claim that defendants refused boxes of religious books sent to him directly by the publisher on more than one occasion. The court said that plaintiff needed to amend his complaint to link the named defendants with the alleged conduct.

In Larry v. Goetz, 2007 U.S. Dist. LEXIS 20619 (WD WI, March 20, 2007), a Wisconsin federal district court rejected a Muslim inmate's claim that a volunteer chaplain at the Dane County jail violated his free exercise rights by failing to arrange Jumah services. There was no evidence that the chaplain had the authority to determine whether such services would be offered.

In Coronel v. Paul, 2007 U.S. App. LEXIS 6928 (9th Cir., March 12, 2007), the U.S. 9th Circuit Court of Appeals reversed an Arizona federal district court dismissal of a claim against a prison chaplain, the warden, and Corrections Corporation of America at a CCA-operated prison. It held that the lower court erred in finding these defendants uninvolved in alleged infringements of an Hawaiian inmate's rights under the First Amendment and RLUIPA. They had implemented an order of the Hawaii Department of Corrections that Hawaiian inmates be prohibited from participating in Pascua Yaqui Native American sweat lodge ceremonies because prison gangs were using these services to organize disruption.

Last week the Associated Press reported on the settlement of a lawsuit brought by by the ACLU on behalf of a Mormon prisoner against Louisiana State Penitentiary. The prison will now permit the inmate to buy books from several previously-unapproved Church of Jesus Christ vendors, including Brigham Young University's bookstore.

Controversial Australian Mufti Retains His Position

In Australia, Muslim clerics meeting in Sydney have decided that the controversial Sheik Taj Din al-Hilali should remain as Mufti of Australia, a position he has held since 1988. Developments were reported yesterday by M&C. Controversial past remarks by the sheik led to calls for his removal by Prime Minister John Howard and New South Wales Premier Morris Iemma. Last year the sheik raised widespread protest when he suggested that women who do not wear a head covering invite rape. This year he suggested that Muslim immigrants have greater entitlement to live in Australia than did the country's colonial settlers.

Pakistani Muslims Fail To Rally Opposition To Hindu Chief Justice

Ohmy News reports that religious parties in Pakistan have failed in their attempts to generate opposition to the appointment of an observant Hindu as the country's Chief Justice. A senior religious cleric, Maulana Sami-ul-Haq said that it is not permissible under Islamic law for a non-Muslim to become the chief justice of an Islamic state. Legal experts disagree. The appointment follows the controversial suspension of former Chief Justice Iftikhar Muhammad Chaudhry who was charged by President Pervez Musharraf with misusing authority. (See prior posting.)

Rice- Mubarak Spar Over Egypt's Proposed Constitutional Changes

On route to her visit to Egypt, U.S. Secretary of State Condoleezza Rice strongly criticized a proposed package of constitutional amendments that will be voted on in a referendum in Egypt on Monday. One of them, aimed at the Muslim Brotherhood, bans political parties based on religious denomination. (See prior posting.) The Associated Press reports that in a nationally televised speech on Saturday, Egypt's President Hosni Mubarak defended the amendments. He said that history had taught him "the dangers of mixing religion with politics," and that the amendments would cut off those "attempting to strike at the unity of this nation's Muslims and Christians." AP reports on Sunday indicate that Secretary Rice raised her concerns directly in her opening talks with Mubarak.

UPDATE: On Tuesday Egypt announced that the voters had approved the 34 proposed constitutional amendments by a vote of 75.9% in favor. It said that turnout in Monday's referendum was 27%, but the Egyptian Organization for Human Rights says the turnout was much lower than that. (AP).

Recent Scholarship On Law and Religion

From SSRN:
David E. Guinn, Erecting the Barrier: Creating the New Liberal Compact on Religion, Chap. 3, and The Terrors of Christendom, Chap. 2. in Constantine's Standard: Religion,Violence, Politics, Law & Faith to Die For.

Mostly from SmartCILP:
Richard M. Esenberg, You Cannot Lose If You Choose Not To Play: Toward a More Modest Establishment Clause, 12 Roger Williams University Law Review 1-69 (2006).

Larry O. Natt Gantt, II, Charles H. Oates & Samuel Pyeatt Menefee, Professional Responsibility and the Christian Attorney: Comparing the ABA Model Rules of Professional Conduct and Biblical Virtues, 19 Regent University Law Review 1-93 (2006-2007).

James L. Heft, S.M., Religion and Politics: the Catholic Contribution, 32 University of Dayton Law Review 29-46 (2006).

Erin E. Goodsell, Constitution, Custom, and Creed: Balancing Human Rights Concerns with Cultural and Religious Freedom in Today’s South Africa, 21 BYU Journal of Public Law 108 (2007).

Symposium Issue: God & War. Foreword by Linda Bevilacqua; articles by John D. Carlson, Liaquat Ali Khan, David A. Bosworth, Jeffrey F. Addicott and John D. Altenburg, Jr. 7 Barry Law Review 1-163 (2006).

Pope Criticizes EU 50th Anniversary Statement

Pope Benedict XVI yesterday strongly criticized European Union leaders for excluding any mention of God in the declaration marking the EU's 50th anniversary. (See prior posting.) Reuters quotes the Pope who said: "If on the 50th anniversary of the Treaty of Rome the governments of the union want to get closer to their citizens, how can they exclude an element as essential to the identity of Europe as Christianity, in which the vast majority of its people continue to identify."

Ohio's Anti-Funeral Picketing Law Largely Upheld

The Cleveland Plain Dealer today reports that an Ohio federal district court on Friday upheld key portions of Ohio's "Let Them Rest in Peace Act" (ORC 3767.30) that bans protests within 300 feet of a funeral from one hour before to one hour after the ceremony. The court held that the law protects people from unwanted communication, while allowing protesters to demonstrate elsewhere. The law is aimed at the Westboro Kansas Baptist Church whose members picket veterans' funerals around the country with signs claiming that God is killing American soldiers as punishment for "the sin of homosexuality." However the court struck down a provision of the law that creates a 300-foot floating buffer around a funeral procession. The AP reports that Westboro church members are still planning a funeral protest on Monday. Usually their protests are outside the 300-foot zone in order to get their message out near streets with heavy traffic.

Preacher Challenging NC City's Permit Requirement

In Hendersonville, North Carolina, a street preacher-- Billy Ball-- is challenging the city's ordinance that requires a permit from the police before delivering any speech or sermon, or demonstrating, on any city street, sidewalk or public grounds. The ordinance provides that a permit maybe revoked where "the good morals, safety and public order of the city so demand." Yesterday's Hendersonville News says that Ball claims his First Amendment rights are violated by having to obtain a permit from the police chief. The preacher has been cited twice for violating the ordinance. His most recent citation was for his carrying a sign reading: "Three gays rights: AIDS, hell, salvation." Ball plans to return with 20 demonstrators to again challenge the legality of the city's rule. Police Chief Donnie Parks' response is to quote back to Ball a Biblical verse (Romans 13:1) saying that everyone should submit to the governing authorities.

Ohio Ends Contract With Group Administering Faith Based Funds

As reported previously, Ohio's new Democratic governor, Ted Strickland, has ordered the state's Inspector General to investigate the operation of the Ohio Governor's Office of Faith-Based and Community Initiatives. Apparently the group that was under contract to manage $22 million in grants that faith-based organizations could access has refused to answer investigators' questions. ABP reports that this has led state officials to terminate the state's contract with the group, We Care America. The Dayton Daily News Dayton has published an investigative series that discloses ties between the White House and leaders of We Care America. Gov. Strickland, himself an ordained Methodist minister, said: "It just really seems as if this is an example of where money that should've legitimately gone to serve the needs of the poor and vulnerable people in Ohio was in my judgment misused, and it was done in the name of God. It's just reprehensible what happened here." Melissa Rogers' blog has more on the story.