4th Circuit Upholds Principal's Removal Of Religious Material From Bulletin Board

Yesterday the U.S. 4th Circuit Court of Appeals upheld the actions of a York County, Virginia principal who removed religious-themed material that Spanish teacher William Lee had posted on his classroom bulletin board. The posted articles and photos focused on instances of governmental involvement with religion and on religious activities of a former Virginia high school student. In Lee v. York County School Division, (4th Cir., May 2, 2007), the court rejected the Spanish teacher's claim that his First Amendment free expression rights were violated by the principal's actions. The court held that the items removed from the bulletin board were curricular in nature, constituted school-sponsored speech and bore the imprimatur of the school. This makes the dispute over Lee’s postings of the items merely an ordinary employment dispute, and not a dispute over his right to speak out on matters of public concern. In reporting on the decision yesterday, the Washington Post quoted the head of the Rutherford Institute as saying that it would ask the U.S. Supreme court to review the decision. (See prior related postings 1, 2.) [Thanks to Derek Gaubatz for the lead.]

USCIRF Makes Recommendations On List Of Countries Violating Religious Freedom

Yesterday, the United States Commission on International Religious Freedom (USCIRF) issued its 2007 recommendations to the Secretary of State on countries in which there are serious violations of religious liberty. (Press release.) Eleven countries were recommended for listing as "Countries of Particular Concern"-- those with the most egregious violations of religious freedom and belief. Eight of these countries were named CPCs by the State Department last year-- Saudi Arabia, China, North Korea, Sudan, Iran, Eritrea, Uzbekistan and Burma. The Commission recommended placing Viet Nam back on the list. It had been removed last year on the eve of President Bush’s visit there for the Asian Pacific Economic Conference. USCIRF also recommended adding Turkmenistan and Pakistan to the list. Last year the State Department rejected USCIRF's recommendations to list these two countries as CPCs. Annual designation of CPCs by the President is mandated by the International Religious Freedom Act of 1998.

USCIRF also placed eight countries on its watch list, as countries where religious freedom violations call for close monitoring. Carried over from last year are Afghanistan, Belarus, Egypt, Bangladesh, Cuba, Indonesia, and Nigeria. Added this year is Iraq. USCIRF also issued its 2007 Annual Report containing detailed reports on the status of religious freedom in numerous countries around the world.

Suit Challenges Indiana Social Service Agency's Hiring of Chaplain

In March 2006, Indiana's Family and Social Services Administration employed Rev. Michael Latham, a Baptist minister, as its chaplain to travel across the state to counsel FSSA workers during a time of rapid changes in the agency. Latham also recruits volunteer clergy of other faiths to provide counseling. Yesterday, according to the Associated Press, the Freedom From Religion Foundation filed suit in federal district court in Indianapolis claiming that the hiring of Latham was unconstitutional under the federal and state constitutions. The suit alleges that his hiring had no secular purpose and creates excessive entanglement between government and religion.

En Banc 10th Circuit Review Sought In "Seven Aphorisms" Cases

The cities of Duchesne and Pleasant Grove, Utah have petitioned for en banc review by the U.S. 10th Circuit Court of Appeals in two decisions by a 3-judge panel that largely upheld the right of members of the Summum faith to erect monuments displaying their Seven Aphorisms alongside Ten Commandments monuments in two different public parks. (See prior posting.) Yesterday's Deseret Morning News reports on the petitions filed in Summum v. Pleasant Grove City and Summum v. Duchesne City. The cities argue that the 3-judge panel was mistaken in characterizing the donated Ten Commandments monuments as private speech instead of speech by the government. They say that the panel's reasoning could could turn parks "into a cluttered junkyard of monuments contributed by all comers."

The argument that once the 10 Commandments monuments were donated, they were "government speech", is a particularly interesting one in the Duchesne City case. There the city, in an attempt to avoid Summum's request for equal treatment in a public forum, transferred the parkland under the 10 Commandments monument to private individuals.

Texas House Passes Bill To Protect Student Religious Speech

On Tuesday, the Texas House of Representatives approved by a vote of 121- 10 (with one person voting Present) HB 3678, the Religious Viewpoints Antidiscrimination Act, also known as the Schoolchildren's Religious Liberties Act. The bill requires public schools to allow students to express religious viewpoints in the same way that it permits them to express other points of view. It provides that students may express their beliefs about religion in homework, artwork, and other assignments, and may organize prayer groups, religious clubs, "see you at the pole" gatherings, or other religious events before, during, and after school to the same extent that students are permitted to organize other noncurricular activities. The bill sets out a Model Policy that schools may adopt to comply with the bill's requirements.

Monday's San Antonio Express-News reports that the bill, now in the Senate Education Committee, is strongly supported by Texas Governor Rick Perry. However Kathy Miller, head of the Texas Freedom Network, says that the bill threatens religious freedom because "students will be held captive to the expression of religious beliefs that they and their families may not share". (See prior related posting.)

Missouri Legislature Passes Faith-Based Organization Liaison Act

Yesterday, according to the Rolla Daily News, Missouri's House of Representatives passed the Faith-Based Organization Liaison Act ( HB 888) by a vote of 122-27. Already passed by the Senate, the bill calls for the Social Services Department to appoint regional liaisons to promote the provision of community services by faith-based organizations and provide guidance to them on their rights and responsibilities under federal law. (See prior posting.)

State Funds To Baptist Group Homes Challenged; Proselytization Charged

In a Kentucky lawsuit challenging state funds that have gone to the Kentucky Baptist Homes for Children, plaintiffs have filed a copy of a report that charges the social service agency with religious coercion and proselytizing in their group homes. Today's Louisville Courier Journal reports that in exit interviews conducted for the state by the Children's Review Program, a comparatively small number of children claimed that they were forced to participate in Bible readings, prayers or Baptist services or that they were prevented from practicing their own faith. The agency (now known as Sunrise Children's Services), has received $61 million for housing children placed in state custody. It denies the charges, and the state agrees. In reviews, the Homes have generally scored high on maintaining children's cultural connections. The lawsuit challenging state funding, as well as charging religious discrimination, was filed in 2000 by and employee who was fired after the Homes learned that she was a lesbian.

British Treasury Considering Issuance of Sharia-Compliant Bonds

In a speech last week (full text), Britain's Economic Secretary to the Treasury, Ed Balls, announced that the UK government is looking into the possibility of issuing government bonds that are Sharia compliant. He said that a working group is being formed to "examine the wider benefits from the issuance of sukuk bonds for the development of London as a centre for Islamic finance." Bahrain, Malaysia, Qatar and Saxony-Anhalt in Germany are already issuing this type of financial instrument. In addition to considering the issuance of Sharia-compliant bonds in the wholesale sterling market, Britain's National Savings and Investment agency will examine the possibility of issuing Islamic products in the retail market as a way of encouraging British Muslims to save.

Last week, stories in The Guardian and Arabian Business emphasized the growing market for Islamic financial products. The government bond proposals are part of a broader group of measures that were announced by Secretary Balls on April 16 at a government-hosted summit on Islamic finance. (Press release.)

Britain's initiative is not without its critics. In a letter to the Financial Times last week, a spokesperson for the Lawyer's Christian Fellowship argued that Sharia would limit the purposes for which funds raised from the bonds could be spent, and that disputes regarding such financial instruments could involve the need to interpret religious law. In this regard, an article today in LiveMint.com profiles Bahrain's Sheikh Nizam Yaquby, one of a group of Islamic scholars who advises financial companies around the world on structuring insurance policies, accounts and bonds to meet the requirements of Islamic law.

UPDATE: The May 3 Legal Times carries an interesting article on the growing demand for lawyers with expertise in Islamic finance and the role of Islamic scholars in developing new products.

Teacher Sues School Over Order To Remove Classroom Banners

Yesterday, the Thomas More Law Center announced that it had filed a federal civil rights suit against San Diego, California's Poway Unified School District on behalf of a teacher who was required by school officials to remove from his classroom a number of banners with religious references on them. For the past 25 years, teacher Brad Johnson had displayed banners with excerpts from patriotic documents referencing God, such as "in God We Trust" and "God Shed His Grace on Thee". The suit alleges that the school district has imposed an unconstitutional viewpoint-based restriction that serves no valid educational purpose on Johnson's speech by ordering the banners taken down. Yesterday's North County Times discusses the lawsuit. Poway School District is already involved in other high profile litigation brought by a student who was banned from wearing a T-shirt condemning homosexuality.

California Can Require Social Security Number For Driver's License

In Harris v. Business, Transportation and Housing Agency, 2007 U.S. Dist. LEXIS 31283 (ND CA, April 17, 2007), a California federal district court rejected a free exercise challenge to California's requirement that a person applying for a drivers' license present a social security number. Smiley Harris, a minister in the Church of Greater Faith and Redemption, in a wide-ranging group of claims, argued that his congregation forbids use or possession of a social security number, believing that it is the "mark of the beast".

Britain's New Religious Discrimination Ban Effective April 30

Norwich Union reports that Part 2 of Britain's Equality Act of 2006 banning discrimination on the basis of religion or belief came into force on April 30. The new requirements cover furnishing of goods, facilities or services. Britain's Department of Communities and Local Government has issued a Guidance document that explains the new rules and certain exceptions that are available for religious organizations. A Guidance document for schools is available from Teachernet.

Malaysian Offical Rejects Request For Chinese Muslim Mosque

In Malaysia, Abdul Hamid Othman, the religious adviser to Prime Minister Abdullah Ahmad Badawi, has recommended that the government refuse a request by Chinese Muslims who want to build a Chinese-designed mosque in Kuala Lumpur. Yesterday's Khaleej Times reported on the dispute. Danial Hakim Boey, head of the Malaysian Chinese Muslim Community, says that Indian Muslims in Malaysia have their own buildings. However, Hamid said that the request has political implications: "Now they want their own mosques, the next time around they will be asking for leaders to represent their ethnic groups."

Court Upholds Navy Chaplain Selection Policy

In a doctrinally important decision yesterday, the U.S. District Court for the District of Columbia rejected claims by three non-liturgical Protestant ministers that the composition of the Navy's chaplain corps violates the First Amendment. Plaintiffs, who had been rejected for the corps, argued that liturgical Protestant chaplains were unconstitutionally over-represented in relation to the religious preference of Navy personnel served. In Larsen v. United States Navy, (DDC, April 30, 2007), the court upheld the Navy's current policy of taking the best-qualified candidates regardless of denomination, and found that plaintiff's challenge to the Navy's former policy of proportional representation of denominations is moot since the policy is no longer in effect.

In evaluating the Navy's current policy, the court held that under the Supreme Court's decision in Goldman v. Weinberger, the court should not apply the normal strict scrutiny standard used in free exercise cases. Instead, where military policy is involved, the court must use a more deferential analysis. The court said:

If the Navy were constitutionally required to organize and constitute a chaplaincy, so as to ensure the free exercise rights of its service members, then the chaplaincy program would have to not only be narrowly tailored to the free exercise needs of the Navy's service members, it would have to be in relative synergy with it.... If, as is the case here, the Navy is permitted, but not constitutionally required, to accommodate religious needs of its members via a chaplaincy program, the Navy's program need not satisfy every single service members' free exercise need, but need only promote free exercise through its chaplaincy program. The program is constitutionally sound if it simply works toward accommodating those religious needs.

The court found that the Navy's current program seeks legitimate military ends and is designed to accommodate the rights of Navy personnel to an appropriate degree. It found that plaintiffs' proposal that the chaplain corps reflect the actual religious demographics of the Navy confuses number of adherents with the religious needs of personnel, which may not be proportional to their numbers. A more tailored program would require the Navy to become excessively entangled in studying the religious habits and interests of its members.

Military Agency Focuses On Increased Religious Diversity

As religious diversity in the military grows, a little known Department of Defense agency has been conducting research and is offering training to government personnel on the issue. The Defense Equal Opportunity Management Institute , as part of its mission, focuses on the growing religious diversity within DOD and among those with whom the Department deals. A Religion Clause reader mentioned the initiative to me, and I asked her to give me more information. Here is the description from Charlotte E. Hunter, CDR, CHC, USN, who is part of the program:

The Defense Equal Opportunity Management Institute (DEOMI), a Department of Defense (DoD) agency, is the U.S. military's premiere organization dedicated to promoting understanding of and respect for equal opportunity, diversity, and cultural competency within the military Services and other federal agencies. One critical facet of DEOMI's mission lies in conducting research and providing training on the growing religious diversity within DoD ranks and how accommodation of this diversity affects issues of recruitment, retention, and readiness.

In addition, increased awareness of the importance of religion (and other cultural factors) within those populations with whom DoD personnel interact finds DEOMI ideally situated to provide military and government leaders with research possessing both scholarly depth and military awareness. DEOMI personnel provide expert training in these areas to military and civilian employees of DoD at DEOMI, located on Patrick Air Force Base, FL, and in military units around the country, placing continual emphasis on how religion can and does play a vital role in the military mission.

Kansas City Airport Adds Foot Washing Basins For Muslim Cabbies

Accommodating requests by a growing number of Muslim cab drivers, the Kansas City International Airport has recently expanded its taxicab facility restroom area to include four individual foot-washing benches and basins. In preparation for prayer five times each day, Muslims wash their feet to purify themselves. WorldNetDaily on Saturday reported that the new facility has become controversial as some object that authorities are catering to one religion's needs. It is estimated that 70% of the airport's 250 cab drivers are Muslim. This controversy comes shortly after a similar one in Minneapolis after a community college proposed installing foot washing basins to accommodate Muslim students. [Thanks to Jack Shattuck for the lead.]

Evangelists Lose Challenge To SF Noise Ordinance In 9th Circuit

In Rosenbaum v. City and County of San Francisco, (9th Cir., April 30, 2007), the U.S. 9th Circuit Court of Appeals rejected equal protection and First Amendment challenges to San Francisco's enforcement of its noise and its permit ordinances against Christian evangelists seeking to use sound amplification equipment for their preaching in the streets and parks of San Francisco. The court found no evidence of selective issuance of permits nor of selective enforcement by police. It also rejected claims of viewpoint discrimination. Appellants had argued that officers allowed a "heckler's veto" and that denial of a permit because of excessive noise was a pretext for disagreement with the content of their speech, as was their arrest for disturbing the peace. Finally the court rejected prior restraint arguments and claims under the California Constitution put forward by the evangelists. CBS 5 yesterday reported on the decision. [Thanks to How Appealing for the lead.]

City Officials, Catholic Church In Standoff Over Mexico City's New Abortion Law

In Mexico City, the Catholic church is confronting government officials over the city's new abortion law. Mexico City's legislative assembly voted 46-9 last week to legalize abortion during the first 12 weeks of pregnancy. The bill was published into law last Thursday. It makes Mexico City the largest city in Latin America to legalize abortion. (Washington Post, April 24) (Houston Chronicle, April 26). Under the new law, according to Mexico City Mayor Marcelo Ebrard, doctors at city-run hospitals cannot refuse to perform abortions even if they have religious or moral objections. Nevertheless, the Roman Catholic Church on Sunday called on doctors to refuse to perform the procedure. It threatened to excommunicate health care workers who perform abortions. (Catholic World News, April 30). The Church's activities have led to its being under investigation for violating Mexican laws that prohibit its participating in politics. (El Universal, April 30.)

Kaiser Network says that the new law allows gynecologists who have moral objections to performing abortions to refuse to do so, at least in private hospitals. The College of Catholic Lawyers plans to file a formal complaint with the Inter-American Court of Human Rights. They contend that the law is unconstitutional.

Kenya Students Sue For Right To Wear Headscarves In School

Today's Kenya Times reports that in Kenya's Mwingi District, 120 students from eleven primary schools have sued claiming that they have been unconstitutionally expelled from school for wearing headscarves. The girls claim they are Christians and members of a church known as "Arata A. Roho Mutheru". They say their religion requires them to keep their head covered. Their lawyer argues that their expulsion violates Sec. 78 of Kenya's Constitution that protects freedom of conscience, thought and religion. He says that the schools' actions also violate the students' rights under the country's Free Primary Education policy.

President Declares May As Jewish American Heritage Month

Yesterday, President George W. Bush issued a Proclamation declaring May 2007 as Jewish American Heritage Month. The Proclamation reads in part: "Throughout our history, Jewish Americans have contributed to the strength of our country and the preservation of our values. The talent and imagination of these citizens have helped our Nation prosper, and their efforts continue to remind us of America's gift of religious freedom and the blessings of God's steadfast love."

UPDATE: A coalition of Jewish groups has created a Jewish American Heritage Month website with background information, resources and a calendar of planned events for the month.

Regulation of Islamic Banking Considered In Canada and UK

The Canadian law firm of of Strikeman Elliott has posted a newsletter titled Islamic Financial Services: Overview and Prospects for the Canadian Marketplace. It says that Canada's Office of the Superintendent of Financial Institutions has indicated that it is considering regulatory issues relating to the offering of Sharia-compliant financial products in Canada. Around the world, demand has grown for this type of financial alternative as oil wealth has increased and non-Muslim investors seek out ethical investments. In Britain, the Financial Services Authority has authorized both a Sharia-compliant retail bank and a Sharia-compliant investment bank. In April 2006, Britain's FSA issued a Consultation Paper on rules relating to Sharia-compliant Home Purchase Plans.