Hamas Sets Up New Court System In Gaza

In the Middle East, Hamas authorities in Gaza are setting up a new system to replace the courts that have stopped functioning, but news reports give somewhat differing details. Media Line said yesterday Hamas authorities have decided to set up Islamic courts to replace the former court system. Palestinian Authority Chairman Mahmoud Abbas had ordered the previously appointed judges and prosecutors to stop cooperating with Hamas after it took over Gaza. Abu Obydai, leader of Hamas' Executive Force ( Tanfezya), said that the new courts will apply Sharia law, especially in marriage and divorce matters. The new courts will be supervised by a three-person panel consisting of an Islamic law expert, a military court judge and the chief of the central prison. Ali Khashan, Justice Minister in the Fatah-led Palestinian government on the West Bank, said the decision to set up the new courts was illegal.

Arab News meanwhile has a slightly different version of developments. It says that the three-person panel is being set up on a temporary basis until courts start functioning again. It will hear the hundreds of criminal complaints that would have gone to existing courts, according to Islam Shahwan, spokesman of Hamas’ Executive Force. Another Hamas spokesman, Sami Abu Zuhri, said the new legal panel would not impose Sharia law, but would apply it with the consent of both parties, particularly in dealing with inheritance, marriage and divorce.

Recent Prisoner Free Exercise Cases

In Robinson v. Department of Corrections, 2007 U.S. Dist. LEXIS 50817 (ND FL, July 13, 2007), a Florida federal Magistrate Judge recommended dismissal of an inmate's free exercise claim because he failed to allege that the withholding of his religious books and materials denied him a reasonable opportunity to pursue his religion, despite his previously being advised that such allegations were necessary.

In Quillar v. California Department of Corrections, 2007 U.S. Dist. LEXIS 50894 (ED CA, July 13, 2007), a California federal Magistrate Judge recommended dismissal of Free Exercise and RLUIPA claims by an inmate who was disciplined for wearing a beard for religious reasons, in violation of the prison's grooming regulations. While the allegations were found sufficient to state a claim, the magistrate found that defendants enjoyed qualified immunity from plaintiff's damage claims and that plaintiff's claim for an injunction is moot due to his transfer to a different facility. The magistrate also recommended rejection of plaintiff's Eighth Amendment claim.

In Ghashryah v. Frank, 2007 U.S. Dist. LEXIS 51104 (WD WI), a Wisconsin federal district court permitted an inmate to move forward with his claim that his rights under the First Amendment and RLUIPA were violated when prison officials prohibited him from using his religious name in filing grievances.

In DeRosa v. Jones, 2007 U.S. Dist. LEXIS 51561 (ED OK, July 16, 2007), an Oklahoma federal district court upheld the denial of a kosher diet to a prisoner who was a member of a Messianic Jewish group, finding that the prison's vegetarian diet, as well as non-pork meals, are available to him.

In Johnson v. Smith, 2007 U.S. Dist. LEXIS 52186 (MD PA, July 19, 2007), a Pennsylvania federal district court rejected a prisoner's claim that his placement in administrative custody was in retaliation for his exercise of his religious rights since plaintiff made no showing of a causal connection between the two. Authorities discovered that the prisoner had documents indicating an attempt to undercut the prison's contract Imam. He also had documents indicating he may be trying to poison someone by mixing antifreeze with their salad dressing.

In El-Tabech v. Clarke, 2007 U.S. Dist. LEXIS 52018 (D NE, July 17, 2007), a Nebraska federal district court upheld claims by a Muslim prisoner that he be given access to a kosher diet, and that the prayer schedule be posted so that guards are aware of it. The court rejected the inmate's claim that he be allowed to shower every day, instead of three days per week, while he is in administrative confinement.

New Book In Arabic On Religion and Freedom of Expression

The Cairo Institute for Human Rights Studies has published a new book in Arabic titled Religion and Freedom of Expression: Freedom-Related Problems in Different Societies. The book, which grew out of a six-month program on Freedom of Expression Across Cultures was edited by Ragab Saad Taha. A July 11 release describing the book says that it includes chapters on the Danish caricature crisis; freedom of expression in Egypt; and freedom of expression in the Egyptian and European judicial systems. The book also includes the first Arabic translation of a guideline on the implementation of Article 10 (freedom of expression provision) of the European Convention on Human Rights.

HLS Prof Examines How Religious Tradition Meshes With Modern World

Today's New York Times Magazine carries an interesting article by Harvard Law Professor Noah Feldman titled Orthodox Paradox. In it, Feldman describes the lasting impact on him of the modern Orthodox yeshiva that he attended as a boy and the problematic relationship with that institution that he now maintains. More broadly, however, the article is an examination of how members of a traditional faith community attempt to simultaneously live in the modern political and legal world.

UPDATE: On Monday, the blog Jewcy posted an interesting interview with Noah Feldman about his NYT article.

Receipt of Material From Religious Group Is No Excuse For Prisoner

Hardin v. Michigan Department of Corrections, 2007 U.S. Dist. LEXIS 47699 (WD MI, July 2, 2007), accepting the recommendations of a federal Magistrate Judge published at 2007 U.S. Dist. LEXIS 50971, is a rather unusual prisoner case. According to the Magistrate's opinion, Michigan prisoners were harassing state and federal officials who had been involved with their arrests and convictions by filing baseless liens and Uniform Commercial Code financing statements that impaired the officials' credit ratings. Inmates also copyrighted the names of those officials and then sought royalties from them. In order to prevent this, the Michigan Department of Corrections classified as contraband "any books, pamphlets, forms or other material regarding actions that can be taken under the UCC". In this case, a prisoner claimed that this order infringed his free exercise rights under the First Amendment and RLUIPA because he was denied access to UCC material that had been sent to him by an "Ambassador of the Washitaw Nation of Moors". The Michigan federal Magistrate Judge found the state's interest in preventing fraud adequate to support its actions.

Today's Turkish Election Tests Country's Secular Roots

The Associated Press reports that underlying today’s general elections for Parliament in Turkey is a simmering dispute over Muslim women wearing head scarves. The Islamic head scarf has come to symbolize the broader struggle involved in the election. (See prior posting.) The elections were called after the ruling Justice and Development Party was forced to withdraw its nominee for the presidency that Parliament was to approve-- Foreign Minister Abdullah Gul. Gul's wife wears a headscarf, and opponents rallied the public by claiming that it would be a disgrace to have a prime minister’s wife wear that attire in a country that was founded as a secular republic.

CanWest News Service describes the underlying controversy in this way: "the most emotive issue by far is whether this country of 70 million, which forms a bridge between the Middle East and Europe, should remain secular and western-oriented, as it has been since Kemal Ataturk founded the republic on the ruins of the Ottoman Empire more than 80 years ago, or draw closer to its Islamist roots. And if Turkey decides to turn towards Islam, will the staunchly secular Turkish military launch another coup?"

UPDATE: Preliminary results available on Sunday night (US time) indicate that the Justice and Development Party (AKP), with some 47% of the popular vote, has won around 340 of the 550 seats in Turkey's Parliament. (Financial Times). The party denies that it poses any threat to secularism in the country.

MI Court Remands Property Dispute For Finding On Heirarchical Nature of Church

In Leach v. Johnson, (MI Ct. App., July 19, 2007), a Michigan state court of appeals remanded to the trial court a dispute over who owns the property of the Gospel Lighthouse congregation in Warren, Michigan. The congregation had broken away from the Assemblies of God denomination. The appellate court held that the trial court must determine whether or not the church's organization is hierarchical as a prerequisite to deciding whether the ecclesiastical abstention doctrine deprives civil courts of jurisdiction in the case.

Washington Court Upholds Injunction Against Church's "Tent City"

In City of Woodinville v. Northshore United Church of Christ, (Wash. Ct. App., July 16, 2007), a Washington state appellate court upheld a lower court’s grant of a permanent injunction to prevent Northshore United Church of Christ and a housing organization, Share/Wheel, from hosting Tent City 4 on the Church’s property in Woodinville. Tent City is an encampment for the homeless that moves every 90 days. The city refused to process the sponsors’ application for a land use permit for the encampment because of a moratorium on accepting permits during a study of sustainable development plans for the area. It also denied a permit for the encampment to be located on city property.

The court rejected the Church’s claim that its free exercise rights, as protected by the first Amendment and the Religious Land Use and Institutionalized Persons Act, had been violated. It held that strict scrutiny was not required for the First Amendment claim, and that, under RLUIPA, the city’s actions had not placed a "substantial burden" on the Church’s free exercise rights. The Church had alternative ways of ministering to the homeless, such as sheltering them inside existing Church buildings or finding other private land to host Tent City.

Suit Challenges Permit Provisions For Distributing Literature In Parks

Liberty Counsel announced on Friday that it had filed a federal lawsuit against Orange County, Florida on behalf of Shirley Snyder who was prevented from handing out religious literature in a county park. The suit challenges the constitutionality of the Parks and Recreation Department’s Rules that require individuals wishing to distribute literature in a park to first submit a copy of the literature and obtain a permit from county authorities. The suit alleges that the First Amendment’s free expression provisions invalidate the county’s permit requirements.

Suits Between Factions In NJ Sikh Temple Settled

A bitter dispute among two factions in a Sikh temple in Springfield, New Jersey has been settled, according to a report in yesterday’s Burlington County Times. In 2005, after the two factions, arguing over control of the temple’s finances and governance, filed suits against each other, a brawl broke out and a judge ordered the Gurdwara Khalsa Darbar temple closed. Under the new agreement, which still needs to be signed by the parties, each faction will occupy the temple on alternate weekends. A committee of five Sikhs who belong to neither faction will take control of temple finances and will mediate future disagreements.

German Official Urges Teaching of Theological Issues In Science Classes

Karin Wolff, Culture Minister of the German state of Hesse, has set off controversy by suggesting that schools’ biology curriculum should include theological issues about the creation of the world. Reuters reported on Friday that Wolff had told the newspaper, the Frankfurter Allgemeine Zeitung, that “there is an amazing overlap between the Bible’s explanation of the seven days of creation and scientific theory.” Wolff rejected the suggestion that she is promoting the teaching of creationism. Protestant, Catholic and Muslim spokesmen have all criticized Wolff’s remarks.

New Executive Order Bars Denigration of Religion In Interrogation of Terror Suspects

The Associated Press reports that President George W. Bush today signed an Executive Order (full text) setting out standards for interrogation of terror suspects by the CIA. Among the new limitations imposed on interrogators is a ban on practices that are "intended to denigrate the religion, religious practices, or religious objects of the individual" being questioned. The Executive Order also deals with other kinds of abusive treatment.

The Executive Order declares that new Congressional legislation permits the President to "interpret the meaning and application" of Common Article 3 of the Geneva Conventions. Sec. 6(a)(3) of the Military Commissions Act of 2006 gives the President this authority, along with the authority "to promulgate higher standards and administrative regulations for violations of treaty obligations which are not grave breaches of the Geneva Conventions." In its press release on the signing, the White House said that "the President has insisted on clear legal standards so that CIA officers involved in this essential work are not placed in jeopardy for doing their job..."

Ohio's Faith-Based Initiative Budget For Biennium Released

In Ohio, Eric McFadden, director of the Governor's Office of Faith-Based and Community Initiatives reported to the GOFBC Advisory Committee this week that his Office has a budget of $28.5 million for the next two years. $26 million of that is from TANF funds. The rest comes from a federal Healthy Marriage Initiative grant, from the Ohio Benefit Bank, and from general revenue funds. The Office will use its TANF funds as follows: $3.9 million on Children of Incarcerated Parents programs; $3 million on youth mentoring programs; $2 million on fatherhood initiatives; $2 million on Feed Ohio programs; $1 million on the Ohio Benefit Bank; $1 million on Ohio Compassion Capital; and $92,000 on the Ohio National Guard Marriage Enrichment and youth camps programs. (Background.) The budget information was included in today's Friday Leadership Report issued by Ohio Jewish Communities.

Malaysia Censors Reporting On Debate Over Role of Islam In Country

IFEX reports today that the Malaysian government's Internal Security Ministry Publications Control and Al-Quran Texts Unit has banned media from reporting on the controversy that has arisen over a statement made earlier this week by Deputy Prime Minister Najib Abdul Razak. (See July 18 Daily Express.) The deputy prime minister said that Malaysia is an Islamic state, that the country has never been a secular one and that it has always been guided by Islamic fundamentals. Strong responses followed from opposition political parties and others. Ministry official Che Din Yusof said that media will not be permitted to report "especially negative reactions"to the statement for fear of creating "tension" over a "sensitive issue". The Malaysian press is effectively required to comply with the censorship order because of the control exercised by the government under the Printing Presses and Publications Act.

Controversy In South Africa Over Proposed Anti-Witchcraft Bill

The South African province of Mpumalanga is considering a new Witchcraft Suppression Bill. IOL reports today that the South African Pagan Rights Alliance (SAPRA) is attempting to rally opposition to the bill, arguing that witches have religious rights that need to be protected. The proposed law (full text) would outlaw the practice of witchcraft. It would also regulate and require registration of traditional healers. Earlier this month, SAPRA wrote the Justice Ministry and the South African Human Rights Commission urging the enactment of legislation to prohibit discrimination against witches and arguing that witches need protection against violence directed at them.

ACLU Sues WV Scholarship Board On Behalf of Mormon Student

Today's Charleston (WV) Daily Mail reports that the ACLU of West Virginia has filed suit on behalf of David Haws, a Mormon student at the University of West Virginia. The federal court suit charges the state's PROMISE scholarship board with religious discrimination because it refused to allow Haws to take a leave to serve a two-year church mission without losing his scholarship upon his return to school.

California City's Insurers Settle RLUIPA Claim; Will Pay Church $1.2M

The company that provides insurance coverage to the City of Lake Elsinore, California agreed on Wednesday to pay $1.2 million in damages (plus attorneys' fees) to settle a case that had been brought against the city by the Elsinore Christian Center. The suit stemmed from the city's denial of a conditional use permit requested by the Center so it could use a parcel of commercial property and a building on it for religious worship. The city hoped that a non-tax exempt commercial enterprise would occupy the building instead. The church brought suit under the Religious Land Use and Institutionalized Persons Act. The city asserted that RLUIPA was unconstitutional, but it lost that argument in the 9th Circuit last August. (See prior posting.) Now, according to the North County (CA) Times, rather than waiting to see if the U.S. Supreme Court will eventually grant its petition for certiorari on the constitutional challenge, the city will drop its attempted appeal. City Councilman Thomas Buckley said that the California Joint Powers Insurance Authority was "absolutely wrong" in deciding to settle.

Controversial Civil Marriage Compromise Reached In Israel

Israel's Justice Minister Daniel Friedmann and the country's Sephardi Chief Rabbi Shlomo Amar have agreed on legislation to allow limited civil marriage in Israel. Currently Israelis seeking civil marriage must travel abroad. The controversial compromise was described yesterday in Middle East Online and in Haaretz. Civil marriage would become available only to couples where both parties are classified as Jewish by the state, but neither is Jewish under halacha (Jewish religious law). In practical terms, this would affect marriages among the some 270,000 of the many immigrants from the former Soviet Union. Meretz Party Chairman Yossi Beilin criticized the proposal as one that would further isolate new immigrants rather than integrating them into Israeli society. Also controversial is another concession made to the Chief Rabbinate as part of the deal. The power of the Orthodox Rabbinate over conversions to Judaism will be strengthened through legislative provisions allowing the Chief Rabbinate to set up special conversion courts. (See prior related posting.)

Court Upholds School Board's Use of Eminent Domain To Take Church Land

In Nash County, North Carolina, a Superior Court judge has ruled that the Nash-Rocky Mountain Board of Education may use eminent domain to take the property of Life United Pentecostal Church. Yesterday's Rocky Mountain Telegram reports that the court rejected the church's challenge to the authority of the Board and its claim that the taking violated the Religious Land Use and Institutionalized Persons Act. The school board, which has already purchased 59 acres of land surrounding the church's property, says that this is the only site in its attendance zone that is suitable for the new Rocky Mountain High School.

In Bhutan, Some Monks Oppose Their Total Exclusion From Politics

The Asian nation of Bhutan is going through a political transformation that is turning it into a constitutional monarchy. A new constitution has recently been adopted, and the first elections for members of the National Council will take place later this year. The new constitution (Art. 3) makes Buddhism the state religion, but provides that "Religious institutions and personalities shall remain above politics." Implementing this provision, the country's election law makes Buddhist monks ineligible to vote or run for office. Asia News reported yesterday that now some monks oppose this total exclusion, saying that it is contrary to the country's reformist spirit.