Suit Challenging Wm. & Mary Wren Chapel Cross Change Is Dismissed

An alumnus of College of William & Mary has lost his lawsuit (brought pro se) challenging the new policy put in place by the school's President and Board of Visitors regarding the display of a cross in the Wren Chapel on campus. The cross is now displayed in a glass case along with a plaque explaining the state school's Anglican roots. This follows an initial controversial decision to display it only when requested by a group using the chapel and on Sundays. In Leach v. Nichol, 2007 U.S. Dist. LEXIS 38763 (ED VA, May 29, 2007), the court held that plaintiff lacked standing. His only allegation of actual injury was that he "suffered pain and weeping" after the initial decision to remove the cross.

The court held further that even if plaintiff had standing, he did not demonstrate any violation of his First Amendment rights: "The Wren Chapel remains open for worship, the cross may be displayed on the altar at the request of the Chapel's users, and nothing forbids the plaintiff from bringing a cross or a Bible of his own into the Chapel for use in exercising his religion."

Study Shows Disparities In Asylum Case Results

Today's New York Times reports on a study by three law professors analyzing 140,000 decisions over four years by immigration judges in cases in which petitioners are seeking asylum because of fear of persecution (including religious persecution) in their home countries. The study of 54 immigration courts finds that there are broad disparities in results depending on the location of the court and the gender and professional background of the judge.

Churches Concerned About New Requirements For Tax Benefits In Northern Ireland

Legislation being drafted in Northern Ireland will require all charities to show that they further the "public benefit" in order to retain the right to get tax benefits they now enjoy-- receipt of 30% tax back from donations by taxpayers. Belfast Today reported on Tuesday that some churches are concerned about how the Charity Commission will interpret the new requirement. Christian groups promoting cross-cultural evangelism or those pressing for Biblical views on sexual mores and relationships are concerned that they may have difficulty meeting the new test.

Challenge To Food Distribution Ordinance Settled

A lawsuit (see prior posting) challenging a Jacksonville, Florida city ordinance that requires a permit in order to hand out food to the homeless has been settled. The Florida Times-Union reported last week that Michael Herkov will drop the lawsuit, and, in exchange, the city will enact a new ordinance that will exempt religious activities from the city's permit requirements for handing out food. The new ordinance would exempt "any person motivated by bona fide religious beliefs" protected by state and federal laws from the regulation. The city will also pay Herkov's legal fees. [Thanks to Jacqueline Dowd for the lead.]

Malaysian Convert Lina Joy Loses Appeal In High Court

In a 2-1 decision, Malaysia's Federal Court ruled today that Lina Joy, a Muslim convert to Christianity, must get permission from a Sharia court in order to have her religion changed on her identification card. The Associated Press and Reuters both report on the long-awaited decision from Malaysia's highest civil court. Writing for the majority, Judge Ahmad Fairuz upheld the refusal by the National Registration Department to change Joy's identification card. He said: "She cannot simply at her own whims enter or leave her religion. She must follow rules."

Dissenting, Judge Richard Malanjum, the only non-Muslim on the panel, said that it was unreasonable to require Joy to go to a Shariah court because she could face a fine or sentence to a rehabilitation center for apostasy by that court. He wrote: "In my view, this is tantamount to unequal treatment under the law."

Shariah courts in Malaysia have jurisdiction over civil, family, marriage and personal rights of the country's Muslims. A DPA report on the case points out that Islamic courts in each of Malaysia's 14 states have different rules. Only one state has provisions for Muslims to convert. Joy herself is in hiding with her Catholic fiance. So long as her conversion is not recognized, she can marry her fiance only if he converts to Islam. (See prior related posting.)

Georgia Court Says Harry Potter Books Can Stay In School Library

In suburban Atlanta yesterday, according to the Associated Press, a Superior Court judge upheld the refusal by the Gwinnett County school board to remove Harry Potter books from school libraries. Laura Mallory, a parent of two school children, had requested removal of the books, saying they promote witchcraft. Part of Mallory's argument in yesterday's hearing-- at which she represented herself-- was that since witchcraft is a religion, keeping the books in the library violates the Establishment Clause. That argument, however, is hardly consistent with another statement by Mallory: "I have a dream that God will be welcomed back in our schools again." The local school district and the state board of education had both previously rejected Mallory's request, saying that the books spark student creativity and imagination. The court held that the evidence presented supported the school's decision to leave the books in the library. (See prior related posting.) [Thanks to Jack Shattuck for the lead.]

Supreme Court Interprets Filing Deadline Narrowly For Title VII Pay Cases

Yesterday's U.S. Supreme Court Title VII pay discrimination decision, while involving sex discrimination, applies equally to religious discrimination claims. In Ledbetter v. Goodyear Tire & Rubber Co, Inc., (Sup. Ct., May 29, 2007), the court, in an opinion written by Justice Alito, held that the 180 day period for filing a discrimination claim with the EEOC runs from the last discriminatory act. The 180-day period in a pay discrimination case does not begin anew with each paycheck just because the check reflects the adverse impact of prior discrimination. Four justices dissented in an opinion written by Justice Ginsburg, arguing that pay disparities are different from other kinds of adverse action because they may take a long time to discover. The New York Times reports on the decision.

Catholic Day Care Center Wins RLUIPA and Equal Protection Challenges

In Shepherd Montessori Center Milan v. Ann Arbor Charter Township, (MI Ct. App., May 22, 2007), a Michigan appellate court-- hearing an appeal for a second time-- held that a Catholic Montessori day care program should be permitted to operate in an area zoned for office parks. Plaintiff claimed that the denial of permission to operate the school violated RLUIPA and the equal protection clause. The Court of Appeals agreed, reversing a contrary finding by the trial court. The trial court had held that other suitable property was available for the school. The Court of Appeals said that the trial court erred in holding that real estate costs could not place a substantial burden on plaintiff's religious exercise. The Court of Appeals also said it was clear that plaintiff could not afford available alternate properties. Furthermore, a variance had previously been granted for a secular day care center at the same location. The Court of Appeals said that refusing it here would amount to a denial of equal protection. [Thanks to Brian D. Wassom for the lead.]

In Boston Mosque Dispute, Both Parties Drop Lawsuits

A long-running legal dispute over the construction of a mosque by the Islamic Society of Boston is mostly over as parties agreed to drop competing lawsuits. The Boston Herald reported yesterday that Boston resident James Policastro will drop appeals of his Establishment Clause challenge to the discounted sale of land by the city of Boston to the Islamic Society. In turn, the Islamic Society will drop a defamation and civil rights suit it has filed against mosque opponents and member of the media who reported on the dispute. This will permit construction of the mosque to move forward. However, the David Project, says it will continue to pursue a lawsuit against the Boston Redevelopment authority seeking documents about the sale of the land. (See prior related postings.)

Line Drawing Is Difficult On Graduation Prayer In Michigan Case

A report in yesterday's Christian Post shows that line drawing on Establishment Clause issues continues to be difficult. A Comstock Park, Michigan high school student, Nick Szymanski, was killed last October when he was accidentally electrocuted painting a house. Symanski, who was a member of the school choir, had a favorite song-- The Lord's Prayer. The choir wants to sing it in his memory at graduation on Thursday. It would also present a second, non-religious piece as part of its performance.

The choir sang The Lord's Prayer earlier this year at a concert to raise funds for Szymanski's funeral and during a winter school concert. School officials, however, say that commencement is different-- there is more of a captive audience. That is what the Supreme Court said in a 1992 decision. Counsel has advised Comstock Park school officials that the song should not be included. (Grand Rapids Press). Disagreeing with that advice, the Alliance Defense Fund sent school officials a letter last week arguing that the performance is permissible, saying that under the circumstances it would not be seen as an endorsement of religion.

Northern Ireland Faces "Reverse Religious Discrimination" Charges

Affirmative action in recruitment for Northern Ireland's Police Service has led a Protestant leader-- Lord Laird of Artnagarvan-- to charge religious discrimination. A report yesterday by Catholic World News explains that starting in 2001, as part of the peace process, half of all new openings in the Police Service have been set aside for Catholics. The set-aside was aimed at increasing the confidence of Catholics in law enforcement. They had previously held less than 10% of the police positions.

Christian Coalition Suing Break-Off Group In Alabama

Today's Montgomery Advertiser reports on a bitter split in Alabama between two Christian political groups. Last year, John Giles, then head of the Christian Coalition of Alabama, split off from the national Christian Coalition and changed the name of the Alabama organization to Christian Action Alabama. The move followed decisions by the national group to expand its agenda to include support for labor and environmental issues. The national Christian Coalition then decided to rebuild its own chapter in the state and appointed Randy Brinson as president. Brinson has brought suit in state court alleging that the assets now controlled by Giles really belong to the Christian Coalition. He claims that Giles wrongly kept the group's mailing list and website URL. The two competing groups are currently lobbying on opposite sides on pending gambling legislation in the Alabama legislature, with Giles charging that Brinson's Christian Coalition has been subverted by gambling interests.

Muslim Cleric In Kashmir Opposes Army Aid In Renovating Mosques

In the Indian state of Jammu & Kashmir, the army has been helping to construct and renovate community service buildings such as schools, hospitals, and sports and entertainment venues. However one aspect of their work has created controversy. They have been building and repairing Islamic religious places. Now the grand mufti of Jammu & Kashmir has issued a fatwa saying that Islamic law bans non-Muslims from constructing, reconstructing or renovating any mosque or shrine. Greater Kashmir has much of the text of the ruling. He also ruled that no donation can be accepted from a non-Muslim for religious affairs. He urged the people to pay the army back the money it has already spent on the construction. ZeeNews today reports that the fatwa has been endorsed by the Muslim Personal Law Board and Nadwatul Ulama Jammu and Kashmir. Hurriyat leader Mirwaiz Umer Farooq said that the Army's efforts wree an attempt to dilute the Kashmiri culture and religion.

Recent and Upcoming Books of Interest

University of California Press:

• Donald E. Miller & Tetsunao Yamamori, Global Pentecostalism: The New Face of Christian Social Engagement, (Sept. 2007).
• John J. DiIulio., Jr., Godly Republic: A Centrist Blueprint for America's Faith-Based Future (Oct. 2007).

Rutgers University Press:

• Kate McCarthy, Interfaith Encounters in America, (March 2007).
• Lynn Schofield Clark, Religion, Media and the Marketplace, (March 2007).

University of Michigan Press:

• Angela D. Dillard, Faith in the City- Preaching Radical Social Change in Detroit, (2007).

Georgetown University Press:

• David L. Clough & Brian Stiltner, Faith and Force- A Christian Debate about War, (May 2007).
• J. Matthew Wilson (ed.), From Pews to Polling Places- Faith and Politics in the American Religious Mosaic, (Oct. 2007).
• Irene Oh, The Rights of God- Islam, Human Rights, and Comparative Ethics, (Nov. 2007).
  

Ugandan Religious Leaders Oppose Domestic Relations Reform

Uganda has ratified the United Nations Convention on Elimination of All Forms of Discrimination Against Women. In an attempt to carry out its terms, Parliament has been attempting to reform its marriage and divorce laws. However so far both the Muslim and Christian communities have opposed the Domestic Relations bill-- and Parliament has been unable to pass it, according to a report yesterday by the East African Standard. Muslim leaders say that the bill is inconsistent with Islamic law in several ways. It does away with required parental consent for marriage; and it allows polygamy only with the existing wife's consent. The Federation of Women Lawyers in Uganda says that less controversial parts of the bill should be enacted quickly so that pressing issues like alimony, property distribution, child support and cohabitation could be dealt with.

Malaysia's High Court Will Rule Wednesday On Reach of Islamic Courts

On Wednesday, Malaysia's Federal Court, the country's highest tribunal, will be announcing a decision that will be crucial in determining the role of Islamic law in the country. The Associated Press reports on the long-awaited decision. The case involves Lina Joy, who renounced Islam and converted to Christianity. After she converted, she applied for a name change on her identity card. The National Registration Department made the change, but refused to change her religious designation. When she appealed, the lower courts told her that only a Sharia court could pass on whether she could convert. Lina Joy however argues that under the country's Constitution she has the right to choose her religion, and that once she decided to become a Christian, she should no longer be under the jurisdiction of Islamic courts. (See prior posting.)

Joy's attorney, Benjamin Dawson, says: "Our country is at a crossroad. Are we evolving into an Islamic state or are we going to maintain the secular character of the constitution?" If Joy loses, apparently she could be prosecuted in Islamic courts for apostasy.

Diocese's Firing Of Youth Protection Advocate Upheld

In O'Connor v. Roman Catholic Church of the Diocese of Phoenix, 2007 U.S. Dist. LEXIS 38141 (D AZ, May 24, 2007), an Arizona federal district court dismissed a Title VII claim, finding that the termination of a Youth Protection Advocate by the Diocese of Phoenix was within the statutory exception that permits religious employers to discriminate in favor of members of their faith. Jennifer O'Connor claimed that her termination was triggered by her disagreement with the way in which the Diocese was handling a particular sexual abuse case. However the court found that a stated requirement of her position was that she be "an active practicing Catholic who is in full communion with the Church". It accepted the Diocese's contention that O'Connor was terminated because she had recently married outside the Catholic Church, holding that it is a matter of religious interpretation as to whether that was a violation of the requirement to remain in full communion with the Church. Having dismissed the federal claim, the court declined to exercise jurisdiction over a related state law claim.

Recent Law and Religion Articles

From SSRN:
Christopher Borgen, Triptych: Sectarian Disputes, International Law, and Transnational Tribunals in Drinan's Can God and Caesar Coexist?, St. John's Legal Studies Research Paper No. 06-0074.

From SmartCILP (in part):
Karima Bennoune, Secularism and Human Rights: A Contextual Analysis of Headscarves, Religious Expression, and Women's Equality Under International Law, 45 Columbia Journal of Transnational Law 367-426 (2007). (Article abstract).

Mark C. Weber, Services for Private School Students Under the Individuals with Disabilities Education Improvement Act: Issues of Statutory Entitlement, Religious Liberty, and Procedural Regularity, 36 Journal of Law & Education 163-210 (2007).

Eric Alan Isaacson, Assaulting America's Mainstream Values: Hans Zeiger's Get Off My Honor: The Assault on the Boy Scouts of America, 5 Pierce Law Review 433 (2007).

Memorial Day Connects Government With Religion

The legal framework for setting today as Memorial Day-- and connecting it to prayer-- is found in President Bush's Proclamation titled Prayer for Peace, Memorial Day, 2007, issued earlier this month. The Proclamation points out that:

Congress, by a joint resolution approved on May 11, 1950, as amended (64 Stat. 158), has requested the President to issue a proclamation calling on the people of the United States to observe each Memorial Day as a day of prayer for permanent peace and designating a period on that day when the people of the United States might unite in prayer. The Congress, by Public Law 106-579, has also designated the minute beginning at 3:00 p.m. local time on that day as a time for all Americans to observe the National Moment of Remembrance.

However the President's Radio Address on Saturday that focused entirely on Memorial Day was entirely a secular tribute to America's war dead.

As Melissa Rogers has pointed out, a new church-state issue has emerged as Task Force Patriot USA, an evangelical Christian group, for the first time became a sponsor of the annual Memorial Day weekend Salute to the Troops at Stone Mountain Park in Georgia. Originally this year's Salute was billed as an official U.S. Air Force 60th Anniversary event. However, after objections were raised by Americans United for Separation of Church and State, the Air Force issued a statement saying it is not a sponsor of the event. It said that after becoming aware of the religious nature of scheduled activities, it began taking steps to avoid the appearance of endorsement or preferential treatment of any religious faith. (Washington Post).

The Air Force will still do jet fly-overs of the park this weekend, but will only do two of them instead of the originally scheduled nine, and will not schedule them to coincide with religious events at the Salute. (Atlanta Journal Constitution.) The Army's Silver Wing Parachute Team is no longer participating in the event at all.

New York Teen Charged With Religious Hate Crime For Attack On Sikh Student

In Queens, New York on Friday, a 17-year old was charged with violation of New York's Hate Crimes Act for forcibly cutting off the hair of a 15-year old Sikh student whose religious beliefs required him to wear his hair long. A report by 1010WINS says that the two students were trading insults at Newton High School when the 15-year old offered to apologize. The older boy said that only cutting the younger boy's hair would be an apology. He then dragged the Sikh student into a rest room, threatened him, pulled off his turban and cut off his hair, while two other students acted as lookouts. Queens District Attorney Richard A. Brown said the actions were an attack on the 15-year old's fundamental religious beliefs and on his freedom to worship.